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Fundación para la Investigación sobre el Derecho y la Empresa





The conclusions of the Fide-Timeshare Working Group are published


A group of experts from Fide has held a series of meetings with the aim of analyzing legislative and non-legislative solutions to the problems raised in the timeshare sector.



Throughout the meetings held, the following issues have been reviewed in depth:
 
  • What are the consequences of the nullity of contracts?
  • Law 42/1998 is no longer valid. Should it be considered that the current wording of the Sole Transitional Provision of Law 4/2012 changes the interpretation of the adaptations of pre-existing regimes?
  • The virtuality of the First Transitory Provision of Law 42/1998
  • The three cases of adaptation contemplated by the Second Transitory Provision of Law 42/1998
  • Regulation from the point of view of comparative law
  • Non-legislative solutions to the problems raised with pre-existing regimes
  • Are floating-rights regimes fully admissible in Spain?
  • Does Spanish legislation respond to the reality of the industry ?: real estate product vs. tourist product
 
 

Thus, the conclusions document, available in English and Spanish, includes what should be understood by the phenomenon of shared time, what its regulation is, the transitory regimes and the duration, what should be taken into account in the flating modality and, finally, the legislative and non-legislative solutions that should be adopted for the better functioning of the system.
 
All the people that have participated in this working group of Fide, have done it in a personal capacity and not in representation of the entities or institutions where they carry out their professional work. As such, these conclusions do not reflect and do not gather institutional positions particular of each of the members of the group *. Fide thanks all of them for their dedication and effort to obtain these conclusions.
 
Access the document in Spanish here.
Access the document in English here.
 
 
* Members of the Working Group
  • Guillermo Cerdeira, Professor of Civil Law (accredited as a University Professor), of the University of Seville.
  • Jose Miguel Echenagusía, Vice President of Legal Services - Interval International – EMEAA
  • Carmen Gonzalez Carrasco, Professor of Civil Law (accredited as a University Professor) of the Castilla la Mancha University. Researcher at CESCO (Center for Consumer Studies).
  • Cristina Jimenez Savurido, President of Fide. Magistrate on leave.
  • Jose Puente Orench, Senior Associate of the Commercial Law Department of Gómez Acebo & Pombo.
  • Blas Piñar Guzmán, Senior Lawyer at SAMANIEGO Law.
  • Jose María Rodríguez Rosales, Lawyer.
 
Throughout the work sessions of the group, other experts have also participated, who have been called to contribute their perspective on specific issues related to the subject dealt with in the working group.




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