The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

research on protection of consumer rights in time-sharing contracts

Authors
mahmoud sadeghi 1
zeinab hesami shahrezaee 2
1 Tarbiat Modarres University
2 University of Tehran (Pardis, Farabi)
Abstract
Abstract:
Time sharing contracts or interval ownership is an almost new institution which entered to our legal system In order to developing tourism. the consumers' rights is significantly affected as a result of Complex nature of these contracts on the one hand, and the consumer's weak position against the strong professional traders on the other. In Iran, Many companies Resort to this method to transfer buildings that have been provided for this purpose. In spite of the acceptance of this institution in Iranian Law, appropriate regulation in this regard has not been passed; while, In most European states specific regulations has been enacted in this regard. After a brief explanation of the legal nature and definition of time-sharing contracts and clarifying the notion of consumer, in this paper specific regulations required for protection of consumer rights, including: right to awareness of contract, right to withdraw, right to choose freely, prohibition of advance payment, has been studied with respect to EU Directive 2008/122, as a document which has followed by many European states experienced in this type of contracts.
Keywords
Keywords: interval ownership
protection of consumer rights
trader
European :::::union:::::
Authority of the House of Lords, Protecting the Consumers of Timeshare Products, Report With Evidence, 18 December 2007, The Stationery Office Limited price, Paper 18, London.
Campbell Black M. A, Henry, 1983, Black's Law Dictionary, West Publishing Co, USA.
Commission of The European Communities, 2007, Accompanying Document to the Proposal for a Directive of The European Parliament and of The Council on the Protection of Consumers in Respect of Certain Aspects of Timeshare, Long-term Holiday Products, Resale and Exchange, Brussels.
European Parliament, Directive 2008/122/EC of The European Parliament And of The Council of 14 January 2009, on the Protection of Consumers in Respect of Certain Aspects of Timeshare, Long-term Holiday Product, Resale and Exchange Contracts.
European Parliament, Protection of Consumers (Timeshare,Long-term Holiday Product,Resale and Exchange Contracts) Regulations, Legal Notice 109 of 2011, S.L.409.02.
Giri, H.N., 1987, Consumers, Crimes and the Law, New Dehli, Ashish Publishing House.
Herre Johnny, Hondius Ewoud and Alpa Guido, The Notions of Consumer and Professional and Some Related Questions, Available at: http://www.sgecc.net/pages/downloads/consumers_and_professionals.pdf.
Miller C.J., Harvey Brian W. & Parry Deborah L., Second Edition 1998, Consumer and Trading Law: Text, Cases and Materials, Oxford University Press.
Munar Bernat, Pedro A., 2009, «study on Directive 2008/122/EC of 14 January 2009 on the Protection of Consumer in Respect of Certain Aspects of Timeshare, Long-term Holiday, Product, Resale and Exchange Contract». InDert, Vole.4. Available at: SSRN:htpp//ssrn.com.
Powanga L., Powanga A., 2008, An Economic Analysis of a Timeshare Ownership, Journal of Retail and Leisure Property.
Report on the Application of Directive 94/47/EC of the European Parliament And Concil, 1994, Available at: www.europa.Eu.Int/editorial/legal-notice.html.
Schulte-Nölke H., Börger A. and Fischer S., 2007, Consumer Law Compendium, Comparative Analysis, Timeshare Directive (94/47).
UK Parliament, Consumer Protection (The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations), 2010, No. 2960, Statutory Instrument, Published in the UK , The Stationery Office Limited under the Authority and Superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament.