Proprietatea periodică – Element definitoriu al contractului de time-sharing
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SVIDERSCAIA, Aliona, PULBERE, Dumitru. Proprietatea periodică – Element definitoriu al contractului de time-sharing. In: Revista Naţională de Drept, 2010, nr. 9-10(120), pp. 127-135. ISSN 1811-0770.
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Revista Naţională de Drept
Numărul 9-10(120) / 2010 / ISSN 1811-0770 /ISSNe 2587-411X

Proprietatea periodică – Element definitoriu al contractului de time-sharing

Pag. 127-135

Sviderscaia Aliona, Pulbere Dumitru
 
Universitatea Liberă Internaţională din Moldova
 
 
Disponibil în IBN: 16 decembrie 2013


Rezumat

This paper treats as subject the establishment and underlines the theoretical and practical importance of a new way of ownership and especially of a temporary property, but also a comparative analysis of the time-sharing contract, the contribution of which helps in obtaining and alienating of an asset in a periodical ownership. In this way through the point of view of underling the characteristics of the time-sharing contract, the study of the paper outlines the peculiarities of the periodic ownership confronted by other ways of the ownership. Thus:Periodical Property represents that way of the ownership, within the framework of the personal property, or house, out of where two or more persons are exclusively holders of the ownership, which is carried on, but with a peculiarity which consists in the following:- lapse of time, established in different periods strictly defined, equal or unequally, that is repeated annually- and lack of any juridical connection between them.In this way, this ownership has the right to exist and as a rule it is limited.Also, the study in itself gives us the right to find and to support the fact that the time-sharing contract is a distinct contract with its own peculiarities that can be outlined out of other types of contracts. This can be expressed in the legislation as a variety of the sale and buy contract, because it is an ownership traverse contract, which through its way occurs the alienation of an asset either it is a house or a personal property. Thus, the difference of the sale-buy contract consists in the fact that the hand over of an asset in periodical ownership and especially- the moment of signing a contract, that it is considered not just the moment of transmitting of an asset, but also the moment where it takes place the hand over of the ownership on the basis of the time-sharing contract, but also it is considered as an distinctive element and the fact that through the time-sharing contract takes place the hand over of a special type of property , that is periodically (for carrying on needs of a different contractual coherence in rapport to that classical). Trough this paper is trying to anticipate the negative experience that had happened in Russia, Romania, and other countries, at the subject of the periodical ownership and the practical use of the time-sharing contract. In this way, it can be qualify correctly and exactly the given rights through the time-sharing contract.At last, it is suggested to enclose the time- sharing contract and the periodical ownership a special role in the Civil Code of Republic of Moldova.