lottery

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Lottery wheel

The lottery is a contract , which after a certain Schedule against a fixed use with the views of certain cash or non-cash prizes hosted a gambling has and to content whose output on the random based.

General

Lotteries and draws are games of chance in which win and loss are decided by chance. The coincidence is usually that profit or loss depends on a lottery procedure . While the prospect of a monetary win is promised in the lottery , in the case of raffles the profit consists of things (e.g. in the raffle or in the distribution of goods in restaurants by drawing lots). Lotteries include football pools , profit savings , the lottery or sports betting (such as racing bets ). In racing bets, chance consists in crossing the finish line and winning . With the purchase of tickets as participation certificates in a lottery procedure, the stake of the player becomes due.

history

Roman law already recognized a need for regulation in games . In Roman antiquity there were criminal bans on gambling, only in the Saturnalia was dice games allowed for money, where the saying “the dice has been thrown” ( Latin alea iacta est ) originated. The Corpus iuris civilis of Justinian I from 534 also contained a ban on gambling. Only a few fighting games with low stakes were allowed, namely games for exercise for military service through physical strength and dexterity and sports games ( Latin quod virtutis causa fiat , "for the sake of honor"). Their outcome did not depend on luck , but on the skill of the players.

Prussian class lottery - drawing (1880)
City Lottery Berlin - Draw (May 1947)

The origin of the word lottery is uncertain. The word for game of chance ( Dutch loterij , from Dutch lot , "Los") came into use in the Netherlands in the first quarter of the 16th century. It is probably due to the Old High German “lóz” as the “portion of land allocated by lot”. In 1513/1518 Christophe de Lengeuil spoke in a Latin letter of the "Loteria", the model for France ( French loterie ) and England ( English lottery ). The word lotto is derived from the lot ( Italian lotto ).

Utrecht approved its first patent in August 1444 for a lottery that spread to Flanders; In April 1449, Amsterdam allowed a lottery for the expansion of the Oude Kerk . Between 1502 and 1510, the inmates of the Reuerinnenkloster St. Maria Magdalena Konvent Bethlehem were allowed to tie "occasionally the lottery" pieces of paper on Cologne's Eigelstein in return for payment. Kaspar Klock reported in 1651 that the first goods lottery in Germany was handed down in Osnabrück in 1521. The purpose of the lottery was to sell goods that were difficult or impossible to sell at a favorable price in this way. Italy's first lottery took place in 1530.

In France, books with predominantly blank white pages ( French blanques ), which also contained pages with winnings, were used for drawing lots . Anyone who opened a white page had drawn a rivet. Francis I approved the first lottery of this kind in 1539. The financing of charitable or charitable purposes through lotteries was used in the Netherlands in 1549 to build a church tower in Amsterdam and in 1561 to expand an orphanage there. Between January and May 1569, a lottery was held in London to finance a water pipe. The first German lottery was obviously held in Hamburg in 1653, based on the Dutch model. In 1699 the first class lottery appeared in Nuremberg and in Berlin in 1740. On November 13, 1751, Maria Theresa approved the first Austrian lottery under the name “Lotto di Genova” . On Giacomo Casanova , the foundation of the French state lottery is due (System 5 out of 90), which was approved by state by decree of August 15, 1757th On June 15, 1770, Prince Karl Christian forbade his subjects to gamble ("hazard game").

The General Prussian Land Law (APL) of June 1794 dealt with the lottery in great detail and for the first time provided for state approval (I, 11 § 547 APL), according to the publicly announced schedule of which the rights and obligations of the organizer were assessed (I, 11 § 548 APL). The lottery ticket represented the lottery contract between the organizer and the player (I, 11 § 554 APL), it was considered a bearer bond ( French billet au porteur ; I, 11 § 555 f. APL) and could only be issued against cash payment (I, 11 § 557 APL). As soon as the decision was made by drawing lots, the ownership of the prize passed to the winner (I, 11 § 573 APL). Gaming debts were not enforceable (I, 11 § 577 APL), but paid gaming debts could not be reclaimed (I, 11 § 578 APL). The ABGB , which came into force in Austria in January 1812, also deals with the lottery in detail; Alongside games and bets, the lot belonged to games of chance ( Section 1269 ABGB). In contrast, the BGB, which came into force in January 1900, only dedicates one paragraph to the lottery.

Legal issues

civil right

According to § 763 BGB , a lottery contract or a draw contract is only binding if the lottery or draw has been approved by the state. The state has a lottery monopoly , so that, in accordance with Section 287 (1) of the Criminal Code, every public lottery event or draw requires official approval . Lotteries and draws are only free of approval if the tickets are issued free of charge and without obligation or if the events are not public. Otherwise, it is a non- enforceable, imperfect liability according to § 762 BGB, which cannot be reclaimed if it has been fulfilled (“gambling debts are debts of honor”).

Under criminal law , lottery and draw are games of chance in the broader sense.

The lottery contract is concluded by purchasing the tickets and paying the purchase price (stake). The lottery contract is a contract in which the lottery organizer is legally obliged to an as yet unknown number of interested parties to grant the other contracting party a certain amount of money in accordance with a previously established schedule if an uncertain, essentially random event occurs , while the other party receives the Stake has to pay. For draws and lotteries it is necessary that the chances of winning essentially depend on chance.

Public law

The majority of gambling is based on public law , in particular the State Treaty on Gambling (GlüStV), the Racing Betting and Lottery Act (RennwLottG) and the Gaming Ordinance . According to Section 3 (3) GlüStV, a game of chance in which a large number of people are given the opportunity to get the chance to win money according to a certain plan for a certain fee is to be regarded as a lottery. Domestic public lotteries and draws are subject to a lottery tax . A lottery or draw is considered public in accordance with Section 17 (1) RennwLottG if the authority responsible for approval considers it to be subject to approval. The tax is 20% of the scheduled nominal value of all lots excluding the tax.

Differentiation between lottery and competition

The distinction between lottery and competition is not easy. The announcement is also rewarded with a prize, whereby a decision can also be made by the announcer by drawing lots. However, this lottery decision is a source of embarrassment because the advertised service was accidentally performed several times. In the lottery, the ticket is a core component because a multiple provision of the service must be expected from the outset. Price puzzles or competitions are then lottery when an application is paid and the mystery is so easy ( "sham mystery") that will decide the winner, the lot must. These include the radio and television lotteries with simple puzzle questions.

species

Numberless of the Theater an der Wien (1819)

A distinction is made between number lotteries , in which the number of correct digits of a multi-digit ticket number decides the win and its amount, e.g. B. the luck spiral or class lotteries , and number lotteries , in which the correct numbers must be typed, which are determined in a drawing such. B. the lottery . There are also special forms such as the geolottery , in which all participants in a z. B. win over the postcode randomly determined living area.

organization

The authorized lottery sells its tickets in public and sets a public drawing date up to which tickets can be purchased ( deadline ). Lottery tickets (or tickets for short) are mostly small bearer papers ( § 807 BGB) issued certificates of participation in a lottery, which certify the payment of the lottery stake. According to § 6 Abs. 1 GewO , the trade regulations (GewO) are not applicable to the sale of lottery tickets. They are linked to the condition precedent that the relevant ticket number is drawn in the drawing. The public drawing is the regulated procedure for determining the winners of a lottery ( drawing of the lottery numbers ). This happens, for example, with a lottery wheel or with drawing devices. After the drawing has ended, the winners will be determined and notified.

International

The Swiss Art. 515 OR understands the lottery only to mean the money lottery, while the goods lottery is a game. Since no claim can arise from games and wagers ( Art. 513 Para. 1 OR), a state permit (“authorization”) is required for the lottery in accordance with Art. 515 Para. 1 OR. If this is missing, there is no demand. Games of chance in an approved casino give rise to actionable claims ( Art. 515a OR).

In Austria , contract types such as wagering ( § 1270 ABGB), game ( § 1272 ABGB) and lot ( § 1273 ABGB) are dealt with. Here, too, a certain aleatoric element is granted to these contracts ( § 1267 ABGB: "Hope of an uncertain advantage"), since the sole purpose of wagering, games and tickets is to make profit and loss dependent on the outcome of an uncertain event and they thus contracts of luck in the narrow sense and the purpose in economic terms is to take a risk. The natural obligation is regulated in § 1271 ABGB.

In France , a law of May 21, 1836 generally prohibited all lotteries. Public lotteries ( French loteries publicitaires ) are now in Article L. 121-36 of the Consumer Code ( French Code de la Consommation ) as “promotional activities aimed at the allocation of a prize or a prize of any kind by drawing lots, regardless of the modalities, or on a target random element ", regulated.

The British Gambling Act 2005 knows eight permitted lotteries ( English lottery ) that either require a license from the Gambling Commission or have to be registered by an authority. The lottery requires a payment to participate, at least one prize must be promised, which must be won by chance. In the USA , according to 12 USCS § 25a, a lottery is a contract by which three or more participants commit to each other by prepayment of money in exchange for an expectation that at least one, but not all, of their prepayment will exceed their prepayment can be obtained. The expectation can be influenced by chance, game, race or competition ( Federal Lottery Law ).

See also

Web links

Commons : Lotteries  - collection of pictures, videos and audio files

Individual evidence

  1. ↑ Carl Creifelds , Creifelds legal dictionary , 2000, p. 849 f.
  2. ↑ Robert Fischer / Friedrich Kreft / Georg Kuhn / Karl Haager / Georg Scheffler (eds.), BGB-RGRK: Individual Obligations , Volume II, 1960, § 763 Note 4
  3. ^ Friedrich Endemann, Contributions to the history of the lottery and today's lottery rights , 1899, from p. 2
  4. ^ Martial, Epigrams. Complete edition: Latin-German , 2013, p. 1228
  5. ^ Digest 11, 5 de aleatoribus, Codex 3, 43
  6. ↑ Ursula Hermann, Knaurs etymological dictionary , 1982, p. 296
  7. ↑ Christophe de Lengeuil, Epistolae, Lib. III , 1513/1518, ep. 33
  8. ↑ Gerhard Köbler , Etymological Legal Dictionary , 1995, p. 256 f.
  9. ↑ Gerrit Adriaan Fokker, Geschiedenis der loterijen in de Nederlanden , 1862, p. 2 f.
  10. ↑ Gerrit Adriaan Fokker, Geschiedenis der loterijen in de Nederlanden , 1862, p. 15
  11. ↑ Carl August Lückerath / Günter Christ, Aequilibrium mediaevale: Symposium on the occasion of the 65th birthday of Carl August Lückerath , 2003, p. 48
  12. ↑ Kaspar Klock, Tractatus juridico-politico-polemico-historicus de aerario, sive censu per honesta media absque divexatione populi licite conficiendo , 1651, p. 118
  13. ↑ Gerrit Adriaan Fokker, Geschiedenis der loterijen in de Nederlanden , 1862, p. 2
  14. ^ Johann Heinrich Bender, Das Lotterierecht , 1841, p. 3
  15. ^ FA Brockhaus (ed.), General German Real Encyclopedia for the educated classes , Volume 9, 1846, p. 89
  16. ↑ Th. Schiefers Buchhandlung (Ed.), Complete Dream Book , in which every lottery fan can find their dreams in numbers and thus become happy , 1740, p
  17. ↑ Bjørn Thomassen, Liminality and the Modern , 2014, p. 163
  18. ^ Christian Friedrich Koch, General Land Law for the Prussian States , Volume 1, 1870, p. 720 f.
  19. ^ Fundraising Academy Frankfurt, Fundraising: Handbook for Basics, Strategies and Methods , 2006, p. 754
  20. ↑ Heinrich Wilhelm Laufhütte (ed.) / Christoph Krehl, Leipziger Comment StGB , Volume 10: §§ 284 to 305a, 2008, § 287 StGB margin no. 12
  21. ↑ RGZ 60, 379 , 381
  22. ↑ RGZ 60, 379, 381
  23. ↑ Alexander Elster, JR 1933, p. 214
  24. ↑ Robert Fischer / Friedrich Kreft / Georg Kuhn / Karl Haager / Georg Scheffler (eds.), BGB-RGRK: Individual Obligations , Volume II, 1960, § 763 Note 5
  25. ^ Alpmann Brockhaus, Fachlexikon Recht , 2005, p. 879
  26. ↑ Verlag Jakob Stämpfli & Cie. (Ed.), Treatises on Swiss Law , Issues 34–39, 1928, p. 80