The Study On The Legislation Of Aleatory Contract

Aleatory contract is a risk agreement between parties which contains uncertain payment. Aleatory as the main feature, it has obvious difference from jitsusada contracts. With its varieties, aleatory contract is applied into numerous occasions. However it is confronted with absence of legal legislation and weakness in theoretical study. Up till now, there isn't a clear definition, category, feature on aleatory contract, nor its legal legislation. This paper aims to analyse fields mentioned above based on research existed, come up with the author's own opinion and propose related legal advice.In the introduction part, there first comes the present research of aleatory contract, and then case analysis, which aims to point out the necessity and urgency of aleatory contract study. The first part talks about theoretical issues, including definition of aleatory contract based on study of historical cases, analysis of legislation and scholars'opinions; general properties of aleatory contract based on author's summarized analysis; the conclusion that aleatory is the criterion of aleatory contract. After comparison with conditional contracts and unilateral promises, in the second part, the author aims to find the essential difference of aleatory contract from other contracts and summarize its features. The third part would focus on aleatory contract's internal classification. After analysis of legal attitudes towards different kinds of aleatory contract, the author comes up with his own classification of aleatory contract. In the fourth part, this paper demonstrates the legitimacy of most aleatory contracts, and puts forward the author's evaluation criteria, based on which the author then evaluates wagering contracts. In the last part, the author gives legal advice on aleatory contracts from the perspective of legislative system and boundary of legitimacy.