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Research On Timeshare Rights

Posted on:2011-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:L N SunFull Text:PDF
GTID:2166330338479517Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Timeshare is introduced into China as a type of entertainment and vacation. It causes debate between tourism scholars and economists, and it also brings a new subject in jurisprudential circle. Under the background that we are in the starting stage of researching on timeshare in law, it is the basis of further research that confirming the legal nature of timeshare rights. The characteristic of timeshare brings difficulties to distinguish its nature of right. This paper is written in order to solve the problem that how we should distinguish the nature of timeshare rights and how we should make choice between them in China. This paper is divided into four chapters.In the first chapter, the writer takes the meaning of timeshare as the breakthrough point, and reviews the mode of timeshare in other countries. Then the writer makes comparison and comments in the different modes of timeshare, and puts forward that we should make Chinese choice when timeshare is introduced. Through combining the law theory and legal system in China, this paper points out that our country should choose the modes of real right and claim about timeshare, and accordingly timeshare should be classified into two types: ownership timeshare and lease timeshare.The second chapter analyzes the nature of ownership timeshare's right, which is the difficulty of this paper. In this chapter, the writer commentates on domestic scholars'viewpoint about the nature of right at first, and then the writer raises the concept of"time division ownership"and analyzes its nature. At the same time, the writer points out time division ownership's influence to the traditional ownership theory as a new type of ownership.The third chapter starts with domestic scholars'opinions about the nature of lease timeshare's right, and raises the concept of"time division leasehold". In addition, the writer analyzes the reason that the concept of"right to use"is negated. At last, this chapter discusses the difference between ownership timeshare and lease timeshare.In the last chapter, the writer considers the problem how we should make Chinese choice about timeshare, which is the emphasis of this paper. After timeshare is introduced into our country, the problem urgently needs to be solved that what type of timeshare should exist in China. This paper points out that we should form the legal mode that ownership timeshare and lease timeshare exist simultaneously and we should defer to the buyers'choice. On the basis of it, this paper uses other countries'legislation for reference, and brings forward that our country should found the register system, the information exposure system, and the calm consideration system, which offers a compatible legal environment to the development of timeshare.
Keywords/Search Tags:timeshare, time division ownership, time division leasehold
PDF Full Text Request
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