摘要
现代社会购买彩票的人越来越多,彩票纠纷也日益增多,他人代为购买彩票引起的纠纷尤甚.对于其中的法律关系,学者之间意见相左,实务更为繁复.学界对代买彩票的基础关系存在无偿委托合同和好意施惠关两种见解.代买彩票应属于无偿委托合同,并基于此分析相关人的权利义务关系.根据彩票的购买和中奖状态把代买彩票分为四种情形,论述了委托人与受托人的证明责任、违约责任的成立、范围、限制等,以及代买彩票出现的各种情况.
People who buy lottery now is more and more popular, meanwhile the dispute on lottery is increasing gradually especially in buying as an agent in others. To legal relation among them, cannot see eye to eye between the scholar and the practice is sure to be complicated. The thesis thinks that agency purchase for lottery belongs to unpaid trust contract and owing to that,this thesis analyses the right and duty of relevance people detailedly. According to the state of purchase and winning prize, this thesis divides the agency purchase into four circumstances and discusses testifying liability between the truster and trustee, the establishment, range, restricting of obligation liability for breach and 80 on.
出处
《红河学院学报》
2007年第2期54-56,76,共4页
Journal of Honghe University
关键词
代买
彩票
无偿委托合同
agency purchase
lottery ticket
unpaid trust contract
