The concept of «complex-structural ownership» and the timeshare institute

Abstract

The scientific article examines the concept of «complex-structural ownership», which is the basis of timeshare in foreign countries in order to choose the optimal legal basis for this institute in Ukraine. It was established that the concept of «complex structural property» gradually developed in parallel with the development of timeshare itself. In the early stages of development, the consumer bought an ownership interest in the property, which allowed him to use it for a fixed week during a certain season at the resort. Gradually, even more flexible products appeared on the timeshare market, even based on a point system. It was found that the state of development of this issue does not meet the needs of the recodification of the Central Committee of Ukraine and the improvement of the legal basis of timeshare in the conditions of the development of tourism.
 Examples of the legislation of foreign countries are given, which, regulating the institution of timeshare, the conclusion of relevant contracts, also consolidate the approach to understanding the concept of «complex structural property», in particular the provisions of the Law on the Distribution of California Lands, the Law of the State of Florida «On the Vacation Plan and Timeshare», the Statute of the State of Nevada etc.
 It was found that the concept of «complex structural property» in the legislation of various US states is connected with the concept of «undivided interests». This is quite an interesting approach, which is fully relevant to the legal nature of timeshare, which essentially also assumes the presence of «undivided interests» among several consumers, and in the context of the expansion of timeshare forms, the appearance of a point system, exchanges, cruise offers, the specified approach manifests itself even more pronounced. It was found that in the Romano-Germanic states, the legal nature of timeshare is considered through the prism of obligations and property rights.
 It is substantiated that the concept of «complex-structural property» is based on the non-exhaustive list of rights of the owner, which is widespread in the Anglo-American private law doctrine. In the national doctrine of private law, more and more scientific studies are appearing, which justify that the rights of the owner are not limited to the classic triad of powers.
 It has been proven that since complex-structural ownership is possible precisely in the case of property ownership by several co-owners, it is characterized by the features of joint ownership. It is proposed to distinguish between «simple joint ownership» and «complex structural joint ownership».