Research On Historical Evolution And Legality Of Aleatory Contract

Aleatory contract and aleatory behavior always due to its speculative propertywhile hovering on the edge of the law. This paper clarifies the basic meaning of thisaleatory contract in our civil legislation which has not been clearly establishedconcept, highlighting the chances and speculation subjective factors such parties itcontains. On this basis, the paper on gambling, lotteries, insurance, lottery sales,financial derivatives, such as more representative of the aleatory contract to carry outa specific interpretation of categories, especially clear their position in China andamong the current legislation practice runs. Because different types of legalizationprocess aleatory contract in the history of the ups and downs that, therefore, thispaper attempts to examine the perspective of institutional history of ancient andmodern history in the development process of aleatory contract, the paper select anddescribe in some detail of ownership a long history of gambling, insurance andHistorical Evolution of the lottery industry and its relationship with the law, and thushow its legal regulation and discuss its legality to find the history of the systemaccording to the present. On the basis of the interpretation of the history of thesystem, the paper aleatory contract reason is different from other types of contractson a detailed analysis of its features that are typical features of aleatory nature andessence of property aleatory contract, paid the equivalent of the aleatory contract hasspecific essence, zero and negative zero-sum game and even sex is conducted fromthe perspective of institutional economics to explain why its always walk on theedge of the law, and strict legality is aleatory contract can be found on the basis oflegal basis. Legality aleatory contract aleatory contract is mainly reflected in theform of legitimacy, legality and legitimacy as well as the purpose of aleatorycontract aleatory contract must be strictly observed the principles of public order andgood morals civil law. Legality should be said that the most critical issue aleatorycontract, statute level is discussed constantly, so the last part of this article on to theemerging aleatory contract type-sports betting, for example, from sports betting legal regulation and personal the relationship of freedom to reflect jurisprudence,mainly from the regulation means everyone freedom coexist under the principle ofnegative liberty safeguards regulation means principles and sports betting, regulationmeans welfare intervention principles and sports betting, positive liberty safeguardssport under the principle of Betting regulation means to discuss the four angles thatthe legality of the aleatory contract is essentially a state law in the face of civilliberties attitude.