Research On The Legal Effect Of Gambling Agreements

As a valuation adjustment mechanism,the gambling agreement is a method often used in the financing process of enterprises.During the financing process,the investors and the target company agree on the future operating performance as a condition,and determine whether the investors and the financiers exercise the agreed rights according to the agreed conditions.Because of the nature of certain risks and uncertainties,it is called a gambling agreement.In judicial practice,the dust of the "first case on gambling" that has gone through many trials has been settled,which has caused extensive discussions among many scholars.The main content of the discussion is the legal nature and legal effect of the gambling agreement.How should we define the gambling agreement? Will some of the terms in the gambling agreement violate the law? The discussion of the above issues is also the focus of this article.In addition to the introduction,this article is divided into three parts,and the above issues are discussed from the perspective of theory and practice.In the first part of the article,the main concepts of the gambling agreement are explained,and the connotation,types and characteristics of the gambling agreement are clearly defined.In this part,the nature of the gambling agreement is analyzed.The shooting contract and the conditional contract were discussed from the perspective of the contract,and it was proposed that the gambling agreement should be an anonymous contract.In the second part,the main research issues are the legal effect of the gambling agreement.This paper analyzes the validity of the equity buyback clause in the gambling agreement,whether it will break the principle of capital maintenance and the determination of the creditor's interest damage.In addition,this article cites two cases to explain how the dispute over the gambling agreement is handled in the current judicial practice,which also provides a certain reference value for theoretical analysis.The last part of the article is to improve the thinking on the validity of the gambling agreement,and propose solutions to the disputes over the validity of the gambling agreement.This article believes that the effectiveness of the gambling agreement should be determined more cautiously,and it cannot be denied across the board.The regulatory authorities need to relax the regulation of gambling agreements,so as to expand the financing channels of enterprises and further stimulate the development of market economy.