스포츠토토에 관한 계약법적 고찰

• 영문명: Contractual analysis on Sports TOTO
• 발행기관: 한국민사법학회
• 저자명: 이재경(Jaekyoung Lee)
• 간행물 정보: 『민사법학』제44호, 297~322쪽, 전체 26쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2009.03.31

영문 초록

Sports TOTO is lottery corporation that is one of the most profitable, money-making business in sports industry. It is very similar to state lottery business of US in its structure and mechanism. Therefore, contractual analysis on Sports TOTO has significance with that of US State lottery. In Us, a state lottery winner s entitlement to a prize is governed by principles of contract law, and participants in a state lottery are held to agree to the rules and regulations governing state lotteries. A state lottery winner s entitlement to a prize is governed by the principles of contract law. While, in some jurisdictions of US, commercial solicitations by the state lottery commission are deemed nothing more than invitations to wager, not offers to contract, generally, a purchaser of a state lottery ticket is deemed to accept a state lottery agency s public offer that the purchaser of a state lottery ticket has a chance of winning a prize according to the advertised rules and procedures of the lottery and to agree to the announced rules for determining prize winners. A participant is also deemed to be on notice that the pertinent state lottery rules and regulations are determinative of the prize awarded, and that representations contrary to those rules by a regional state agency office, or upon a betting slip, are not controlling. A participant in a state lottery has no cause of action against the state to recover gambling losses sustained from the purchase of tickets. A purchaser of a winning ticket may, however, obtain a refund of the price of the ticket where the independent contractor operating the lottery on behalf of the state refuses to honor the ticket because it was never validated. In addition, Rights of winner s creditors to prize money, right of store employee to unsold lottery ticket. necessity of physical possession of winning ticket, revocation of award and the clause of the lottery business should be reviewed with relevant case law and regulations.

목차

Ⅰ. 서론

Ⅱ. 스포츠토토의 유형

Ⅲ. 복표 당사자들의 권리와 의무

Ⅳ. 스포츠토토 약관에 대한 쟁점

Ⅴ. 결어

참고문헌

키워드

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