Research On Legal Issues Of Timeshare

Timeshare is a combination of tourism and real property which originated from Europe and prospered in American continent. In 1990s, it was introduced into China. Timeshare is typical of new economy created with the development of economy and innovation of law system. Compared with other tourist products, it is new in China. Nevertheless, it has taken shape in this land and is best represented by the emergence of property hotel, which brightens one's eye in the development of tourism and real property. Yet with the expansion of timeshare in China, legal issues and disputes are accompanied and brought forwards constantly, urgently in need of issuing corresponding laws and regulations for solution.This thesis, divided into five chapters, focuses on timeshare, legal regulations of timeshare to seek solutions for various issues aroused in the development of timeshare in China.The first chapter is an introduction to the development of timeshare both in and out of China. On the foundation of scholars' definitions of timeshare, the author presents his understanding of timeshare in the first division; in the second division, the author briefly introduces the originality and development of timeshare as well as its development in China after introduction; the third division is a further elaboration of timeshare using the core conception of timeshare in tourism. This chapter lays the foundation for the following chapters by offering the general ideas concerning timeshare in its development and tourism.The second chapter is an analysis of the two types of timeshare, i.e. ownership timeshare and leasehold timeshare, their legal nature and relevant features. In the first division, the author mainly discusses the legal nature of ownership timeshare and leasehold timeshare and the author's own point of views on their legal nature are stated; the first cause of disagreement on the definition of the legal nature of timeshare between scholars in academic fields is analyzed in the second division; in the third division, the differences between the two types of timeshare are stated by means of comparison. This chapter is the core and key of this thesis.In the third chapter, through presenting the conceptions of real property right registration and investigating its legal validity, the author analyzes the impact of real property right registration on the development of timeshare in China, including both positive and negative impacts.The forth chapter introduces the credit crisis in timeshare marketing. Using cases as penetrating point, the first division analyzes the performances of that crisis and the second division points out the grounds of credit absence in timeshare marketing and thus third division emphasizes the importance of bona fide doctrine in timeshare marketing.The fifth chapter discusses the legal regulation of timeshare product on the foundation of the above chapters. The first division introduces the legal regulation of timeshare in Britain, EU, the United States and etc. respectively; the second division points out that facing so many timeshare disputes in the current situation, it is of great significance in providing legal regulation in China.