County court rules Mamic-Da Silva contracts were not usurious

The Zagreb County Court has quashed a ruling made by the Zagreb Municipal Civil Court that had declared null and void contracts signed by Dinamo boss Zdravko Mamic and his son Mario under which the Mamics have the right to a considerable portion of the life-long net income of football player Eduardo Da Silva. 

Under the County Court's final ruling, Zdravko Mamic is entitled to seek 50% , and later 25% and finally 20% of all revenues which this naturalised Croatian soccer player of the Brazilian descent has been receiving since April 2011.

According to the final ruling, Da Silva's debt towards Mamic rose to eight million kuna.

Last year, the municipal court's judge Jasenka Juric Sojat described as usurious the part of the contract under which Zdravko Mamic and Da Silva's former manager Helio Augusto each had the right to 25% of income from marketing, salaries, rewards, premiums and other incomes Da Silva was to receive until the end of his career. She refused the argument by Mamics' attorneys that these were civil contracts which the parties entered into of their own free will, noting that Da Silva arrived in Croatia at the age of 16 and that he signed his first two contracts when he was 18. "One should take into account the fact that as a young man with a poor knowledge of Croatian and without Croatian citizenship, Da Silva was illiterate in terms of law," the judge said last year.

However, the County Court does not find anything contentious in the fact that Da Silva had a poor knowledge of the Croatian and had just turned 18 when he concluded the contracts.

Da Silva's lawyer Ivica Crnic has announced further proceedings in which he will ask the Supreme Court to review the County Court verdict.

The lawyer believes that the county court applied laws and evidence selectively to the advantage of Mamic, according to Crnic's statement to the Vecernji List daily.

Last update: Thu, 24/12/2015 - 00:30
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