Contract law. Gaming and betting agreements (most important)

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Contract law. Gaming and betting agreements (most important)

Lecture notes, cheat sheets

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72. AGREEMENTS ON GAMES AND BETS

Legal regulation of relations related to games and betting is carried out by the Civil Code of the Russian Federation, the Law of November 11, 2003 “On Lotteries”, and the Decree of the Government of the Russian Federation dated July 5, 2004 “On measures to implement the Federal Law “On Lotteries”. Article 1063 of the Civil Code of the Russian Federation establishes that the relations provided for therein are “based on an agreement.”

Games Treaty - an agreement by virtue of which the organizers promise one of the participants to receive a certain win, depending, on the one hand, on chance, and on the other hand, on skill, dexterity, skill, and abilities of the participants in the game. In the game, participants have the opportunity to influence its results.

betting agreement - an agreement in which one of the parties asserts and the other denies the existence of a certain circumstance. The circumstance itself occurs independently of them: the parties only state its occurrence.

The Games and Betting Agreement is:

a) real - is considered concluded from the moment when the players made bets and formed the prize fund;

b) consensual - is considered concluded if the bet is made in the form of a promise to pay a reward in case of loss;

c) compensated - in the case when the prize fund is formed at the expense of players' bets;

d) gratuitous - in order to receive a prize, it is necessary to perform an action that is not related to a property investment;

e) equivalent - the winnings are proportional to the bet made.

Parties to the contract - players. A feature of the subject composition of agreements on games and bets is that a participant in games and bets who does not act on either side is the organizer of games and bets.

subject of a contract - any property not withdrawn from civil circulation. The form of the contract - oral, written. Claims of citizens and legal entities related to the organization of games and betting or participation in them, not subject to judicial protection.

However, other obligations indirectly related to gaming and betting agreements (loan agreement of the loser with another person), as well as those specified in clause 5 of Art. 1063 of the Civil Code of the Russian Federation are not subject to this provision and are protected in the general manner. A winning participant in games (bet) organized in the cases provided for in Article 1063 of the Civil Code of the Russian Federation has the right to submit in court a demand addressed to the organizer who has not fulfilled his obligations under the relevant agreement to pay the winnings, as well as to compensate for losses caused by the violation of the agreement by the organizer of the games (bet). .

Types of allowed casino games:

1) games with a croupier;

2) circular games;

3) games on slot machines.

Author: Rezepova V.E.

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