What are the components and characteristics of a shooting contract?

"She Xing" means "lucky", which means trying one's luck. It refers to a contract in which whether one of the parties performs its obligations depends on the occurrence of accidental events. The effect of such a contract is that it is entered into with uncertainty. An insurance contract is a typical type of insurance contract. During the validity period of the contract, if the insured subject is damaged, the amount of compensation the insured receives from the insurer may far exceed the insurance premium paid. On the contrary, if there is no If a loss occurs, the insured can only pay premiums without any income.

The shooting contract is a bilateral contract, that is, the contracting parties have the obligation to pay each other. The subject matter of the contract does not actually exist when the contract is concluded; all that exists is the contingency of obtaining the subject matter.

Article 124 of my country's "Contract Law" stipulates: "For contracts that are not expressly provided for in the sub-provisions of this law or other laws, the provisions of the general provisions of this law shall apply, and may refer to The most similar provisions of this law or other laws." The shooting contract is an anonymous contract in our country's law, and the lack of typical and specific legal regulations on anonymous contracts can easily lead to confusion in the application of the law. In terms of separate laws, the only type of insurance contract that is legally regulated in our country is insurance contract. However, in real life, many types of insurance contracts often come into contact with people's lives. Such as futures sales contracts, lottery or lottery contracts, prize sales contracts and current popular financial derivatives contracts such as financial futures, financial options, forward foreign exchange sales, stock index trading and other contracts.

The constituent elements of a shooting contract are:

1. The parties to the shooting contract. 2. Subject of the contract. 3. The true intentions of both parties regarding the establishment of a shooting contract. As long as these conditions are met, the shooting contract is established. The requirement for a contract to be effective is the fulfillment of the conditions agreed between the parties to the contract.

Article 7 of the "General Principles of the Civil Law" "Civil activities shall respect social morality and shall not harm public interests, undermine national economic plans, or disrupt social and economic order", Article 58 Article "Civil legal acts that violate the law or social public interests are invalid." This is the principle of public order and good customs in civil law. Respecting public order and good customs is the moral standard for people's behavior. Because it can make up for the limitations of the law and conform to the value goals of legal justice norms, it is often established in the civil laws of various countries and has legal normative significance. Any civil legal act must not violate public order and good customs, otherwise the law will give a negative evaluation. Our country has no express provisions on many shooting contracts. As long as the shooting contract does not violate public order and good customs, it can obtain legal legitimacy.

Characteristics of the project contract

(1) The realization of the benefits of the project contract is possible

The subject matter of the transaction involved in the contract does not actually exist when the contract is concluded. All that exists is the possibility of obtaining the subject matter, that is, the hope of obtaining the subject matter. Roman jurists correctly called the buying and selling activities associated with the shooting contract "hope" (emptiospei). That is, what one party gets by paying a certain price is only an opportunity or a hope. If there is a prize sales event, the buyer spends money to buy a product and also buys back a chance to win a prize. Whether or not he wins the prize depends on the number of the lottery ticket.

(2) The shooting contract takes effect immediately

Different from various types of contracts with conditions, the shooting contract takes effect immediately The contract takes effect immediately. The effectiveness of employment contracts, contract contracts, sales contracts, etc. depends on whether the contract conditions are fulfilled or not. Therefore, the parties to a contract may not request to regret or cancel the contract due to the non-appearance or loss of the subject matter of the transaction.

(3) The risk imbalance between the parties to the shooting contract

The buying and selling activities related to the shooting contract, It's an uncertain business. It requires the buyer to pay a price, even if any expectations have not materialized, and its trading principle is established. The risk of a forfeiture contract may be that the trader does not have the right to claim relief against the repossession. For example, if the acquired item is repossessed due to a defect in title, in a normal transaction, the buyer can seek redress from the seller after being repossessed. The buyer files a lawsuit and demands compensation from the seller, but in the shooting contract, the buyer does not have this right when faced with repossession.

(4) The shooting contract requires strict legality and maximum integrity

The shooting contract has Due to the characteristics of chance and contingency, the parties to a shooting contract are prone to make mutual agreements that violate public order and good customs. Therefore, any country that recognizes a shooting contract will strictly supervise it. In this sense, a shooting contract has more characteristics than other contracts. For strict legality, it must be concluded and performed strictly in accordance with the law; at the same time, in order to prevent the parties from committing treacherous and dishonest acts based on luck, the requirements for the integrity of both parties are much higher than those for other civil activities. For example, an insurance contract requires the parties to abide by the contract with the utmost integrity. This is also out of the need to stabilize social order and enforce fair laws.

(5) The principle of compensation for equal value does not apply to shooting contracts

Civil contracts generally implement the principle of compensation for equal value. The shooting contract seems to be contrary to the principle of equal compensation. One party to the contract may receive huge benefits from paying the price, or may receive nothing at all. For example, a lottery ticket buyer may win a prize or walk away empty-handed. However, the proceeds from the sale of lottery tickets by the selling unit are generally equivalent to the bonuses that buyers must pay when they win the lottery, and there will be no huge profits. Although the issuer can deduct commissions or service fees from it, it will not make him rich. Some social welfare lottery tickets and sports lottery tickets have low winning rates and low return rates, which are for the specific purpose of public welfare or charity, so it is impossible for buyers to obtain the benefits of equivalent exchange.