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As a corollary of the above, our opinion is that the gaming and betting are contracts falling within the species of aleatory contracts, but, as they are characterized by traits that individualize them in a very pronounced way within this species, they are well defined and original institutions both from a purely legal point of view and in terms of their social component.
The aleatory contracts (that the former doctrine named gaming and betting (1)) are the contracts of onerous title, wherein the limits and even the existence of the obligation for one of the parties, or for both is not known at the moment of the contract conclusion because it depends upon an uncertain and future event, in this case the uncertainty being referred to the fulfillment or failure of the event (condition) or to the moment of fulfillment only (uncertain term).
One can easily notice that the aleatory element is essential and distinctive for aleatory contracts, compared to the commutative ones.
The odds of winning or loss in aleatory contracts must be considered at the conclusion of the contract so that the parties conclude knowingly the contract.
As for the aleatory contracts, in general, the evident disproportion between the benefits of the parties is a possible consequence of the aleatory nature of the contracts.