mcfc1632 wrote:Beefymcfc wrote:mcfc1632 wrote:Perhaps your are right - but I do not think so.
The appropriate FIFA article (15) is a total untested grey area. and both parties will be wanting to be careful to not be the ones to be seen to provide the other with a burden of proof.
There are 2 areas of proof that would allow Tevez to 'simply walk away from his contract'
1/ has he played in less that 10% of matches - well that is clearly in his favour - Why is this in his favour when he clearly wasn't fit and then did one, not allowing us to play him? I think you'll find that even if tested, there'd be no chance in hell that he could prove anything other than he wasn't able to play that 10%, by is own admission.
2/ is he a recognised established player for the club - that also is clearly in his favour - Yes he was, but not this year once he turned up doing his Tele-tubby impression. FIFA/UEFA would never back any of those claims, never mind a court of law.
Sorry Beefy - whilst I am totally behind you as a fan - this is not how regulations and law works
The PFA support for Tevez fucked us - we now will (even if we fans hate it) find the best way out and they will win - I will buy many pints in the Townley if I am wrong on this - but I will not be (IMO)
Dameerto wrote:There is no logic in a player deciding to make himself unavailable for selection - then using his non-selection as a way to get out of his contract - absolutely no logic at all. I don't need to be a lawyer to see that.
mcfc1632 wrote:Dameerto wrote:There is no logic in a player deciding to make himself unavailable for selection - then using his non-selection as a way to get out of his contract - absolutely no logic at all. I don't need to be a lawyer to see that.
I know how it feels - but as someone that speaks on a regular (weekly) basis to experts in eurpoean law - most of the comments on here are just (understandable) fan 'desire' for what is right - but sorry that does not work in law
Given:
a) it has been 'proven' and 'accepted by CITY' that he did not refuse to play in Munich and
b) the extenuating circumstances that his 'advisors/legal team' can claim to be present in this situation the meant his position was 'untenable' - caused by CITY - and thereby justifying his return to Argentina (from their view)
.......well frankly, as much as it hurts - I cannot see them losing - as much as I fucking hate it!!!
We will settle - and I would fucking love to be wrong - but unfortunately I will not be
Beefymcfc wrote:mcfc1632 wrote:Beefymcfc wrote:mcfc1632 wrote:Perhaps your are right - but I do not think so.
The appropriate FIFA article (15) is a total untested grey area. and both parties will be wanting to be careful to not be the ones to be seen to provide the other with a burden of proof.
There are 2 areas of proof that would allow Tevez to 'simply walk away from his contract'
1/ has he played in less that 10% of matches - well that is clearly in his favour - Why is this in his favour when he clearly wasn't fit and then did one, not allowing us to play him? I think you'll find that even if tested, there'd be no chance in hell that he could prove anything other than he wasn't able to play that 10%, by is own admission.
2/ is he a recognised established player for the club - that also is clearly in his favour - Yes he was, but not this year once he turned up doing his Tele-tubby impression. FIFA/UEFA would never back any of those claims, never mind a court of law.
Sorry Beefy - whilst I am totally behind you as a fan - this is not how regulations and law works
The PFA support for Tevez fucked us - we now will (even if we fans hate it) find the best way out and they will win - I will buy many pints in the Townley if I am wrong on this - but I will not be (IMO)
You have your points mate but I just don't believe they are right. On both points you say about 10%/establishedplayer but when you look into it then once you take away the games he was unavailable for due to being fat or AWOL you'll probably find that he played in more than 1 in 10 games in readiness to bring him back into the 1st team.
I'm not saying we are going to get the best deal out of Tevez but I'm sure we will at least get a reach-round whilst getting dry bummed.
We'll see mate.
Dameerto wrote:mcfc1632 wrote:Dameerto wrote:There is no logic in a player deciding to make himself unavailable for selection - then using his non-selection as a way to get out of his contract - absolutely no logic at all. I don't need to be a lawyer to see that.
I know how it feels - but as someone that speaks on a regular (weekly) basis to experts in eurpoean law - most of the comments on here are just (understandable) fan 'desire' for what is right - but sorry that does not work in law
Given:
a) it has been 'proven' and 'accepted by CITY' that he did not refuse to play in Munich and
b) the extenuating circumstances that his 'advisors/legal team' can claim to be present in this situation the meant his position was 'untenable' - caused by CITY - and thereby justifying his return to Argentina (from their view)
.......well frankly, as much as it hurts - I cannot see them losing - as much as I fucking hate it!!!
We will settle - and I would fucking love to be wrong - but unfortunately I will not be
Sorry mate, but you couldn't be more wrong.
mcfc1632 wrote:Given:
a) it has been 'proven' and 'accepted by CITY' that he did not refuse to play in Munich and
b) the extenuating circumstances that his 'advisors/legal team' can claim to be present in this situation the meant his position was 'untenable' - caused by CITY - and thereby justifying his return to Argentina (from their view)
Beeks wrote:@StuBrennanMEN Mancini rules out any loan deal for Tevez, which kills AC Milan's hope of six month loan followed by £17million buy
carl_feedthegoat wrote:Beeks wrote:@StuBrennanMEN Mancini rules out any loan deal for Tevez, which kills AC Milan's hope of six month loan followed by £17million buy
Excellent..I hope we fuck him about like never before..the little turd.
john@staustell wrote:You have to marvel at the cheek of these Italians, time after time.
"It will be a loan with no fee payable" - Yeah right!
Dameerto wrote:mcfc1632 wrote:Given:
a) it has been 'proven' and 'accepted by CITY' that he did not refuse to play in Munich and
b) the extenuating circumstances that his 'advisors/legal team' can claim to be present in this situation the meant his position was 'untenable' - caused by CITY - and thereby justifying his return to Argentina (from their view)
These are the bits I see as wrong. using your own words, and the statement released by our club, "It's been 'proven' and 'accepted by Tevez' that he refused to participate in a match in which the player was selected to play for the club when directed by a club official." (Warming up obviously counts as participation in a match).
Your second point is speculation and I disagree with it.
“We received an answer. You all know the situation,” Milan’s Vice President and Chief Executive Adriano Galliani told Sky Sport 24 on Saturday. “Manchester City want to sell the player outright, while we want him on loan with the right to buy. We are a big club and if players do well then we take up their options.
“It’s true that Paris Saint-Germain are looking at the Argentine now as well, so I think it will be a bit of a long negotiation process. I spoke to [PSG Sporting Director] Leonardo and he told me the President of PSG is interested in Tevez. In any case, I don’t want to make any predictions on the outcome of the negotiations, as there were many clubs on Tevez, including some Italians, an English side and Paris-Saint Germain.
“We have already received City’s response to our offer and they are asking for the player to be signed outright, so I hope to convince them to accept our proposal. Tevez looks set to come to us and it’s usually important to have the will of the player: I think it will be long negotiations, but in 25 years I have seen everything on the market. I will do everything possible and impossible to bring him, but the operation is difficult. If Tevez does not arrive, then we have a basic agreement with Catania for Maxi Lopez,” he added.
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