The Notion and Fundamental Characteristics of Aleatory Contracts
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.
Legally, the game and the bet are defined as aleatory contracts in which the parties mutually agree to pay an amount or other thing to the winner, subject to the fulfillment or failure of an event which gives rise to opportunities for gain or loss for both or all contracting parties.
Under these conditions, the conclusion was imposed according to which the so-called self-help games of humanitarian aid did equal neither the mutual aid activities, nor the humanitarian ones, falling into the category of aleatory contracts governed by the 1864Civil Code, under the name of "game and wager.
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.