Peculiarities of fulfilling obligations under a timeshare agreement

Abstract

The scientific article examines established approaches in private law doctrine to understanding the concept of «fulfillment of contractual obligations». The essence of the fulfillment of obligations is revealed, in particular, that it is revealed through those actions that the party commits to achieve the results for which the deed was concluded. It has been proven that active fulfillment of obligations takes place in timeshare contracts, as actions are assumed by both counterparties, the consumer must pay on time, and the timeshare founder must provide access to property suitable for quality recreation during the reserved period. It was found that the fulfillment of obligations under the timeshare agreement: aims to achieve the purpose of the timeshare agreement; is a manifestation of consistent factual and legal actions of the parties to the contract, which, on the one hand, achieve the goal, and on the other hand, provide for the exercise of subjective rights. It is justified that the principle of good faith plays an important role in fulfilling the obligations under the timeshare agreement, which is the appropriate standard of actions of the parties to the agreement, a measure of honesty, openness, and respect for the interests of the counterparty. A timeshare contract will be properly executed if the parties to the contract act in good faith. It was found that good faith is closely related to the principle of obligation of the parties to fulfill their contractual obligations, which definitely limits the freedom of contract. This is also followed in judicial practice. In addition, good faith helps prevent possible abuses of contractual freedom. Fulfillment of obligations under the timeshare agreement must be proper, which is directly related to the will of the parties, as well as the quality of the provided services for accommodation for recreation of the consumer and his family members. In our opinion, the quality of services under timeshare contracts should be one of the essential conditions of the contract, the feature that characterizes its subject. It was revealed that when considering the problem of proper performance of the obligation, scientists also note the principle of real performance, which means the need for the debtor to perform those actions that correspond to the content of the obligation.