The Research Of Buyer's Right In Timeshare

Now, a brand-new tourist resorts in the world-wide consumption patterns has been developed rapidly, swept the world into a leisure and tourism resort, which is Timeshare. It first appeared in the 20th century to the mid-1960s the French Alps, after the rapid development in the world, has become a fashionable way of tourist resorts. The concept of Timeshare hotel didn't come into china until the mid and late 1990s. While most people are not very familiar, but its development is very fast. At present, many companies have already joined the international timeshare exchange companies. However, due to timeshare in the country is a relatively new system, although now developing fast, people still do not understand fully, and its lack of regulations to regulate the system makes the buyer's rights are often not duly protected. This paper mainly concerns, from the comparative methodology, combining national legislative practice, the right of Buyers of the Timeshare to the main line, its conduct in-depth and meticulous research concludes with a number of recommendations with a view to the buyer the right to be protected better.The full text consists of four parts:The first part mainly deals with the definition of the right of the buyer. The right of the buyer is preliminarily defined through an analysis on the nature, the characteristics and basic content of the buyer's rights in Timeshare. In my opinion, people involved in the process purchasing the timeshare in different ways, his rights will have some differences in content, which will result in two types of rights, the rights of use and the rights of ownership. In the right to use timeshare, after buy timeshare products the buyer can enjoy the following rights and powers: exchange, rental, gift, inheritance rights by others after death, accessing to public facilities, such as the right to use the concessions. These rights are flexible interchangeability, time period, product options and have other characters.In the rights of ownership timeshare, Apart from some basic rights of the buyer, it has the following rights: the right to use independently, joint ownership, the right to vote. They have the special features such as right of multiple, highly decentralized nature of ownership.The second part mainly talks about the nature of the buyer's rights in Timeshare. In the right to use timeshare, the buyer through the purchase of fixed-term contracts - in the form of the right to use the right kind of real estate. After the buyer in accordance with the contractual payments, get the right to use the timeshare housing, receive all the services provided by the exchange, in a vacation or travel to a number of options and go where they want to go.Timeshare ownership of the traditional timeshare product development process evolving in a special pattern, therefore, this type of timeshare the buyer will enjoy some basic rights; they enjoy the right to have more real right. Buyer for the right to purchase housing, in addition to the time constraints and do not have the right kind of punishment, fully share ownership with the traditional civil law, the use of proceeds, the four positive cases empowerment and empowerment eliminate the negative interference of others. Therefore, we can think of timeshare ownership-Buyer's right is a special form of ownership.The third part mainly deals with conflicts between the rights of the buyer of the Timeshare and the current regulations and laws. The first one is the conflict of multiplicity of ownership and the traditional principal of one thing one right. In real life, people defined the "substance" by the subjective will, in most cases around. Even if the law does not constitute a separate objects, but people set up a title. And to many extraneous things, they could be viewed as one thing in the deal. Timeshare sales is of this new approach that the specific hotels or resorts Housing, 52 weeks by one year. One week for the buyer to buy the home ownership, each buyer can purchase their own housing within the period of ownership. If in accordance with the foregoing the traditional civil theory, there are several ownerships in the same house, which is obviously contrary to the traditional principal of one thing one right. However, if we are here, "one thing" is defined as the buyer purchase a specified period of housing, The walls of a building or the living room, then the objects in the object exists only on a title also consistent with the principle of one thing one right.The second conflict is between the nature of the rights of the buyer and the nature of the traditional rights. This paper stretches the new characteristics of the buyer's rights by details the three features of the ownership, thus Absolute and exclusive, elastic nature.The third conflict is between the buyer's rights and our countries'current policy and laws. First the fixed rate of return is not allowed to use in our country. China's "sales of commercial property management," Article 11 provides: Sales of real estate development companies not to take back or disguised way back to the center, sales of commercial housing. Charter or sale of real estate development companies may resort to covert chartered by the sale of commercial housing sold yet to be completed. Commitment to the development of a fixed return as a marketing tool is not required. But, strictly speaking, high levels of fixed income attract private investment, first a covert financing must comply with the relevant state financial supervision regulations. Once the results of a dispute are that the buyer's interests are not protected by law. Second, state policies and laws are to restrict citizens to travel outside the country. In most countries, timeshare products can be exchanged on a global scale residential opportunity is one of the main selling points. However, in China, timeshare exchange network for the development of international tourism policies and regulations by the many restrictions, which will directly affect the realization of the buyer's right.Through the above analysis and exposition, the fourth part will discuss how to protect the rights of the buyer. To protect the rights of the buyer, it should look into the following aspects.First, Empowerment and the protection of the buyer's right to know. Compared with the general tourism products or products with real estate, timeshare concept itself has a certain degree of complexity. The buyer of the concepts and mechanisms of the process is in a vulnerable position. The characteristic of options for the use of its timeshare properties provides the possibility of fraudulent activities. Therefore, the emphasis on the protection of the buyer's right to know and this is particularly important.Second, regulate the standard form of contract properly. Timeshare sales model is often used in paper format to a contract buyer, Timeshare operators in the format used at the conclusion of the contract terms, terms of the content is simply no consultation or consent of the buyer and the buyer agreed substantively. As the party of commitment, the buyer must choose to accept without reservation in the face of the conditions proposed by the operator. "Either agree or go away"is all the options t he buyer is able to offer facing the format of the contract. Timeshare buyer wants to purchase products only have to choose to agree. Such transactions undermine the balance of interests between the parties, the buyer the right is damaged caused by the unfair consequence.Third, set up and integrity the system of Cooling-off period, which is period of time before the buyer purchase the products. According to the law, at this time, to refund the buyer can not justify the products they buy; get all the money does not get any punishment. Agreed to allow the buyer unconditionally return within a certain period of time in terms of products, we can effectively prevent the spread of forced sales in the market, thus regulating the operator's behavior, and earnestly protect the buyer's rights.Fourth, strengthening the industry self-restraint. In the absence of perfect laws and regulations to protect the rights of the buyer, the industry's self-discipline mechanism for industry self-regulation can be formed. We should set quality standards for timeshare products the industry to comply with so that the right of the buyer to be protected.