Timesharing in European legal systems – selected issues

Abstract

The article examines the institution of timesharing within European legal systems, focusing on its origins, legal structure, and practical application. Timesharing, defined as a civil law construct granting temporary use rights, emerged in the 20th century in response to evolving needs for leisure organization and tourism expansion. Despite its widespread adoption, timesharing has not achieved uniform regulation within the European Union’s legislation or among most Member States. Certain countries, such as Greece, Portugal, Spain, and Turkey, have introduced varying legal frameworks, treating timesharing either as an obligatory right (e.g., Greece) or a real property right (e.g., Portugal). The article highlights significant differences in national approaches, including the flexibility of floating and mixed timesharing models, which further complicate legal classification. Although timesharing shares features with tenancy, key distinctions exist, particularly regarding the stability of the legal relationship and the transferability of the right to third parties. The analysis addresses issues stemming from deceptive marketing practices that misled consumers into believing they were acquiring ownership rights, leveraging the psychological impact of the concept of "ownership." Ultimately, the study underscores the need for further legal development to clarify the nature of timesharing, balancing economic considerations with effective consumer protection measures.