Studies On The Buyers’ Rights Of The Timeshare

Timeshare is a new use of the house to meet the market demand. Although there is a mature history in foreign countries, but in China it is still under infancy phase and not known by the public.Due to the overall development of the industry is small, the corporations are different, coupled with the lack of the legal norms, leading to the buyer rights have been damaged repeatedly. So it is necessary to strengthen the research on the buyers’ right, protect their rights by the law.This paper attempts to sort out thecurrent development status and problems of the timeshare, analyzethe legal nature of the buyers’ rights under the timeshare contract and propose some measures to protect the buyers’ rights.The Thesis is divided into five parts; the first part introduces the development status of timeshare. By introducing four real timeshare cases in China to discuss the problems. The second part analyze the contents of the buyers’ right under the timeshare contract.The third part study the legal nature of the buyers’ rights of the timeshare. It is not workable by causing the buyers’ rights to become a property right in order to protect it. It not only violates the basic principles of the property law, destroythe property law system, but also faced many legal obstacles in reality.There are also many problems with the residency mode、the equity-based mode and the trust-based mode.So The Obligatory right mode is the only viable mode for timeshare. The fourth part proposed some specific measures to protect the buyers’ rights: including making it become a special contract in the contract law and establishing the related legal system. All this will promote the development of the timeshare industry.At last, in order to provide some help for future legislation, a number of legal provisions have been drafted in the end.