Gaming and Wagering Contract as a Legal Loophole Cover Image

Уговор о игри и опклади као правна празнина
Gaming and Wagering Contract as a Legal Loophole

Author(s): Nebojša Jovanović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Contract;Gaming;Wagering;Betting;Legal loophole;Invalidity;
Summary/Abstract: In this paper the author points out that gaming and wagering contract became a legal loophole within the current laws of the former Yugoslav states. This contract was considered as very immoral one in the time of the socialist Yugoslavia and for that reason any gaming (for instance, gambling, card games) was being strictly prohibited and sanctioned, with the exception of the lottery which was organized by the state. Nowadays, however, not only the state (i.e. state enterprises), but also many private persons deal with gaming and wagering, earning big revenues in their business. While all states of former Yugoslavia have regulated gaming and wagering business by public law provisions, they have not done it by private law provisions in relation to the gaming and wagering contract. That is why the author discusses the possible methods of filling the legal loophole. He thinks that the most convenient method is application of rules of the civil codes, which were in force in Kingdom of Yugoslavia on the ground of legal continuance of the present states with the law of the former Republic and Kingdom of Yugoslavia.