Timesharing: timesharing van onroerend goed vergeleken
Author: Dr. R.J.A. Arduin
Published: Stichting tot Bevordering der Notariele Wetenschap Kluwer; (1993)
ISBN: 90-268-2518-8; copyright 1993
Language: Dutch; Summary English on Pg 207
Dimensions: 6-1/4" x 9-1/2" Pages:267
Price: US$30.00
Availability: By request only. 25 copies available.
Book Summary
Chapter 1 In the introduction, the purpose of this study is outlined. The choice of the comparative form for my research as well as the choice of the legal systems studied is explained.
The development, the history and the complexity of the timeshare phenomenon are also discussed. The concept of timesharing is defined and the subject matter delineated.
Chapter II The development of timesharing in France. Timesharing originated in France. The concept is named "multipropriete" in this country. Since 1986 France incorporated timesharing in its corporate law (Law no. 86 18 of January 16, 1986; Loi relative aux societes d'attribution d'immeuble en jouissance a temps partage).
Chapter III deals with timesharing in the United States of America. Various timeshare plans, as well as Federal and State laws are discussed. Several States developed timeshare legislation to conform to the Model Timeshare Ownership Act of 1979, which is also called the Model Act. This Act was thoroughly revised in 1983.
Some relating phenomenons that developed along the timeshare industry in the U.S., and the role of the internationally known and popular private organization, the ARRDA, are discussed in a nutshell.
Chapter IV Timesharing in Belgium, Spain, Portugal, Greece, the United Kingdom and Bermuda are discussed. Bermuda is a frontrunner in the Caribbean region with rather detailed timeshare regulations.
Chapter V examines a legal dissertation of the various possibilities to regulate the timeshare concept within the legal system of the Dutch Kingdom.
After classifying timesharing as a property right, the possibilities of constructing timesharing as a real right, or according to a trust concept, or as a contractual right are analyzed.
Chapter VI The practice of timesharing within the Kingdom of the Netherlands is discussed here. The most commonly used timeshare plans are dealt with, as well as the type of complaints most heard of with regard to timesharing within the Dutch Realm.
Chapter VII deals with timesharing in the European Community. The resolution of the European Parliament dated October 13, 1988, PB EG 28/148 of November 14, 1988, and the subsequent draft directive of July 1992 pertaining to timesharing (PB nr C 222 of August 29, 1992) are discussed.
A report of the European Consumer Law Group concerning timesharing, published in November 1991 (ECGL/368/91), and some relating directives and proposals for directives in the EC are also discussed.
Chapter VIII gives a summary of my main findings, while the timeshare structures within the legal systems that are outlined in the previous chapters are compared.
It is concluded that even though the construction of timesharing in the form of a real right provides the buyer with a more solid right, attempts to construct timesharing as such have failed in most countries as a result of legal technicalities within the systems.
Where legislation has been created to regulate the subject matter of this study, it is noted that timesharing is seldom organized only as a real right. The practice of timesharing calls for a legal framework which provides for the construction of timeshare estate as well as contractual timesharing.
It should be noted that in view of the unification of international private law, it would be appropriate to follow the concept of the European Treaty of 1980 regarding contracts (Rome, June 19, 1980, Trb. 1980, 156).
Chapter IX outlines my proposal for a new legal framework for timesharing within the Netherlands. It is my belief that the (Dutch) Condominium Law provides a suitable link to regulate timesharing within the legal system. Insertion of the right of timesharing as part of, or following the law on condominiums in the Dutch Code is suggested, and outlined in this chapter.
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