The Research On The Legislation Of Aleatory Contract In China

The aleatory contract is a special contract taking uncertain item as the contract object.It's contingent, so people generally regard it as the improper one. But in ancient period, Rome law had record it, and most modern civil law expressly provide it. And in actual life, with the constantly developing of economy, new kind aleatory contracts emerge in a large amount, one seat should be a natural thing that it is obtained legally.This text divides into chapter five altogether, has carried on research to the legislation of the aleatory contract in our country. In the chapter one, have proceed with concept of the aleatory contract, probed into the etymology of the aleatory contract and regulation to its concept in most civil law, propose the understanding of its concept; The basic legal characteristic of this contract has been analyzed, the summary to the kind of the aleatory contract has been carried on subsequently. In the chapter two, have combed the development of the aleatory contract. Have spoken of the classical narration in ancient Rome, classify and comb with the continental law system and common law system, among them take the Civil Code of France as the focal point, analysis the concrete clause of the aleatory contract in the Civil Code of France. In the chapter three, have probed into the legislation of the aleatory contract in our country,that the two civil law drafts in the latter stage of Qing Dynasty and the beginning of the Republic of China and the legal status of the innominate contract of the aleatory contract at present. Have analyzed the legislative situation of the aleatory contract in our country, and proposed the insufficient legislation of the aleatory contract in our country. In the chapter four, have carried on the discussion to the legislative value of the contract. Starting with three angles that the functions of aleatory contract, economic analysis of law and science of civil law, thus demonstrate the legitimacy and rationality of the aleatory contract in the modern life.In the chapter five, base on of our country national conditions, can propose our country draw lessons from continent law and Great Britain American and French regulation of department, set up code stipulating and legislative system of supplementary contract that combine together of single file law of a member of a nationality.