Research On The Legal Nature And Validity Of The Gambling Agreement

As a very important way of investment,gambling agreement has entered into the relevant fields of our country in recent years,and more and more are used.However,at this time,there is no relevant law to regulate it.However,the current situation of China’s investment field is that the development of the investment market is not mature,and there is a great controversy on the gambling agreement.There is great research value in the field of law.The gambling agreement is the core part of the investment agreement.It is the calculation method and guarantee mechanism for the investor to measure the enterprise value.The root of the gambling agreement lies in the uncertainty of the enterprise’s future profitability,and its purpose is to realize the rationality and fairness of the investment transaction as far as possible.It is not only the protection umbrella of investors’ interests,but also a certain incentive role for financing parties.Therefore,the bet agreement is actually a financial tool,an adjustment of enterprise valuation,and a value evaluation method with additional conditions.As a very important way of investment,gambling agreement has entered into the relevant fields of our country in recent years,and more and more are used.However,at this time,there is no relevant law to regulate it.At present,China’s investment market is not mature.There is great research value in the field of law.The release of the “minutes of nine people” changed the judgment idea that the investor and the target company of the case of Haifu were of course invalid in gambling,realized the separation between the effectiveness of the contract and the performance of the contract,and unified the legal and effective identification standard of the “gambling agreement”to a certain extent,which has positive significance for solving the financing difficulties of the company in practice.Based on the judgment results of “Haifu case” and “Hanlin case” and the judgment rules made by the Supreme People’s court as well as thepromulgation of “nine minutes of the People’s Republic of China”,this paper introduces the concept of gambling agreement,the nature,characteristics,disputes and legal effect of gambling agreement,so as to improve the judgment rules of gambling agreement cases.