bet
A bet denotes a contract by which a win or a victory is agreed for the person whose claim is proven to be correct in order to confirm certain contradicting claims.
The frequent case is an assertion about the occurrence of a certain defined event or, taking objective or subjective information into account, “ to see in advance” the most likely possible case of the outcome without (mostly) actually knowing the outcome of the event. In the Federal Republic of Germany, gambling or racing bets, such as in equestrian sport, are not bets in the above form in the legal sense and are subject to the racing betting and lottery law .
Commitment
Bets can be made for honor (simply “being right”) or as a material incentive with the prospect of winning . Because the occurrence of success in betting and games is (largely) dependent on chance (so-called aleatoric component), the resulting obligations are only slightly legally binding.
Austria
In Austria , betting debts are dealt with in the General Civil Code (ABGB) in the section on luck contracts . Contract types such as bet ( § 1270 ABGB), game ( § 1272 ABGB) and lot ( § 1273 ABGB) are discussed here. Here, too, a certain aleatoric element ( § 1267 ABGB: "Hope of an uncertain advantage" ) is granted to these contracts , since the sole purpose of wagering, playing and drawing 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.
Germany
In Section 762, Paragraph 1, Sentence 1 of the German Civil Code , the legislature does not provide for any obligation to be based on gaming and betting. Therefore, betting debts do not have to be paid, which is why they are often called “debts of honor” in the vernacular, and from a legal point of view one speaks of a natural bond .
Concept history
The early term bet has its origin in the northern European language area and probably goes back to the word "widan" for "to bind". Terms such as “vadi, wadja, ved” or “wetti” are associated with the Middle Latin “vadium” or “vadiatio”. This derivation indicates a legal transaction through which a form of liability was established. The particular thing that the creditors here as security got was him if the debtor does not cashed again in time or not, expire or "wagered" (Old Norse: "vorvedja"). In contrast to the unilaterally taken pledge , the term bet initially stood for the (voluntarily) given security item, i.e. the use or replacement, which was also provided for “contracts with an uncertain outcome”. In the High and Late Middle Ages , however, the general term “pledge” also prevailed for this case. With the importance of the given or guaranteed stake to secure a contract, the game bet ( § 762 BGB) has survived into today's language and legal usage.
method
In the case of bets, the outcome must be known at the end of the period, i.e. that one of the possible results has actually occurred and only the previously determined possibilities can be the result. At least one option must be available to enable an alternative decision. A bet usually takes place between two or more players who then decide on the predicted outcome of the event and under the respective specific betting conditions, e.g. B. Split sports bet into the respective camp.
A wager can be a wagering requirement. The stake depends on your own willingness to take risks and the profit rate , it can be minimal, but it can also reach exorbitant financial heights. A sports bet is an example of a small bet and a hedge fund for enormous sums , which is more or less in the form of a bet, since hedge funds are betting on the development of the financial markets . If the presumed outcome of a z. If, for example, a derivative transaction or a victory is not achieved, the bet is lost.
Betting fraud
If the outcome of an event is known to one of the parties and a profit can be expected from a bet due to material interest, this is generally perceived as fraud and can be prosecuted. However, it is only a question of betting fraud if the betting candidate was manipulated, the outcome of the bet was known and the betting candidate was maliciously deceived with the intention of obtaining a financial advantage. Betting fraud can also take place when someone gains a general advantage without incurring criminal penalties, but can be viewed as morally reprehensible or cunning .
As a stylistic device
Bets can be made on the basis of honor (simple right) or as a material incentive with the prospect of winning . A bet can also be used in the event of a disagreement on the condition that the party whose assertion has been proven to be incorrect forfeits a certain item or sum of money and has to hand it over to the other party. A bet suggestion is sometimes used to reinforce one's own arguments as a rhetorical device, without having any loss from the outcome of the bet, except for not being right or, similar to Pascal's bet, to support an argument. These types of bets can be used in disputes about past events where both parties are sure they have the correct knowledge and want to emphasize this knowledge and its correctness with a bet.
In tradition and literature, bets - especially devil bets - are often the topic, like the one between the Lord and Mephisto in Goethe's Faust . Other famous bets are those between
- Don Alfonso on the one hand and Ferrando and Guglielmo on the other hand in Wolfgang Amadeus Mozart's opera Così fan tutte
- the Wanderer ( Wotan ) and Mime in Richard Wagner's Siegfried .
See also
Web links
Individual evidence
- ↑ a b Ernst Karner: Twenty-ninth main piece From the happiness contracts. Verlag Springer, Vienna 2005, ISBN 3-211-23827-1 . (Short comment on ABGB)