Tie Peculiarities of Risk in Aleatory Contracts

摘要

The contract risk is one of the specific effects of the bilateral contracts, beside the exception of noncompliance of the contract and its resolution/cancellation. Both the lege lata, and in the light of the new Civil Code, in the area of the main aleatory contracts (the insurance contract, the maintenance contract, the perpetuity contract, the gambling and wager contract), the risk has some peculiarities, which we intend to point out in this work. The essence of this category of contracts is the chance of gain or the risk of loss for both contacting parties.