Some time ago, "League of Legends" e-sports professional player Yu Wenbo (id: Jackeylove) caused heated discussions among many netizens because of the transfer turmoil that broke out during the last transfer period. He was exposed when he was negotiating with the IG club to renew his contract. His cousin signed a "contract of intent" with another club with a liquidated damage of up to 10 million yuan. As a result, he failed to reach an agreement with this club, but it also meant that other clubs must sign him. The liquidated damages for this contract of intent. This behavior of breaking industry rules aroused the disgust of Wang Sicong, the former owner of IG, and was boycotted by various bosses. As a result, he was only able to spend most of the season at home.
As we all know, professional e-sports is an industry that has not yet matured. The "intent contract" signed by Yu Wenbo is also considered to emulate the commercial operations in professional football or professional competitive sports. That is in the football world and in other fields. Is there such a "contract of intent" in China?
We often see documents such as "Letter of Intent" and "Agreement of Intent" in all areas of life. They are commonly used in commercial cooperation such as house purchase and renting, but in many cases they do not have legal effect, and are only used by one party to the agreement. In order to understand the willingness of the partners, and to draw up a general framework for future formal cooperation, it is convenient for both parties to have a clearer understanding of the content and methods of cooperation before the formal agreement with legal effect is reached, which can be understood as pre-dinner "appetizer".
But this does not mean that "agreement of intent" or "contract of intent" is just a bad check. First, when the "contract of intent" is signed by both parties in the form of a contract, it has become effective and protected by law, that is, as stipulated in Article 32 of the Contract Law of the People's Republic of China, "the parties adopt the form of contract When a contract is concluded, the contract shall be established when both parties sign or seal." Moreover, the contract of intent usually also contains part of the main contract. It is common that one party will first pay a part of the deposit to the other party. As long as the other party accepts the deposit, it will take effect directly even if the signing of the contract has not been formally completed. Article 37 of the Contract Law stipulates: "A contract is concluded in the form of a contract. Before signing or sealing, one of the parties has fulfilled its main obligations, and if the other party accepts it, the contract shall be established." Therefore, once the contract takes effect, all the terms in it will be protected by law, so once one party breaches the contract, the other party can be held accountable according to the law and seek compensation based on the content of the contract.
In fact, the form of "intent contract" does not necessarily have the word "intention". For example, the "Tripartite Agreement" that university graduates must be familiar with when looking for a job is also a variant of the "Intent Agreement." This is a letter of intent signed by the school as a third party, mainly to protect fresh graduates from successfully determining their first job, so as to avoid the sudden change of employers and cause graduates to face unemployment, but at the same time, employers also respond accordingly. The local government will add its own protection clause to prevent graduates from directly breaching the contract and seeking another job. Generally, it is a liquidated damage clause, that is, once the graduate decides to go to another unit, the agreement can be terminated by paying the liquidated damages in the agreement. The situation faced by Yu Wenbo is similar. After signing an "intent contract" with the new club, he is not satisfied with the main contract and intends to go to another team, so he must first pay a penalty in exchange for free body.
Therefore, the "contract of intent" is neither a blank check nor an overlord clause, but a common form of agreement in modern business activities, which is completely in line with legal procedures.
According to FIFA "Regulations on the Status and Transfer of Players" (Regulations on the Status and Transfer of Players) Article 18 "Special Terms of Professional Players and Club Contracts": If a club attempts to sign a contract with a player, it must Before negotiating, issue a written document to notify him of the existing club. A professional player can freely sign contracts with other clubs only when his contract with the original club has expired or is only six months old.
In short, professional players with a contract can freely negotiate contracts with other teams within six months before the expiration of the contract, otherwise the parent team must agree. But in fact, we also know that in reality, there are countless cases of secret communication between players and teams. Usually, the agent will privately reach verbal agreements with other teams and even initial contracts without telling the parent team. , But because the parent team’s consent is not obtained, although the private agreement sometimes has legal effect, it may also be invalidated or be held accountable by the parent team for this reason. Therefore, under normal circumstances, this illegally signed agreement will be kept in secret. Get up and wait for it to take effect.
From Mascherano to Fabregas to Dembele and Coutinho, although this way of initialing a contract and allowing players to force the home team is now common in Barcelona transfers, the Red and Blues also Was the victim of a similar situation, which is the famous Figo transfer event.
Figo was the captain of Barcelona and the flag of the Catalan team before moving to Real Madrid in 2000, but at the time, his rivals Real Madrid had an incredible idea of the Portuguese. One of Florentino's promises when he first ran for Real Madrid chairmanship in 2000 was to sign Figo for the team. It happened that Figo was also not satisfied with the treatment at Barcelona at the time, so he also wanted to increase his bargaining chip. Barcelona’s senior bargained for a high salary, so under the help of the Portuguese agent Vega at the time, Figo signed a "contract of intent" with Florentino, who had not yet succeeded in the campaign. The contract stipulated that as long as Flo The success of Lentino's campaign for Real Madrid's chairmanship will have to pay a high price to acquire Figo, and Figo must agree to join Real Madrid, otherwise the party who breached the contract will need to compensate the other 30 million euros, which is undoubtedly a huge sum of money at the time.
According to Figo’s agent, Vega, Figo was willing to sign the agreement because he did not think Florentino would be able to run successfully, because Real Madrid under the current chairman Sanz won the Champions League twice in three years. Champion, this result was enough to get him re-elected, but at that time Real Madrid had serious financial problems, and Florentino promised to help Real Madrid get out of the financial crisis and implement the "superstar policy" so that he defeated Sanz and started " The Age of Galactic Battleships". With Florentino’s successful campaign and willing to provide a huge transfer fee and salary, the problem has come to Figo, because if he cannot transfer, he must compensate Real Madrid with 30 million euros. In an interview last month, Figo again Recalling this historical issue, he said that he was not aware of the agreement signed by his agent and Florentino, only that his agent told him that if he did not transfer, he would have to buy Real Madrid next season. Season pass of the year.
According to his agent Vega, Figo ran to him in a panic and asked him what to do. Vega told him there were only three options: one was to stay in Barcelona, but he needed to pay the penalty out of his own pocket, and the other was not to pay the penalty. Vega needs to go to jail, and the third is a transfer to Real Madrid. Obviously Figo has no other choice, because whether he is willing to pay liquidated damages, the Barcelona executives and Barcelona fans who learned the news are very angry at this betrayal, and the road to stay at the Nou Camp has long been blocked. . Therefore, in the summer of 2000, Figo fulfilled the agreement and formally joined Real Madrid, becoming the first masterpiece of Galeries Lafayette’s "one-year superstar". He successfully snatched their core players from his rivals and made Figo a football history. The most famous "Judas" in Shanghai, whenever he returns to Camp Nou, all he has to wait for is boos, debris, and pig heads.
Compared with Yu Wenbo who was about to become a free man at the time, but the lack of integrity and volatility was offensive, the nature of Figo's behavior was even worse, because he had a contract and did not have a clear understanding of the situation before letting the agent interact with him. Huang Maada became an agreement, not only irresponsible to the mother team, but also irresponsible to himself, so he was criticized for this reason.
It is worth mentioning that, eight years later, Real Madrid repeated its old tricks and won another Portuguese superstar Cristiano Ronaldo in a similar way.
During the tenure of former chairman Calderon, Ronaldo, who played for Manchester United at the time, had always been his target of signings, but initially the Portuguese did not intend to join Real Madrid. Until 2008, Calderon's soft and hard bubble and media offensive In addition, Ronaldo also intends to change to a new environment, so according to media disclosures, the Manchester United star at the time decided to join Real Madrid, and the two sides had reached an agreement in 2008. This news was also confirmed by Calderon again at the beginning of this year. The former Real Madrid president admitted that he had reached a private agreement with Ronaldo at that time, that is, Real Madrid needed to make an offer to buy Ronaldo according to the agreement, and Ronaldo also agreed to join. Real Madrid, in case of breach of contract, will pay 30 million euros to the other party. Yes, it is 30 million euros. It is a familiar taste, but it is a different price.
However, Ronaldo himself did not confirm the existence of this agreement, but combined with the situation back then, it should be roughly the same. Ronaldo indeed expressed his desire to transfer in 2008, but at that time Calderon used the use of the media to create public opinion pressure, which made Ferguson very angry, and even threatened to appeal against Ronaldo again. I went to FIFA and released the ruthless sentence "No virus will be sold to Real Madrid". But because Ronaldo had decided to go, Ferguson and his lover also reached an agreement. Ronaldo will stay at Manchester United for a year. The Red Devils will be released in the summer of 2009 and will make a move after Florentino takes office. The dues brought another Portuguese superstar to the Bernabéu at a record value at the time.
However, compared to Figo’s transfer, although Ronaldo did have private contact with Real Madrid, and the whole process also caused the two teams to be unhappy, but because Ronaldo’s transfer intention has been relatively clear, and it seems that it has caused The main responsibility for the unhappiness lies in Calderon's poor operating methods. With Florentino's second entry, the transaction can be carried out openly, so it was finally completed in a harmonious way.
Lu Xun said well that there is no road in the world, and it becomes a road if there are more people walking. Although this kind of non-procedural private transfer contact will still be condemned on the table, in fact the major teams under the table do it more or less, such as the experience of Figo being poached by his dead enemy After the tragic experience of Barcelona, Barcelona seems to have opened the door to a new world, except for the aforementioned Mascherano, Fabregas, Coutinho and Dembele all adopted this method of private teaching and receiving. , The most recent is to hire Griezmann from Atletico Madrid.
鲁迅说得好，世界上没有路，走的人多就成为一条路。尽管这种非程序性的私人转账联系仍然会受到谴责，但事实上，在赌台下的主要团队或多或少都会这样做，例如菲戈经历了他死去的敌人的猎杀之后，经历了巴塞罗那的悲惨经历。 ，巴塞罗那似乎已经打开了通往新世界的大门，除了上述的马斯切拉诺，法布雷加斯，库蒂尼奥和登贝莱都采用了这种私人授课和接受的方法。 ，最近是从马德里竞技俱乐部聘请格里兹曼。
As we all know, although Griezmann officially landed at the Nou Camp this season, according to Barcelona’s “Queen’s Media” “Daily Sports”, in fact, Grid had reached a private agreement with Barcelona last season similar to that of Real Madrid and Figo. The preliminary agreement between the two has been signed, and even the individual contract has been signed, and "Every Body" directly turns it into the "figo model".
Last season, the French talents just renewed their contract with Atletico Madrid with high salaries until 2023. This also made Grid, who was originally well-received for staying behind, considered a good show last summer. What’s even more exciting is that there is a mystery in the original Grid and Atletico Madrid’s contract renewal. The original penalty was 200 million euros, but it was reduced to 120 million after July 1, 2019. This clause is obviously for last summer. Will be prepared, which to a large extent also means that Grid has indeed found the next home before renewing his contract with Atletico Madrid.
Perhaps in order not to breach the contract, Griezman directly released a commemorative video after the end of last season and announced his official departure to force the palace team, but he did not explain who the next home is. A few days after Grid announced his departure from the team, Atletico Madrid officials spoke out accusing Barcelona of having privately contacted the French before the end of the season and did not know before. He also believes that since Barcelona has contacted Grid and reached an agreement and signed the contract before July 2019, it should pay 200 million instead of 120 million.
For this reason, even though Griezmann has now successfully joined Barcelona, Atletico is still suing Barcelona for violations of the rules in La Liga. In September last year, Barcelona was finally sentenced to a fine of 3 million euros. However, it seems that both parties are not satisfied with the ruling and both filed. After the appeal, now affected by the new crown epidemic, this appeal has been delayed, but it seems that Atletico does have some evidence to prove Barcelona’s violations. The fine is a foregone conclusion, but the amount may be different.
In fact, in recent years, similar situations have occurred every year, and many heavy trades will have such a small episode. Each team has condemned such behavior on the surface, and they have done similar activities in private. All accept such unspoken rules, but the important thing is not to be caught. For example, Liverpool encountered this dilemma when it first contacted Van Dijk. Originally, the Red Army wanted to sign the Dutch in the summer of 2017. It is said that the two parties have reached a private agreement, and Van Dyke has also formally submitted a transfer application, but the problem is that the home team Southampton’s offer to the Red Army at the time was not Not satisfied, and also caught the evidence of the Red Army's private contact with Van Dyke, and directly complained to the Premier League, which made the Red Army's senior officials lose face, and had to formally issue an apology, saying that the transfer was temporarily suspended. The Red Army did not formally reach an agreement with the Saints until the winter, and the defender bought the Dutch for the highest value.
Liverpool's failed operation also warned other teams that the private operation must be clean and neat. After all, although everyone closed one eye, the other one still opened.
The "intent contract" itself is not a completely obscure black-box operation, but in professional football is often used for private contact, because the transfer itself should require the intervention of three parties, and the "intention contract" will become two of them for their own sake. To maximize the benefits and skip the third party to reach a private agreement, we still need to condemn and oppose this behavior that violates the spirit of the contract. The “intent contract” similar to the “advance clause” on the countertop is fully protected by law. For this kind of contract, we need to strengthen the education of the law to avoid our own ignorance of the clause. The interests are harmed.