初探所有权型分时度假的基本法律问题--兼论对传统不动产所有权理论的发展

源自于法国的“分时度假“作为一种新型旅游消费方式近年来在我国出现,并逐渐区分出两种类型:购买所有权类型和购买使用权类型.所有权型分时度假作为一种特殊的所有权形式,其性质应为时限所有权或期限所有权;所有权型分时度假的法律特征表现为削弱的绝对性、有限的排他性、期限性、一体性、时段登记的技术性和权利主体身份多重性;所有权型分时度假的出现是对传统所有权理论的发展和完善.

Basic Legal Problems concerning the Issue of Timesharing, or Interval Ownership:Concurrently Discussing the development of Traditional Theory of Real Estate Ownership

Timesharing began in France and has been introduced into China in recent years as a new type of tourist consumption. It has now gradually developed into two types: purchases of shared property ownership and purchases of the right to use. As a special type of ownership, timesharing, or interval ownership will be time-limit ownership or term ownership in nature and it bears the characteristics of the weakening of ownership absoluteness, limited exclusiveness, term limitedness, the coexistence of shared property ownership and the right to use, the technical nature of interval registration and multiplicity of subject-ownership. The occurrence of timesharing is a development and improvement to the traditional theory of real estate ownership.