Research On The Legislation Of Timeshare Service

Deriving from 1960s, in Europe, timeshare greatly developed all around the world but faced a serious of problems in China since 1990s when it was first introduced in. Among various reasons which are responsible for such a situation, failure of defining the nature of ownership interest of timeshare is the root of it. There's not even a relative legal provision, let alone a clear definition of the ownership interest, which results in the sprouting of breaches of contract and disputes on the rights. Another cause for timeshare's frustration in China is lack of effective supervision which virtually leads to the increase of fraud and illegal fund-raising and thus trespass consumers'legitimate rights as well as block the development of new things.This essay consists of three parts, with 16,000 words, analyses the products of timeshare, and gives a clear definition of the nature of ownership interest, on the basis of which comes up with several legal advice on how to regulate it well so as to protect consumers'lawful rights. The author here is with a sincere hope that this essay is somewhat of help to the researches in this field.Part 1 focuses on the reality-base and relative concepts of timeshare. After a brief introduction of timeshare's origin and its developing courses in China, the author elaborates and analyses the problems it was confronted with. This is the basic part of this essay.Part 2 focuses on the legal basis of timeshare. It discusses about the legal character of timeshare's products and divides them into two types—right of ownership and right of use– on the basis of the nature of ownership interest, and make a contrast between these two different types. The author holds the idea that the application of property law should appropriately adjust to the needs of the modern society without fundamentally violating the numerus clauses.Part 3, the most important part of essay, focuses on the legal advice to timeshare in China. In this part three basic principles that regulation of timeshare should stick to are raised. As analysis has been made in previous parts, here the author gives some specific advice on timeshare regulation aiming at protecting consumers'legitimate rights. Here are some examples: the setup of market admittance and market exit, completing the registration as well as the supervision of relative orgnization.