The lawyer - mediator, Adrien Pujol returns to the theme of the health crisis we are experiencing. What consequences for the economic world? What federal plan to end the crisis? What solutions for professionals in the sector? What to negotiate? What tools do law give us?

Adrien Pujol approaches this theme in 2 parts. Part 2: Padel players: What to do in the face of the crisis?

 The global coronavirus crisis is having a severe impact on the World of Sport  

   TV broadcasters refuse to pay the planned broadcasting rights, sponsors assess their shortfall, organizers are forced to postpone or cancel major events, with the consequences that this implies ...

At the scale of Padel national, private clubs, associated structures and suppliers risk seeing their turnover reduced by more than 60% of the annual forecast ...

Relations between athletes and sponsors, commitments due within the framework of a reservation of places of practice, postponements of events and their consequences on planned hires, not to mention the cancellation of competitions etc.

So many reasons to try to find amicable solutions and as quickly as possible, that is to say before an official complaint or even before the onset of excessive tension.

But these upheavals can also mask more individual and interpersonal problems.

 Like FIFA, the FFT which manages under delegation the Padel in France, the President of the FFT will soon invite the entrepreneurs of the Padel French for a conference with high expectations, As you recalled PADEL MAGAZINE in his article of May 6, 2020. 

Source: Sporsora

 Contract law allows frequent renegotiations:  

In any contractual relationship (sales contract, provision of services, supply of equipment, business contracts etc.), the parties agree on the thing and its price.

This obligation requires the parties to agree on the precise and objective reference element (s) making the price determinable according to their wishes. Thus, clauses relating to the determination of the sale price can be agreed.

In the event of difficulty in interpreting or performing the contract or  in the event of a major change in circumstances, as is the case with the current health crisis, referral to a mediator proves to be a decisive asset. 

 Contractual freedom: respect for the will of the parties to negotiate the terms of their contract  

In this regard, it should be noted that the Courts only exercise a control of the validity of the calculation methods relating to the determination. Or if necessary, a control of the methods of calculation of revision of the price.

 Cass. com., 11-10-1978, n ° 77-11485 

Judges are prohibited from substituting for the parties to determine the selling price.

 Cass. civ. 1, 18-07-1979, n ° 78-12.380 

The judges can therefore in no way take the place of the parties to impose on them a method of determining the price different from that provided for in the contract. The judges will not be able to choose the modalities of updating the price either.

 Cass. civ. 3, 04-10-1989, n ° 88-10753 

 Contractual freedom is preserved in law, as in mediation, where business partners can freely choose to negotiate in a reasoned and objective manner, thanks to the mediator, the conditions of the contract.  

 Confidentiality will also be total, since it is one of the pillars of the mediator's action.  

Adrien Pujol approaches this theme in 2 parts. Part 2: Padel players: What to do in the face of the crisis?

Professional sports mediator (judicial or conventional) - mediation trainer - and lawyer based in Bordeaux. Passionate of Padel and Tennis, he is regularly appointed by clubs, associations or sportsmen (ves) in amicable settlement of disputes before any trial. For Padel Mag, he reviews monthly news on conflict resolution and mediation.
Do not hesitate for any question: pujol.avocatmediateur@gmail.com
Sports Mediators: a healthy “mediation” spirit, for a peaceful sporting practice.

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