GROUNDS AND PROCEDURE FOR APPLYING NEUSTOYKA IN SPORT CONTRACTS
Abstract
In sport contracts, the mere fact that an obligation has not been performed—or has been performed improperly—is enough to trigger a neustoyka clause. The creditor is not required to prove either the breach itself or any specific amount of damage. For this reason, neustoyka can be regarded as a mechanism that spares the creditor from having to establish the debtor’s fault. From the very moment the contractual terms are breached, the clause gives the creditor the right to demand the fixed monetary sum specified as neustoyka. In sport contracts, a neustoyka claim may arise not only from violations of contractual rights but also from breaches of professional standards.
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