A story from Austria
"Once upon a time in Austria in Klagenfurt am Wörthersee, because a kind lady tried to sell their huge 400 m² dream villa. But oh, the horror buyers were not willing to pay the estimated value of more than 800,000 €. Then was the friendly lady at all sad. But there was a fairy godmother in the shape of her daughter and therefore had the idea that had already borne fruit in the most remote Britain to hold a contest to the dream villa to get profitable to the people. Quick thought the conditions were so 9999 should be lots for the price of each 99, - € for the dream house will be offered. The draw was made at 05.05.2009. If not up to 05/05/2009 all the lots are sold, then the event would be handled safely for the friendly lady back. The lots should be paid, each with 80, - € to be paid back, 19, - € per lot would retain the queen as a fee for the effort. Great, because for the once unpopular object had been found after a short time Loskäufer 8000 and thus the estimated value was almost reached. Thus, both the friendly lady from Austria and the winner of the Villa rich and happy. And if they are not dead, they are still alive today. "
A brilliant idea?
uses an ingenious idea, the two sides, the lottery provider and the participants?
Of course the property owner reached such a price which is still above the estimated value of the object and the participants have a super chance of 1: 9999 to get the dream house. Those who regularly play Lotto knows that the odds as much are worse.
In Austria, no one has stepped in - the case appears to be legal, because it's a one time thing and the nice lady is not in commercial operation - a queasy feeling in the stomach remains.
Is this also possible in Germany?
If this tale of the dream house is also an ideal sales tool for German real estate owners. Could inspire so the tepid real estate market and would not allow income to property owners amazing ....?
can not take place in Germany this fairy tale. Rather, this story would even a real nightmare.
In Germany, the story is prevented by Penal Code § 284 et seq, and the State Treaty on gaming.
Rules § § 284 ff of the Criminal Code provide the operation and application of fee-based gambling and lotteries offense where no such authorization exists.
The treaty regulates gambling in principle, when receives a gambling or a lottery permission. The reaction is more accurate then in each case at the country level through implementing legislation. There is a state gaming monopoly! This means private individuals can generally hold no paid or games of chance. Permits may very strict conditions may be given if the achievement of a charitable purpose of the event is in the foreground, and the role of the net proceeds from the raffle for charitable purposes.
Why?
The state followed with its laws and the following in particular with the Treaty objectives: first
to prevent the occurrence of pathological gambling and betting addiction and to create the conditions for effective substance abuse, second
to limit the gambling services and to direct the natural playfulness of the population in an orderly and supervised paths, in particular a shift to not allow gambling to prevent third
the to ensure youth and player protection,
4th ensure that gambling activities are carried out properly, protecting the players against fraudulent practices and the associated gambling episode and accompanying crime was thwarted.
lottery / gambling or sweepstakes?
How about now the project of the lady from Austria to be classified in our country?
Could it be a competition?
is Legally, the contest provided in § 661 BGB. Lawyers to mean anything other than lay in a contest more of a tender at the highest level, that is the reward a prize for outstanding scientific, artistic or athletic performance. The emphasis is on performance. There must be a real power is required, which is then awarded. For example, the architectural competition in which the winning design will be awarded.
are to meet the conditions of any party, without further is, that no particular specific performance is required, a competition within the meaning of § 661 BGB, but rather a competition. Filling out and submitting a certificate of participants is not sufficient as a performance.
is also answering questions hahne Büchener no special allowance dar.
So the project could be a lottery or be a gamble?
is According to § 3 of the State Treaty on gaming before a game when in a game for the acquisition of a chance of winning a fee is required and the decision is not about winning for the playing conditions will depend crucially on the skills and knowledge of the player, but alone or mainly depends on chance. The decision to return will depend in each case of chance, if for the uncertainty of occurrence or outcome of future events is relevant.
Gambling is public, if there is a larger, non-contained group of people can attend or is to habitual gambling organized in associations or other private parties involved.
A lottery is a particular form of gambling in which a majority of people is given the possibility to obtain for a specific plan against a certain consideration has a chance of winning money. If other material benefits to be gained instead of money or property may be referred to as a playout. The main difference between simple game of chance is the fact that the lottery requires the existence of a list that is specified by the organizer on one side and after the parties have addressed. This Schedule governs the game in general and operating specifies the conditions of participation. This Schedule provides for the participation of the suspended earnings and profit determination. We recognize
measuring shaft, is this is a public lottery special kind, namely a lottery in the form of sabotage. should
The nightmare
A permit is not given for these playout, as no-profit purposes in the foreground for the draw are.
is raised, the project then but one of the Act applies Hammmer namely § 287 of the Criminal Code, the unlawful operation of a lottery or of sabotage is punishable by imprisonment up to two years or a fine. After the execution of laws one of the countries is irregular without permission and can expect fines of up to 500.000,00 €.
With the further questions whether the provision of the safe reversal in the playing conditions and in particular the retention of € 19.00 per lot immoral and therefore invalid, and what about the real estate transfer tax of 3.5% and the Umschreibekosten in notary and land registry whether this is calculated for the winner of the villa from only 99.00 €, you just go no more.
bad, right?
If you look from the perspective of the armies to contain the target gambling, probably not, because such lotteries are suitable for an increased potential for addiction to promote and so far from such ambitions without licked circles under their spell.
Kaiserslautern 12.12.2008 Eva Kreienberg, attorney
