分时度假法律模式之研究

在不同的分时度假法律模式中,买受人拥有的对标的物的权利可能不同,它可以是各种所有权、各种他物权或债权等。在遵循一物之上有且只有一个无期物权即所有权的国家或地区,针对某模式的分时度假,若创设一种有期限限制的所有权,可能造成该所有权与他物权没有实质区别;若创设一种新的他物权,则可既达到相同的效果,又可以避免该问题。基于不同模式下分时度假所共同具有的特征,许多规则是可以普遍适用的。

In different legal patterns of timeshares, consumers may have different kinds of rights, for example, many kinds of ownership, many other kinds of real rights, obligatory rights and so on. In the countries or districts who have the concept of ownership, that one thing only have one kind of real right that is ownership which have no time limit, if you design a new type of ownership which have time limit, you may find that you can＇ t find something really different between this type of ownership and real right which is not ownership. If you design a new type of real right which is not ownership, you may attend the same effect avoiding such problem. Because of the same characteristics between different legal patterns of timeshares, many rules can apply to most of them.