Study On The Legal Effect Of The Gambling Agreement And The Terms Of The Agreement

Gambling agreementwas originated from the English Valuation Adjustment Mechanism(VAM).As an investment method,it has been widely used in the field of private equity investment.With the continuous innovation of China's financial system and the gradual upgrading of the investment market,private equity investment funds are becoming more and more active,and more and more gambling agreements are used in the investment market.Compared with the active use of gambling agreements in the capital market,the legislation,judiciary,and supervision of our country were relatively fell behind and needed to be further improved.In recent years,there have been frequent cases of gambling agreements in the field of practice.The important issue,common concerned by all sectors of society,was that how to determine the legal effect and provisions of the gambling agreement.The legal effects of the ggambling agreementwere introduced in this paper as four parts.Part I: Firstly,the case review of "Haifu Case" is taken as the entry point.The "Haifu Case" was went through the First Trial Court,the Second Trial Court and the Supreme People's Court,The judgment points and judgment basis as for this case are introduced in detail,especially the The judgment points and judgment of the Supreme People's Court in judicial practice is explained.Secondly,according to this typical case,the question about the nature of the gambling agreement,the effectiveness of the gambling agreement,and the effectiveness of the specific terms of the ggambling agreementwas raised.Part II: The essential nature of the ggambling agreementwas researched in this paper.there is no unified understanding of the nature of the ggambling agreementin the theoretical circle,so the existing academic theory about the nature of the gambling was analyzed in detail,after compared the ggambling agreementwith the shooting contract,guarantee contract,and loan contract.There were differences between the ggambling agreementand these contracts,in this paper concluded that the ggambling agreementwas an atypical contract.Part III: the overall effectiveness of the ggambling agreementwere researched in this paper.Through the description of the positive and negative aspects about the gambling agreement,and studied about the ggambling agreementon the principle of contractual freedom of commercial law,the principle of honesty and credit,the principle of fairness and equal pay,and the principle of non-compliance with the mandatory provisions of the law,and given that the effectiveness of the ggambling agreementas a whole.Part IV: According to the statement of the effectiveness of the specific clauses in the gambling agreement,The specific terms that cause the infringement can be considered as valid terms if the ggambling agreementis under the premise of fully respecting the party's autonomy and promoting commercial behavior,as long as there is no violation of the principle of good faith,legal compulsory provisions,social public order and good customs,there was no public interest.An improve the specific terms of the ggambling agreementfrom the main body,the object,and the scope was proposed in this paper on this basis.