In the case of the Bulgarian player, Boris Galchev, against the Romanian club, SC Dinamo 1948 Bucuresti, the Court of Arbitration for Sport (CAS) determined that the player’s waiver for his remunerations for work accomplished, including bonus payments, was not valid under Article 341(1) of the Swiss Code of Obligations (CO), given that it was agreed simultaneously with the termination of the contract.
Brief facts
The parties signed a contract, valid from 12 July 2012 until 30 June 2014, under which the player was entitled to a salary and performance-related bonuses.
In November 2012, the player put the club in default with regard to two outstanding salaries and bonuses.
Having received no reaction from the club, on 4 January 2013, the player unilaterally terminated the contract and immediately referred the dispute to FIFA.
The FIFA Decision
FIFA rejected the player’s claim against the club in its entirety (FIFA DRC no. 13-00375, 21 May 2015).
In reaching its decision, FIFA took into account a termination agreement dated from 13 December 2013, which was adduced by the club and which was allegedly signed by the player, by means of which the parties terminated their contractual relationship by mutual consent, with...
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