Interesting case this between Messi and Barcelona. Perhaps should be used as a Case Study for future trainees learning the trade to become a lawyer or if they are involved in law somehow lol.
The question is based on the limited information we have seen and heard, who do you think is in the right? Lionel Messi or Barcelona?
La Liga say Barcelona are in the right but then we are talking about a league who has lost Ronaldo and Neymar and seeing top players choosing the PL over LL. La Liga also made a fuss about Neymar's transfer saying this couldn't have been possible for PSG to sign him but that turned out to be them crying about losing a player. So can we really believe La Liga are being honest in their judgement.
Messi claims that he asked to leave at the end of the 2019/20 season and therefore he can leave for free. The Messi camp say that the clause states "The release clause is not valid if the player decides to leave at the end of the 2019/20 season". Now Barcelona may argue that the end of the 2019/20 season was technically May 2020.
What I would like to know is:
1) Does the contract state that the end of the 2019/20 season is May 2020?
2) Does the contract make allowances or reference what to do if there is a season extension for whatever reason?
In my personal opinion, I think Lionel Messi is probably in the right but I have not obviously seen the contract. I doubt the club made provisions for any season extensions and I reckon the contract has made it too open worded or open to abuse.
If it hadn't made it open to abuse then I don't think the Messi camp would be this adamant Messi can leave for free. They must have legal advice from someone surely?
Who's Right? Messi or Barcelona?
posted on 4/9/20
Comment Deleted by Site Moderator
posted on 4/9/20
comment by What would Stuart Pearce do? Ireland-Kenya Re... (U3126)
posted 6 minutes ago
Suspect will be fought through the courts.
Such a shame their relationship will end with such animosity.
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And Messi doesn't play for a couple of years.
posted on 4/9/20
If there's a date in the contract then Messi doesn't have a case legally. His argument is that Barca should honour the clause as a goodwill gesture, they should after everything he's done for them imo but if it goes to court he wouldn't have a leg to stand on. If Messi is adamant on leaving surely Barca would accept a fee of around 50-100m.
posted on 4/9/20
comment by 8bit (U2653)
posted 1 hour, 3 minutes ago
If there's a date in the contract then Messi doesn't have a case legally. His argument is that Barca should honour the clause as a goodwill gesture, they should after everything he's done for them imo but if it goes to court he wouldn't have a leg to stand on. If Messi is adamant on leaving surely Barca would accept a fee of around 50-100m.
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Not necessarily.
The purpose and timing of that date will have some relevance. That date was in June so it is shortly after a season ends and well before the next starts.
In the unprecedented circumstances of this season it could be argued that the 'serving of notice' now, in the off season has the same effect as serving notice in any ordinary off-season (June) and therefore the club are not prejudiced by the timing.
posted on 4/9/20
Common sense sides with Messi but the law would side with Barca I reckon.
posted on 4/9/20
Not taking the mick but
'The question is based on the limited information we have seen and heard, who do you think is in the right?'
is a premise for a fantastic debate
posted on 4/9/20
comment by What would Stuart Pearce do? Ireland-Kenya Relations Secretary (U3126)
posted 4 hours, 4 minutes ago
Suspect will be fought through the courts.
Such a shame their relationship will end with such animosity.
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Messi has come out and said he accepts the decision and that he and Barca will never face each other in court because he loves the club. He just thinks the chairman is a caant, and he is right.
posted on 4/9/20
Barca should be ashamed of themselves.
posted on 4/9/20
Force Majeure is the term used in English contracts for Acts of God which would apply here, but it would depend on the actual wording in his contract. I would think that the only way Messi could extend the date from the specified one in June to now would be if the Force Majeure clause stated that it would be extended in the result of delayed matches. I find it very unlikely that anyone would have had the foresight to see the season extended so far and put something in to extend the notice period for Messi to give notice to leave, so in all honesty I think he wont have a leg to stand on.
And if Messi has said he accepts their decision you can bet he's had top lawyers go through the contract and advise him on it. If there was a clause that allowed for the notice to be extended they would have delivered a notice stating what clause t was with the request to leave and Barca would have had no option but to accept it. Well thats how it would work here anyway.
posted on 5/9/20
"The release clause is not valid if the player decides to leave at the end of the 2019/20 season". Now Barcelona may argue that the end of the 2019/20 season was technically May 2020.
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Thats ridiculous. The season is not over until the last game is played. I agree with you OP. From the available info it seems they are skrewing him over.