武汉中院民庭提供的《这起“奖券”纠纷应如何处理》一文,提出了我国法学界和司法界都尚未解决的一个新问题:有奖活动的法律调整。为有利于此类问题的妥善解决,笔者拟结合本案例,略陈管见,以求教于诸位同仁。 需要从理论上把握的两个双重属性 一是合同双重属性。从民法理论上讲,作为体育比赛的举办方(卖票者)和观赏方(买票者)双方合意,便是体育票券这种格式合同。这种合意的书面形式不象普通 The article entitled “What should be dealt with in this” lottery provided by the court in Wuhan Intermediate People's Court presents a new unresolved problem in the legal and judicial circles of our country: the legal adjustment of the prize-winning activities. In order to facilitate the proper settlement of such issues, the author intends to combine this case, slightly Chen Guan see, in order to ask for advice in my colleagues. The two double attributes that need to be grasped in theory are the double attributes of the contract. From the perspective of civil law theory, as the organizers (ticket sellers) and watch parties (ticket buyers) of the sports competition, both parties agree that this form of sports ticket contracts. This desirable written form is not ordinary