A contract with a minor athlete is in Georgia first of all a question of legal capacity: before a club and a young player agree on terms, it must be established whether the player can conclude the agreement at all and whose consent is needed. These rules are set by the Civil Code, and ignoring them puts the contract at risk. On this page we explain when a player acquires full capacity, in which cases the consent of a legal representative is required, and what a club answers for the acts of its representatives.
Full Capacity — When the Player Signs Alone
Under Article 12 of the Civil Code, capacity — the ability of a natural person, by his or her own will and action, to acquire and exercise civil rights and duties in full — arises upon attaining majority. A person who has reached the age of eighteen is of age; this is the threshold after which an athlete concludes the contract with a club independently. The law provides one exception: a person who married before the age of eighteen is considered capable — such a young player enjoys full capacity. The same article introduces the category of a recipient of support: a person with psychosocial needs who satisfies the age or marriage conditions may, in a sphere determined by the court, be recognized as a recipient of support; the court may recognize even a minor as such within the limits where he or she does not need the consent of a legal representative. Age is therefore not the only criterion — before signing, a club may take into account whether there is a court decision on support concerning the player.
Restricting Capacity by Deal — Impermissible
Article 13 of the Code sets a rule of great practical importance: the restriction of capacity is allowed only in cases provided by law, and the restriction of capacity by a transaction is impermissible. In the sports context this means that a club cannot write into a contract a clause restricting the young player's capacity — for example, a blanket ban on concluding deals independently at an age when the law grants that right. Such a clause cannot operate even where the parties "agreed" to it: the only possible ground of restriction is the law itself. The logic is simple: capacity is a status of the person, not an object of negotiation.
Limited Capacity and the Representative's Consent
Article 14 of the Code regulates the middle age zone: a minor between seven and eighteen years has limited capacity. Also considered of limited capacity is an adult for whom the court has established guardianship — such a person is equated with a minor in capacity, and the restriction lapses when its ground ceases to exist. For the contract of a player with limited capacity, Article 15 is decisive: for the validity of the expression of will of such a person, the consent of his or her legal representative is necessary, except in cases where the person of limited capacity receives a benefit by the transaction. In practice this reads as follows: a player between seven and eighteen must back the conclusion of a professional contract with a club by the consent of a parent or guardian, because such a contract imposes obligations and risks on him and can hardly count as a purely beneficial transaction. The younger boundary of the zone is equally explicit: a minor under seven years — a small child — is considered incapable and cannot conclude a contract at all.
The Club's Liability for the Acts of Its Representatives
A sports club often concludes contracts not directly but through its representatives — a director, the head of an academy, an agent. Article three hundred ninety-six of the Code sets the general rule here: the debtor must answer for the acts of its legal representative and of the persons it uses to perform its obligations to the same extent as for its own culpable conduct. This means that if the club's representative concludes a contract with a minor player coupled with a fraudulent obtaining of consent, the legal consequences fall on the club itself. For the young player's side this is a protective norm; for the club it is a reason to keep its representatives under strict control.
Frequently Asked Questions
Below we answer the questions that arise most often around young players' contracts.
When does a player sign independently?
Upon attaining majority — eighteen years; also a person married before eighteen, who is considered capable.
Whose consent does a player between seven and eighteen need?
The consent of a legal representative — a parent or guardian — except where the transaction brings the player only benefit.
Can a club restrict capacity by contract?
No — restriction of capacity is allowed only by law; restriction by a transaction is impermissible.
When is a player incapable altogether?
Under seven years of age — a small child is considered incapable and cannot conclude a contract.
Who answers for the club agent's conduct?
The club — the debtor answers for its representative and auxiliary persons to the same extent as for its own culpable conduct.
How We Help on Legal.ge
The Legal.ge team assists clubs, academies, young players and their parents in putting minors' contracts on a legal footing. We verify the player's capacity status, determine the need for consent, draft the contract so that it excludes validity risks, and protect the player's interests in disputes. Contact us for a consultation — we will assess your situation and prepare an agreement that stands on a lawful foundation.