As simple as possible

Zdroj: Šport

The situation relating to 21 year old SCP Ruzomberok forward Tomáš Oravec has been problematic for quite a long time. The club´s agents in Liptov were not happy with the fact that Oravec had a trial at the French second division leaders in Strassbourg in December, and announced to the media that this player should be punished. Oravec however stated that at the beginning of the year, he had sent a notice to Ruzomberok and so he was supposed to be a free player after January, 31. The fact that the club owes him prize money for qualifying for the UEFA Cup was the reason for the notice, he declared. Yesterday he left for Prague with Ruzomberok´s approval. He will be training with Viktória Žižkov until the end of January.
MŠK SCP sport director Igor Bobula declared for yesterday´s issue of Pravda that Oravec went too far in talking about the club´s internal affairs. He also added that Ruzomberok did not accept the reason for Oravec’s notice. He did however admit that the reward for qualifying for the UEFA Cup has not yet been paid to the player. On the other hand, he also said that there is no deadline for the payment in the player’s contract. Consequently the player does not have any basis for the notice.
Jozef Tokoš a sport lawyer, and a director of the agency exclusively representing Tomáš Oravec expresses a different opinion to the media. The professional contract between Tomáš Oravec and MŠK SCP Ružomberok is a so-called ‘nameless contract’, signed according to the article 51 of the Civil Code. In article VIII, paragraph 6 of the contract, the following is stated: “Unless otherwise stated in the contract, the legal relations of the contractual partners follow the Civil Code". In article 563 of the Civil Code it also states: "If the anticipation of the liability is not given in the contract, enacted by the secondary legislation or determined in the decision, the debtor is obliged to pay the liability the first day following the day on which the creditor asks to do so."

Jozef Tokoš points out that the relationship between MŠK SCP Ružomberok and UEFA, and between the club and the general advertising partner does not affect the contractual relationship between Ruzomberok club and Tomas Oravec. According to Ruzomberok officials, the club expects money from the UEFA at the start of the competition and the money will be paid out to players afterwards.

According to the statement from Jozef Tokoš, the creditor Oravec, as well as all the Ruzomberok players from the team that won qualification for the UEFA Cup, warned the club repeatedly and asked for payment of the debt. He did it on behalf of František Mikuláš and Tibor Zátek as early as in July 2001. Since nothing happened, the steps in accordance with the contract were taken: another warning addressed to the club and a notice issued.

"As simple as possible," claims Tokoš and adds: “The notice given by Tomáš Oravec from the contract with Ruzomberok cannot be doubted. It will not be a legal problem . Oravec will be a contractual player until January 31, 2002."

Jozef Tokoš adds that statements from the Liptov Club agents were unqualified and legally irrelevant. They claim, that if the deadline of the debt payment is not given in the contract, the debtor determines the date.

Furthermore, Tokos points out that all the Ruzomberok players who ensured UEFA Cup football for MŠK SCP but have not yet received the promised reward for fulfilling this aim can act in a similar way to Oravec.

Having dealt with this issue many times, Ruzomberok officials should have realized that only redeemable obligations should be included in the contract. If you are not able to fulfill the duty, you have to bear the consequences of the contract, Jozef Tokoš finally concludes.