ذاتية عقد احتراف لاعب كرة القدم : دراسة تحليلية وفقا للأنظمة و اللوائح في المملكة العربية السعودية

الملخص EN

The nature of professional sport player’s contract is one of the most important issues in the player’s relation with his professional team, especially in case of an absence of a legal text on the subject matter of the dispute between the player and his team.

Legal jurisprudence and courts’ interpretations have two divergent opinions regarding the nature of the player’s contract: A first point of view considers it as a regular labor contract while a second view sees it as a contract of service.

This study aims to explore the similarities and differences between the player’s professional contracts on the one hand, and contracts of services and labor contracts on the other hand.

We found substantial differences between the player’s contracts and the other two contracts, particularly when we analyzed some aspects of contract formation, termination, and litigation.

These differences were evident in terms of the elements and characteristics of the professional contract and the manner of its termination, the nature of the obligations of the player and how to resolve disputes related to it.

For that reason, both the Saudi Labor Law and the Saudi Player’s Contract Regulations have determined that players can’t have the privileges or the obligations under the Saudi Labor Law.

This leads us to conclude that the player’s professional contracts have a special nature, with an independent legal system that governs and applies to such contracts, based on regulations and rules of interpretation, which have taken into account the majority of provisions and details of the relationship between the parties.