THE BOOK--Playing The Percentages In Baseball

Obviously every country has its own laws (England is generally similar to ours since most of our common law is from English common law), but ANY contract with a (non-emancipated) minor is generally NOT enforceable unless the other party thought that the person was of age and should not have reasonably known that they weren’t (especially if the minor presents himself as of age).  Then again, parents and guardians can usually enter into contracts on behalf of minors (otherwise minor entertainers and the like could never work).

There is nothing wrong with contracts for future contracts.  A contract is nothing more than an agreement (with certain rules of course) between two or more persons.

The Spanish tribunal sided AGAINST the minor for… I don’t know the reason… but I suppose for not signing an agreement at 16 that he pledged to sign when he was even younger than that.

Yeah, I realize that.  I have no idea about Spanish law.

I think the issue with Spanish players is that they are not allowed to sign contracts in Spain until they are 18.  The pre-contract agreements (signed by parents) encourage them to stay until 18 and then sign a contract.  But in England they can sign at 16 and so some of the better players leave early and play in the UK.

I imagine that the arrangements between Spanish football academies and players are similar to those between players and some of the baseball academies in central and south america run by MLB clubs.

I still don’t get how a Spanish tribunal can hold an agreement signed by a 14 or 15 yr old against him.  Why *must* he have signed at 16?  And that if he didn’t, he’d owe millions of dollars?

It’s a tricky situation.  The club is providing a service (training football players) and charging a fee at the end (required contract).  It is unlikely that the kid’s family would have been able to pay a market price for attending the accademie.  If the player never makes it then the accademie loses out.  If every kid who can make any money jumps ship at 16 then the accademie will never make any money.  End of accademie = fewer top players. How would you set up appropriate compensation for these accademies?

I agree with the general philosophy.  But that still doesn’t make it legally enforceable.  If I am not of age of consent, then I am not of age of consent.

In #4, he says “signed by parents.”

Then the club would need to sue the kid’s parents, not the kids.  I imagine the same applies for child labor, that if the Olsen twins had decided to not fulfill the contractual duties that their parents consented to, then the parents would be sued.

In affect, the parents are like enforcers for a crime syndicate.  If they can’t twist the arms of their kids, it’s the parents that pay the price.

Am I wrong?