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LEGAL OFFICE: HOW IT WORKS (included LO Intervention n.2/12, 07/09/2012. Gauthier/le Bruchet cnts)

Discussion in 'Formula SimRacing' started by EnyNX, Sep 7, 2012.

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  1. LEGAL OFFICE EXPLANATION

    This office asked club admin to publish this decision and use it to explain some general principles to all club members, teams, drivers, to be sure it's generally understood how to use this office and what are the effects when signing a "legal office procedure" contract.
    Legal Office is a ISR Club organism created to register and protect contracts between teams and drivers and decide about their validation. Obviously it's a private bureau whose powers are limited to internal (to FSR) effects. Basically, what Legal Office is here to protect and can protect is the basic agreement that a team will grant a driver a car and that a driver will grant a team his performances. Other than that, Legal Office offers no protection as it would mean controlling things where we don't have power. For example this office generally can't grant protection promised prizes for drivers, or money penalties or anything external to what we can strictly call the "racing duties".
    The reason Legal Office has been created some years ago is to give a basic protection to teams and drivers about what we called "racing duties" as that is in control of this office. We can surely control and forbid a driver to race in another team, or force a team to give a driver a seat, while, as said, we can't protect other contractual aspects which teams and drivers should regulate, if they wish, via ordinary contracts.
    To make it even more clear to all readers, you can consider two levels of protection:
    one is restricted, private and immediate and that is Legal Office. Teams and drivers are protected in a quick way by this private bureau but that is only about "basic driving contract" duties and its effects are limited to FSR activity. A contract registered at Legal Office is only valid inside our private club, has special and simpler validation rules and can be registered with a quick and easy procedure, which doesn't require a real signing and which doesn't require over 18 age.
    Second method, which can be used alone or in addition to Legal Office registration, is a normal contract which will require ordinary laws rules to be signed, majority age and which will need an ordinary court to decide in case of conflicts. Obviously this method covers all the (not illegal) aspects of the deal, including prizes, penalties but, as said, is subject to ordinary laws, courts, expenses and timings.
    Obviously, ordinary courts decisions about ordinary contracts signed by parts would overrule Legal Office contracts and Legal Office decisions.


    HOW TO REGISTER A CONTRACT AT LEGAL OFFICE

    Registering a contract at Legal Office is a quick procedure which doesn't require traditional or digital signature.
    To register a contract team managers must ask for a numeric code to legal office administrator. This code will be given to the driver who is going to accept the contract and he will mail the legal office administrator, including in his mail the code given by his team manager and the contract deal itself.
    (Example: Twister Manager wants to sign driver Gennaro Celiento. Twister manager mails Legal Office and receives a 4 numbers code, let's say "1827"; Twister Manager passes this code to Gennaro Celiento. Gennaro Celiento will mail legal office indicating the code and adding to the mail body, or as attachment, the contract deal he's going to accept).
    Once done, Legal Office will communicate to the parts if the contract has been accepted and, in such case, will register it in its archives. From that moment the contract is valid for what concerns Legal Office effects.



    LEGAL OFFICE GENERAL PRINCIPLES


    Offering an immediate protection and adopting very quick and easy procedures to register a contract at this office, also considering we accept deals agreed by non adults signers (which is a strong exception to ordinary laws), is obviously taken into consideration. That only when there are possible reasons to analize and never it should be intended as signing a contract at legal office by a non adult person has no effects. When signing a contract at Legal Office you will take obligations (obviously internal to private club and limited to racing) despite your age.

    Legal office will not offer protection over multiple years contracts. Only one season contracts are allowed and protected.



    Asked to decide about termination of the two contracts registered at this office between ATR Team (at that time represented by Martin Christensen) / Bastien Gauthier and ATR Team (at that time represented by Martin Christensen) / Arnaud le Bruchet, invited to do so by applicant parts who produced more elements of study, this office estabilishes:

    INTERVENTION DECISION

    TERMINATION of the contract between ATR and Bastien Gauthier. As exception to normal procedure, reasons of the decision will be explained in an additional and general part which this office wishes to use as information and warning to all members of ISR Club, to all teams involved and, especially, to all drivers joining the championships.


    PERSISTENCE of the contract between ATR and Arnaud le Bruchet. This office found no further evidences of contract breaches. The warning previously issued to both parts stay valid and active.

    REASONS OF DECISION


    As exception to normal procedure, as said, this office would like to clarify the reasons which led to its decision about this particular case as they must be considered exceptional.
    When deciding about this case, this office wanted to take into consideration the lack of knowledge of this same office rules, statutes and effects, as we feel all members should be better informed about this important organism and consequences of their acts. We intended to use this public and exceptional decision as a way to inform and warn all members (teams and drivers) who will want to use this office in future, to warn them about its strong effects and its unavoidable weaknesses.
    What we considered too are the further elements provided by one of the applicants about team activities which this office found critical. Especially a team disallowing a driver (whose contract is registered at Legal Office) to race as punishment is not admitted by legal office unless there are special cases and unless these special cases are brought to legal office attention and are agreed by it.
    Further evidences were used and will not be unreleased to protect both ATR and the applicant drivers privacy.

    In conclusion, what has been called an exceptional decision is a consequence of many factors together, and no one of those alone would have been enough to terminate a contract.



    With this public decision we intend to cover one of the critical aspects which led this office to take this exceptional decision and to remove this possibility for future cases, considering we take our own responsibilities for the previous lack of informations about Legal Office functioning.

    Legal office administrator,


    Ernesto De Angelis
     
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