Research On The Legislation Of Timeshare

As a new tourism type, timeshare enjoys broad marking prospect and it have an active impaction on economy of China. However, timeshare in China is in a situation of confusion. The inefficacy of its market is related with the general situation of the country, the stage of its development, and the special features of the industry itself. It needs rules and regulations to remove the problem. This article pays attention to relevant legal issues of timeshare, summarizes and analyzes these issues, introduces its legal characteristics. And then, the paper points out problems and countermeasures for present domestic timeshare. The author attempts to establish legal regulation system to promote further well development of timeshare in China.This paper is divided into four parts and has about 38000 words altogether. The first part defines the timeshare and the problems of timeshare in our country. This part is a foundation of the full paper. Author analysis the meaning of timeshare first, and then set forth the significance of research on the timeshare from the currency and the problems occurred in the practice.The second part is the comparative study of legislation models of timeshare in the world. Take the legislation of EU, Germany, Spanish, England, American and etc. for example, author analysis the advantage and the disadvantage from the legislation models of timeshare in other countries, in order to offer academic foundation for the amendment and consummation of China's legislation.The third part discusses the impact and development of timeshare to the theory of traditional ones. Firstly author lists a variety of traditional theories. Then, after analysis all these theories, author points out that timeshare is a new form of property rights and should be regulated in property law. On the basis of recognizing the nature of timeshare, the author explores the necessity of adopting property model in the legislation. Finally, the author gets the conclusion that modern trend of property is changed from possession to use.The fourth part is the self-criticism to regulation of our country property law about timeshare, and this part is a focal point of this paper. On the foundation of analyzing of the problems on timeshare, author proposes some suggestions of perfecting the legislation, governing the contract of timeshare and setting up the system of credit with timeshare.