PROBLEMS OF LEGAL REGULATION OF THE CONSUMER PROTECTION UNDER TIMESHARE CONTRACTS IN THE LEGISLATION OF UKRAINE AND THE EU
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 64)Publication Date: 2023-06-30
Authors : Muzyka Maksym;
Page : 107-113
Keywords : timeshare; timeshare contract; consumer rights protection; contract law; Europeanization; adaptation of legislation; EU; club vacation;
Abstract
The article examines the peculiarities of the protection of consumer rights under timeshare contracts. The author analysed the national legislation of Ukraine and EU law in this area. It is emphasized that timeshare contracts are currently not researched and conceptually clarified in essence in most legal systems, not only in Ukraine, which is of particular interest from the point of view of determining the nature of such contracts, researching their main characteristics and possible options for regulation in the system of modern updated contract law of Ukraine. Attention is focused on the problems of legislative regulation of liability and the prohibition of unfair terms of timeshare contracts. Because, as of today, domestic legislation does not contain provisions on timeshare contracts, and their regulation is one of the areas of adaptation of national legislation to EU legislation, this process needs to be accelerated, including through the prism of renewing views on the meaning and content of the contract in private law. Attention is focused on the expediency and urgency of legislative regulation of timeshare contracts in the national legal order, so that consumers under timeshare contracts and related contracts need a high level of protection. The need for special legislation is based on international best practice. Accordingly, for the normal legalization of such relations in the national legal order, the author proposes not only to make changes to the profile law on the protection of consumer rights, including in the part of unfair business practices, but also to develop either separate norms within the framework of the law on tourism, or a separate special normative act establishing the peculiarities of the studied contractual structures.
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