The Legal Research Of Aleatory Contract

Aleatory contract refers to the legal effect of the contract when the contract was formed in the indeterminate state of a class of contracts in General. With the development of market economy, various new types of aleatory contract are, aleatory contracts more and more important role in people’s lives, follow is aleatory disputes increased. But China’s current civil legislation, none of the aleatory contract provides the related content, therefore, aleatory contracts in China belong to the category of innominate contracts, also known as atypical contracts. Due to shot fortunately contract belongs to nameless contract, so, its legal applies not like famous contract as,in occurred controversy Shi can according to legal of provides for processing, referee according to specific and clear, and only according to contract method General of principle provides for processing, this on led to shot fortunately contract of legal applies in practice in the exists is big of controversy, very easy produced co-defendants different sentenced of phenomenon, great of reduced has judicial of authoritative. Meanwhile, on the exercise of discretion of judge also put forward higher requirements. Paper from shot fortunately contract legal applies in the exists of problem started, to typical case of form leads shot fortunately contract applies process in the exists of problem, focus research shot fortunately contract of defines, and nature, and features and legal applies of basic rules, thus makes shot fortunately contract of legal applies in practice in the more has feasibility, to Yu solution practice in the increasingly more of shot fortunately contract disputes, better of makes judicial effect and social effect phase unified, thus improve judicial of authoritative. The structure of this document is divided into four parts, as follows:The first part, the typical introduction of aleatory contract cases, leads to aleatory major problems in the law applicable to contracts, on the current problems in China’s practice of aleatory contracts were analyzed.The second part introduces the basic theory of aleatory contracts, including: concept of aleatory contracts and legal nature, as well as the characteristics and types of aleatory contracts, clear definition of aleatory contract, properties and characteristics.To solve existing problems in aleatory contracts applicable law provides a theoretical basis.The third part, taking into account the nature of aleatory contract is aleatory, aleatory contracts system in our country has a clear legal regulations of current legislation in addition to the insurance contract, but to other legal regulation of aleatory contract is considered blank. Therefore, it is necessary to inspect the aleatory contract provisions,through a combination of national provisions on aleatory contracts for China’s countermeasures for reference to solve provide feasibility of aleatory contract disputes.The fourth part, the focus of this paper, aleatory contracts given to application specific solutions, so the aleatory contracts can better play its positive values,promoting the development of the market economy.