Legal Literature

  • Legal Literature Details
    • Member State: Poland
    • Title: The legal situation of persons under Directive 2008/122/WE of 14 January 2009 on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, and resale and exchange contracts
    • Subtitle:
    • Type: article
    • URL:
    • Author: KRÓL, B.
    • Reference: Przegląd Ustawodawstwa Gospodarczego, 2011, no 8. pages 14-22.
    • Publication Year: 2011
    • Keywords: consumer rights, contract law, timeshare contract, transposition
  • Directive Articles
    Timeshare Directive, Article 2, 1., (a) Timeshare Directive, Article 4 Timeshare Directive, Annex I
  • Headnote
    At the beginning of the article, the author provides a short summary of the institution and principles included in Directive 94/47/EC and explains the main reasons justifying changes in EU timeshare regulations.

    The author discusses the implications and consequences of the new timeshare regulations for consumers. The article also provides information about the main purposes of Directive 2008/122/EC and the improved institutions resulting therefrom.

    The author discusses the legal remedies that are available to consumers in the event of a breach of a timesharing agreement and analyses the increased informational obligations of the seller. The author points out that the standard information form for timeshare contracts, which constitutes Annex I to Directive 2008/122/EC, will be a very important part of the agreement. The information included in the form are very important from the perspective of the timeshare contract, thus it has to be obligatory signed by both parties.

    The author emphasizes the need to adapt Polish regulations concerning timeshare to the requirements of Directive 2008/122/EC and tries to define the status of timesharing in Polish legal doctrine.
  • General Note
  • Related Cases

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