The author proposed to define timeshare relations as property and non-property relations, based on contractual principles, aimed at satisfying spiritual and other needs, property needs of the consumer, associated with periodic use of property for the purpose of recreation.
The author investigated the reasons and consequences of the introduction of legal regulation of timeshare relations at the EU level, in particular Directive 94/47/EC dated 26.10.194 and Directive 2008/122/EC dated January 14, 2009. In order to ensure consistency in the laws of the Member States, Directive 2008/122/EC is based on the principle of maximum harmonization, whereby Member States cannot maintain or introduce into their national law provisions that differ from those laid down in the Directive, including stricter provisions, if otherwise, the Directive itself, which should ensure the same level of consumer rights protection in all EU member states, does not provide otherwise. Where there are no agreed provisions, Member States are free to maintain or introduce certain provisions.
The author concludes that the one-time adoption of a single separate act in this area is possible and would give the best results, but given the actual lack of business experience in this area and lack of understanding of the suitability of various forms of timeshare for the realities of the national tourism sector, it can only harm and delay the process of legalizing these relations, therefore, in our opinion, such a process should take place gradually with the introduction of partial changes in the legislation on the protection of consumer rights and tourism.
As a result of the research, the author distinguished timeshare contracts from employment contracts (lease), contracts for accommodation in hotels, contracts on long-term vacation offers (products), investment contracts.
The author established the following special characteristics of timeshare contracts: term; solvency; the object of the right of use can be both movable and immovable property; special subject composition.
The author proposes to distinguish the system of timeshare contracts according to the following classification criteria: 1) according to the legal regime of the property: a) timeshare based on fixed-term ownership; b) timeshare based on fixed-term ownership; 2) according to the scheme of use: a) timing (temporary): fixed; floating (floating with an open date, floating with an open place, floating with an open date and place); rotary; b) points (ballrooms); 3) by appointment: a) basic; b) accompanying; c) terminating rights.
The author analyzed the following legal regimes of property: fixed ownership, interval ownership, limited ownership (right of use (license, lease), usufruct and common use, quasi-ownership.
