Timeshare Contract Law Study

Timesharing, as a new way of tourist consumptions , originated from the Alps area of France. It spread quickly later in Europe, and got a faster development in the United States. Currently, timsharing has already became a range of recreational holidays which has been the rage all over the world , mainly taking the European mode and the American mode as a representative in its business model. Timesharing has been spread into China in recent years and gradually developed into two types: one is buying ownership rights, the other is buying right of use.Timesharing, as a comprehensive tourist product, embodies some law problems. The problems of timesharing mainly reviews from two angles of the theories and actual situation. In theories part, I discuss the law problems including the conception of timesharing, the character of the ownership rights kind of timsharing and the timesharing of leasehold, the character and the rights and obligations of the contract of timesharing, and whether our country needs to make the law of the contract of timesharing. Ownership rights kind of timesharing can be supposed as time-limited or term -limited ownership rights, which is a development and improvement of the theory of traditional ones. The timesharing of leasehold possesses the legal characteristics of dominion, usufruct, independency and possession, which is regarded as an independent right of usfructs. The timesharing contract is a non-typical contarct, in which four parties take part and there are multilateral and organicrelationships. Because the timesharing contract is participated by many parties, has the characteristics of the assorted contracts, and fords the relations to be extremely complex, the auther studies the contract foundational legal relationship between timesharing industryoperator and consumer, and takes it as the inspection basicpoint, and carries on the explanation in passing to other legal relationships in order to concentrates on the main pointseffect. At the same time, the author introduces the timesharing stipulation including US, European Union and other areas and referres to these unique systems to evaluate Taida Timesharing contract.From the realistic angle, because until now profession competent department doesn't have the management standard to supervise, the country has not stipulated necessary related legal laws and regulations restraint, so it leads to many time sharing suits. By now the majority of domestic timesharing sale (proxy) companies are suspected as the false propaganda, the ultra scope management, the overlord provision when they sell timesharing product.As consumer, because he is short of legal knowledge, many important rights and interests and opposite party pledge have not been carried in the contract or the supplement contract, and the consumer lacks the evidenceabout scene false pledge, so it is very difficult for them to protect his rights. There are many lawsuit in which sentences the consumer to lose a lawsuit. Therefore it is urgent for concerned department to standardtimesharing.The author designs to protect the consumers' legal rights from the timesharing basic principle, the applicable scope, the establishment management business intelligence condition, the seller duty and consumer's right and helps the consumer realize the desire of an investment, the tour world.