Analysis Of The Residence Right Model Of Time-sharing Housin

Time-sharing is a new business model of housing development,which combines time division with housing exchange,and it mixes the characteristics of real estate,tourism and service industries.The time-sharing system of houses has developed more mature in Europe and America,which has solved the problems of economic downturn in real estate industry and high vacancy rate of houses,and has perfect legislation to regulate it.However,after the time-sharing system of houses was introduced into China,the phenomenon of acclimatization appeared.In the time-sharing market of houses,developers often cheat consumers and illegally raise funds,which seriously infringe on the legitimate rights and interests of consumers.The fundamental reason is that at present,China can’t make a clear and appropriate definition of the time-sharing system of houses,and the vague definition of the time-sharing right of houses leads to the fact that the legislation of the time-sharing right of houses in China is still in a blank state,so the application of law in judicial practice is rather confusing.At present,there are mainly ownership theory,creditor’s right theory,trust theory and usufructuary right theory in the academic circles of our country,and in judicial practice,the right of time-sharing of houses is mostly characterized as creditor’s right to protect it.However,the protection effect of creditor’s rights on rights is obviously weaker than that of property rights,which is not conducive to protecting the legitimate rights and interests of people at that time,and all the attributes of the right of time-sharing of houses are more consistent with the attributes of property rights,so it is more reasonable to characterize the right of time-sharing of houses as property rights.China’s legal system is inherited from civil law countries,and the statutory principle of real right is the basic principle of China’s real right system.If we want to recognize the right of time-sharing of houses as real right,we need to find a suitable real right to recognize it.This paper holds that the investment residence right,as a usufructuary right of real estate with possession,use and income,can be determined as the ownership mode of house time-sharing,which can solve the problem of vague nature of house time-sharing and guide the application of law in judicial practice.This paper is divided into four parts.The first part introduces the problems existing in the time-sharing system of houses in China.The second part introduces all kinds of theoretical differences on the nature of time-sharing ownership of houses in theoretical circles and puts forward their own views;The third part introduces the theoretical nature of the time-sharing right of the house,analyzes the advantages and disadvantages of the property right and the property right,and further analyzes the relationship between the usufructuary right and the system after determining that the property right is more suitable for the time-sharing right of the house,and finally determines that the time-sharing right of the house is defined as the right of residence.The fourth part introduces the challenge to China’s real right theory and the influence on the housing right system after the time-sharing use of houses is determined as the right of residence.In my opinion,it is also reasonable to define the nature of time-sharing right of houses as the right of residence,which is in line with China’s current national conditions.Therefore,it is suggested to build a housing time-sharing system with residence right mode,further improve relevant legislation and supporting measures,and realize the orderly development of housing time-sharing industry.