Diferencias entre las cláusulas de rescisión y las cláusulas de resolución en contratos deportivos del Ecuador

Abstract

The investigation of the “differences between termination clauses and termination clauses in Ecuadorian sports contracts aims to determine the differences between termination clauses and termination clauses within Ecuadorian sports contracts, with the aim of understanding In its application, the methodology used qualitative and quantitative methods to analyze data collected through interviews and surveys with lawyers, agents, club directors and players. Computers, the Internet, voice recorders, specialized libraries and analysis tools such as Excel were used. The field modality included observations and analysis of real contracts, while the bibliographic documentary provided a theoretical and legal framework. The sample was intentionally selected to capture a diversity of opinions and experiences. The analyzes identified significant patterns, trends and relationships, providing a comprehensive understanding of the clauses and their impacts in the Ecuadorian sporting context. The results show that lawyers and managers highlight the need for balance and clarity in sports contracts, with a strong recommendation for specialized legal consultation. The lawyers focus on dispute prevention and legal protection, while the directors are concerned about the financial implications and the protection of the interests of the club in which both agree that a transparent and well-advised negotiation is crucial to protect the interests. of all parties involved. In conclusion, it is observed that football in Ecuador requires adequate regulation of contracts to avoid disputes and protect rights; termination and resolution clauses, although with different objectives, have a significant economic impact on clubs and players. The lack of specific and updated regulations leaves these contracts vulnerable, which can lead to inconsistent interpretations and legal conflicts. The parties involved must have specialized legal advice to ensure clarity and balance in the drafting of contracts that achieve clear and coherent regulation will not only protect the rights of players and clubs, but will also foster a fairer and more transparent contractual environment, contributing to the professional and financial development of sport in the country