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Civil law. Part II. Conducting games and betting (the most important)

Lecture notes, cheat sheets

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99. HOLDING GAMES AND BETTING

Game - this is an obligation by virtue of which the organizers promise one of the participants to receive a certain winnings, depending, on the one hand, on chance, and on the other, on the dexterity, dexterity, skill and abilities of the participants in the games. In the game, participants have the opportunity to influence its outcome.

Bet is an obligation in which one party asserts and the other denies the existence of a certain circumstance. The circumstance itself occurs independently of them. The parties only note its onset.

Requirements of citizens and legal entities related to the organization of games and betting with participation in them, not subject to judicial protection (Article 1062 of the Civil Code), with the exception of the claims of persons who took part in games or bets under the influence of deceit, violence, threats or a malicious agreement between their representative and the organizer of games or bets.

Requirements related to participation in transactions that provide for the obligation of the parties to pay sums of money depending on changes in prices for goods, securities, inflation, etc., subject to judicial protection, if at least one of the parties to the transaction is a legal entity. the person who received the license and the transaction was concluded on the exchange.

Lotteries, sweepstakes and other games based on risk, conducted by the state, municipalities or on their behalf, have special regulations.

Lottery - a mass game, during which the lottery organizer conducts a drawing of the lottery prize pool among the lottery participants - owners of lottery tickets. At the same time, winning any lottery ticket does not depend on the will and actions of all subjects of lottery activity, is a matter of chance and cannot be specially arranged by anyone.

Tote - a game in which the participant makes a forecast (bet) on a possible variant of a gaming situation, where the winnings depend on the partial or complete coincidence of the forecast with the resulting consequences, documented by facts.

System (electronic) game - a game in which bets are fixed and participants’ forecasts are carried out using electronic devices.

Persons who, in accordance with the terms of the lottery, totalizator or other games, are recognized as winners, must be paid by the organizer of the games the winnings in the amount, form (in cash or in kind) provided for by the terms of the games, and if the term is not specified in these conditions, not later than ten days from the date of determining the results of the games. In case of non-fulfillment of these conditions by the organizer of games, the participant has the right to demand from the organizer of games the payment of winnings, as well as compensation for losses caused by violation of the contract by the organizer (clauses 4 and 5 of article 1063 of the Civil Code).

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