The Research Of The Protection Of Consumer Rights In Timeshare

As a new trading arrangement, timeshare get a fast development in foreign, but it encounters many difficulties in our country. Generally speaking, timeshare contains more parties, longer period and greater risks. Because of the timeshare market is not developed, domestic scholars have few research on it, and this is a big flaw. This paper describes the origin and the development of timeshare, and defines it. To make the research more realistic, the author studies a large of cases. This paper summarizes the main content of consumer rights and existing problems of timeshare on the consumer rights in our country. By analyzing the foreign law for the timeshare and makes suggestions from a legal point ultimately, so as to promote the development of timeshare.Under this framework, the paper is divided into five parts.The first part introduces the origin of the timeshare and its history both in and out of China. After analysis of foreign law (EU, UK, Germany, USA), the author defines the object of this paper. This part is a foundation of the full paper.The second part discusses the main content of the consumer rights and its nature. As the foundation of the research, the paper collects many cases. Then the author extracts the main content of consumer rights. On the basis of the previous research, the author discusses the nature of the right which the consumer owns by the contract and firmly deems that the right is right in personam, not right in rem.The third part turns to solve the typical problems of timeshare in judicial practice. After summarizing the common disputes about timeshare on the foundation of cases, the paper classified these disputes. It contains the disputes relating to the rights acquired, the disputes relating to the content of the rights, the disputes concerning the exercise of rights and the disputes relating to the elimination of the rights For the confused judicial practice, the author points out the solutions. For the defect in the formation of will, the legal can provide these remedies through gross negligence, fraud and the standard contract system. In the process of performing the contract, the liabilities for breach of contracts can solve the most of the problems. Because of the great value of the right of withdrawal, the author discusses it specially and find it can not play its due role under the existing legal environment.On the foundation of previous analysis, the author puts forward the legislative proposals in the fourth part, including information disclosure system, the right of withdrawal, the controlling of the content of the timeshare contract and the related ancillary system. These measures offer a compatible legal environment to the development of timeshare.The last part summarizes the full text.