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Study On The Ownership Model Of Timeshare’s Right Of Use

Posted on:2018-06-14Degree:MasterType:Thesis
Country:ChinaCandidate:T J WangFull Text:PDF
GTID:2346330515986843Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an innovative kind of tourism, timeshare has been a mature sunrise industry with a large-scale system in foreign countries. However, the development of timeshare in China has met with some difficulties and challenges, and this kind of tourism is often mistaken as a consumption trap. By collecting and analyzing typical cases about timeshare disputes,and summarizing consumers’ complaints and suggestions,the thesis finds that main reasons for causing disputes and misunderstandings are unclear validity of timeshare contracts and the controversy over purchasers’ rights.Domestic studies concerned timeshare focus more on the regulation of timeshare contracts and consumer rights, but less on the analysis of timeshare from the perspective of rights, which result in the lack of theoretical support for timeshare legislative regulation. However, making clear the attribute of timeshare is a necessity to enact and improve timeshare laws and regulations. With regard to research methods,Case analysis, Value analysis and Comparative research are adopted in this thesis.Since there is no unified definition of timeshare at home and abroad, the thesis differentiates and analyzes the concept of timeshare from its definition in foreign laws to the mostly discussed definition of timeshare in domestic academic circles, and then get the three characters of timeshare: time-efficient, exchangeable and systematic. It is a new type of transaction, that is, developers allot properties into a number of units according to time periods and sell every unit to different people. Purchasers use their own units within time periods in accordance with contracts. Also one purchaser can exchange his/her unit(s) with those who have the similar units according to certain rules.As an exotic and its short-term development in China, timeshare’s right of use hasn’t been made clear. And this uncertainty makes China’s timeshare market in a mess. Thus, it is necessary to learn advanced legislation experience about timeshare’s ownership model from related overseas laws. The thesis considers the legislation for timeshare’s right of use based on usufruct is more suitable for the regulation and development of timeshare industry by comparing the advantages and disadvantages of timeshare ownership model in EU, America, Germany, Spain, and Mexico, all of which are typical countries and organizations making laws on timeshare.On the basis of learning from successful timeshare legislation models, the thesis sort out the theoretical controversy of the legal character of the right of use of time share, and analyzes advantages and disadvantages of ownership models of different kinds of timeshare. Through comparison, this thesis chooses the most suitable timeshare ownership model—Usufruct Model. Then, this thesis demonstrates therationality and feasibility of the right of timeshare based upon usufruct, and explores the legal character as well as the improvement of related security system of the right of use of timeshare.
Keywords/Search Tags:Timeshare, Right of Use, Ownership Model, Usufruct
PDF Full Text Request
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