摘要
彩票合同以国家政府特许为前提,具有正当性和合法性,区别于赌博合同。彩票合同的内容可通过解释彩票游戏规则加以确定。彩票合同的履行具有阶段性特点。彩票欺诈可以发生在彩票的发行、销售及开奖各个环节,履行阶段的欺诈不同于缔约阶段的欺诈,后者属于合同可撤销的事由,而前者属于违约。建议对彩票欺诈行为增设惩罚性赔偿责任。
Because of government license, lottery contract is with in the law and is different from gambling contract. The contents of a lottery contract can be interpreted from the rules of how to play. There are different phases on the performance of lottery contract. Deceit may occurred in the issuance of lottery, the sale of lottery and the stage to draw lottery in public and announce winner. Deceit occurred in performance of lottery contract is different with that occurred in the making of the contract. The latter is a cause of voidable contract, while the former is a kind of breach of contract. The paper suggests punitive damages for lottery deceit.
出处
《清华大学学报（哲学社会科学版）》
CSSCI
北大核心
2005年第3期28-36,共9页
Journal of Tsinghua University(Philosophy and Social Sciences)
关键词
彩票
彩票合同
睹博
欺诈
惩罚性赔偿
lottery
lottery contract
gambling
deceit
punitive damages
