Contents of the timeshare agreement: european standards and their implementation in the legislation of Ukraine

The scientific article examines European standards for determining the content of a timeshare contract and develops proposals for their implementation in the legislation of Ukraine. Attention is paid to those approaches to the concepts of «content of the contract», «essential conditions», «incidental conditions», which are developed and established for the doctrine of private law. An analysis of the expediency of making changes to the Civil Code of Ukraine, which reveals the concept of «content of the contract», was carried out. Additionally, the expediency of dividing all the terms of the contract into those that are essential, ordinary and accidental is substantiated. It has been proven that for a timeshare contract as an undefined contract, the provisions of Part 2 of Art. 628 of the Civil Code of Ukraine, according to which the parties have the right to enter into such an agreement containing elements of several agreements, that is, a mixed agreement. Approaches to the understanding of freedom of contract in the European Union are analyzed, in particular in the Principles of International Commercial Contracts and the Principles of European Contract Law. Approaches to understanding such essential terms of the timeshare contract as the subject and price of the contract are analyzed. It has been clarified which terms of the timeshare agreement are included in practice when transactions are concluded in the American and European markets. Requirements within the framework of the EU regarding rules on the language of the timeshare contract, requirements for pre-contractual and contractual information were analyzed. As for the terms, the currently active Directive 2008/122/EC provided that the minimum term for a timeshare contract is not less than one year, instead of the three that were previously provided for, and the link to «immovable» property was also removed, which extended the effect timeshare contracts for accommodation on cruise liners, boats. It is substantiated that, taking into account the provisions of Directive 2008/122/EC and the conducted research, it is necessary to provide in special provisions of the law that in each timeshare contract, the parties must agree on the subject and price of the contract, provide for the rights and obligations regarding the maintenance and use of the property, in including the periods and terms of use, regulate the conditions for termination of the contract, including unilaterally.