La"propriété temporaire", essai d'analyse des droits de jouissance à temps partagé

Abstract : Time-share user rights have undergone an exponential development within an original legal mechanism. Their specific characteristics relate to numerous qualifications. The ever-changing legal nature thereof inevitably creates difficulty in conceiving and understanding the phenomenon. Thus, the situation of the contracting party demonstrates the legally uncertainty of the guarantees. Understanding time-share rights by a more in-depth study thereof would enable greater coherence between the intrinsic legal nature of these rights and the qualification actually used. The difficulty lies in the foreign origin of the Common Law system. After the directive 94/47/EC "on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties", which avoided legislating on the legal nature of these rights, the member States of the European Union transposed this standard and made various links without giving rise to even the beginnings of a consensus on this point. In this sense, the international approach is vital. The experience of certain member States of the European Union tends to legitimize the right of ownership within a time-share building. There is also reason to wonder whether a different meaning of right of ownership exists. The determination of a legal qualification, suited to the mechanism of time-sharing, would thus shed light on the legal system applicable thereto and more widely, it would clarify the applicable rules when such a dispute is brought before the courts. This aim of this analysis is more relevant than ever given that, following the revision of the directive initiated by the European Commission in july 2006, a draft directive was made public in june 2007
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Droit. Université du Sud Toulon Var, 2008. Français
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Contributor : Sylvie Pieraccini <>
Submitted on : Tuesday, March 3, 2009 - 12:02:46 PM
Last modification on : Thursday, March 15, 2018 - 4:56:04 PM
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  • HAL Id : tel-00365379, version 1



Sylvie Pieraccini. La"propriété temporaire", essai d'analyse des droits de jouissance à temps partagé. Droit. Université du Sud Toulon Var, 2008. Français. 〈tel-00365379〉



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