Journal of Legal Research

Journal of Legal Research

Rules Governing Football Agency in the Light of Iran's Legal System

Document Type : Original Article

Authors
َAmirsaed Vakil 1
Ali Fazeli 2
1 Assistant Professor, Department of Public Law, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran.
2 M.A in International Trade Law, Farabi School, Tehran University, Qom, Iran.
10.48300/jlr.2023.408796.2412
Abstract
Maybe after the players and coaches who work in the pitch, their agents can be considered as one of the most important factors affecting football. After more than 50 years of their entrance to football and earning huge and sometimes unbelievable incomes, world governing entity of Football (FIFA) tried to control their activities by establishing the FIFA Agent Regulations in 2022. This organization has tried several times to systematize the activities of the agents, but the aforementioned regulations have taken a strong step towards controlling them by limiting the service fees and clearly establishing their rights and duties. Due to the lack of specific laws governing the activities of sports agents in most countries including Iran and the application of the general rules of representation to the activities of this group, in this article, the regulations of football agents approved in 2022 are compared with the general rules of representation in Iranian law and new cases have been introduced and reviewed.
Keywords
Agency
FIFA Football Agent Regulations 2022
Representation
Brokerage
Football Agent
  1. Alayeefard, Mohammad Ali. "Civil liability of principal against apparent authority of Agent and undisclosed principal - comparative study of Iran England law and International Documents". Comparative Law Review 13 (2) (2022): 459-473. (In Persian)
  2. Ghanavati, Jalil and Mohammad Isaa Tafreshi. " The relationship between represention and the commission, agency and brokerage". Qom Higher Education Complex, 3, 11 (2001): 55-81. (In Persian)
  3. Ghanavati, Jalil and Mostafa Nasr Abadi. " Jurisprudential-legal investigation of the representation with a view to the English legal system". Islamic law journal 6 (2009): 63-96. (In Persian).
  4. Vakil, Amirsaed and Farzad Mazhary. " Termination of the employment contract between the club and the professional and its consequences with emphasis on FIFA rules and jurisprudence of sports law". Law research magazine 25 (2022): 265-292. (In Persian)

Books:

  1. Jafari Langroodi, Mohammad Jafar. "Legal terminology". Tehran: Ganje Danesh publications (2008). (In Persian)
  2. Damarchili, Mohammad and Ali Hatami and Mohsen Gharai. "Commentary on the Iranian commerce code". Tehran: Dadestan publications (2018). (In Persian)
  3. Sotude Tehrani, Hasan. "Commerce code" volume 4. Tehran: Dadgostar publications (2021). (In Persian)
  4. Shahidi, Mahdi. "Formation of obligations and contracts". Tehran: Majd publications (2012). (In Persian)
  5. Safai, Hossein and Morteza Ghasemzade. "Civil code: Persons". Tehran: Samt publications (2009). (In Persian)
  6. Safai, Hossein. "Civil code: Preliminary course". Tehran: Higher Institute of Accounting (1973). (In Persian)
  7. Katebi, Hossein Ali. "Commerce code". Tehran: Foruzan publications (1985). (In Persian)
  8. Katouzian, Naser. "Legal actions". Tehran: Ganje Danesh publications (2021). (In Persian)
  9. Katouzian, Naser." Lessons from specified contracts second volume". Ganje Danesh publications (2017).
  10. Katouzian, Naser." Specified contracts". Ganje Danesh publications (2021).

 

Rules and Regulations:

  1. Statute of I.R Iran football federation, 2020. (In Persian)
  2. Constitution of I.R Iran, 1979. (In Persian)
  3. Securities market code of the I.R Iran. 2005. (In Persian)
  4. Commerce code of I.R Iran, 1932. (In Persian)
  5. Civil code of I.R Iran, 1935. (In Persian)

Articles
- Colantuoni, Lucio and Willem-Alexander Devlies. “The Sell-on Clause in Football: Recent Cases and Evolutions”. Yearbook of International Sports Arbitration. Hague: T.M.C. Asser Press, 2015, 73-91. DOI: 10.1007/978-94-6265-129-6_4
- Wade, Chad P. “The Double Doctrine Agent: Streamlining the Restatement (Third) of Agency by Eliminating the Apparent Agency Doctrine”. Valparaiso University Law Review, 42, 1(2007), 341-384. Available at: https://scholar.valpo.edu/vulr/vol42/iss1/10
Books
-  Maguire, Kieran. The price of football. 2nd Ed. Newcastle: Agenda Publishing Limited, 2021.
-  Pijetlovic, Katarina. EU Sports Law and Breakaway Leagues in Football. Hague: T.M.C. Asser Press, 2015.
-  Wong, Glenn M. Essentials of sports law, 4th Ed, Santa Barbara: ABC-CLIO LLC, 2010.
- Blackshaw, Ian S. International Sports Law: An Introductory Guide. Hague: T.M.C. Asser Press, 2017.
- Lewis, Adam and Jonathan Taylor. Sport: Law and Practice. 4th Ed. London: Bloomsbury Publishing Plc, 2021.
- O’Leary, Leanne. Employment and Labour Relations Law in the Premier League, NBA and International Rugby Union. Hague: T.M.C. ASSER PRESS, 2017.
- Sogut, Erkut, Jamie Khan and Thomas Freismuth. How to Become a Football Agent: The Guide. 3rd Ed. London: CA Publishing House Ltd, 2023.
Rules, Regulations and Documents
- Explanatory notes on the FIFA Clearing House Regulations 2022.
- FIFA Clearing House Regulations 2022.
- FIFA Football Agent Regulations 2022.
- FIFA Intermediaries Report 2022-2023.
- FIFA Statutes 2022.
- Players’ Agents Regulations 2001.
- Principles of European Law, Mandate Contracts.
- Regulations governing the application of the statutes.
- Regulations on the Status and Transfer of Players 2022.
- Regulations on Working with Intermediaries 2014.
- Regulations Players’Agents 2007.
- USA Restatement Third of Agency.
Websites
-  Investopedia. “Clearinghouse: An Essential Intermediary in the Financial Markets”, last modified February 07, 2023, Available at: https://www.investopedia.com/terms/c/clearinghouse.asp

Journal of Legal Research
Volume 23, Issue 60
Autumn 2024
Pages 7-36