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Insurance policies are aleatory contracts because an insured can pay premiums for many years without sustaining a covered loss.
The Civil Code of 1864 devoted three articles to the contract of gaming and betting in the Title 13 About aleatory contracts, Chapter I About aleatory contracts in general, according to which: "The law gives no action to pay a debt in the game or wager" (Article 1636); "The games that contribute to physical exercises are exempted, as follows: weapons, races on foot, horseback or by cart and the bike.
On the contrary, the Romanian doctrine allows for the application of unforeseeability in aleatory contracts by removing the speculative ones (Zams.
If damages based upon a theory of probability is a sound approach for aleatory contracts, why is it unsound as to other contracts?
The Notion and Fundamental Characteristics of Aleatory Contracts