The
phenomena of time-share properties has
become common in Italy only in the last decades,
importing a new form of real estate investment
already common outside of Italy, especially in
the United States and France.
The term "time share" ["multiproprietà"
in Italian], as is already known to the majority
of potential buyers, places the buyer as the owner
of a property, as in the case of Borgo al Sole,
which is a residential real estate complex made
up of a number of apartments situated in locality
of great touristic interest, the right of utilising
a single unit located within the complex, for
a given period of one or more weeks each year
perpetually (or for a given number of years).
The presence of this contractual practice, not
foreseen originally by our Civil Code within the
so-called "typical contracts",
had created quickly the need to regulate both
in regards to the creation of a rapport, or in
otherwords the conclusion of a bill of sale in
relation to the acquisition of a property in timesharing,
and in relation to the disciplining of all of
the aspects related to the disposition of the
property and of the protection of the rights of
the individual owners of the timeshare. Thess
last aspects have been analised and defined by
legislators and experts, with results which conform
well to allow the guaranting of actions to protect
the rights of buyers and the application to timeshare
properties of a series of regulations that discipline
common- owned property.
As to offer buyers a "strengthened"
protections, recently the Legislative Decree
no. 427 of 9 November, 1998". Application
of the Directive 94/97/CE concerning the protection
of buyers in relation to contractual aspects related
to the acquisition of the right of use of a prioperty
limited in time", with which the buyer must
be provided with detailed information defining
the contractual conditions and will be offered
the possibility of renunciation from the contract
without penalty.
The legislation has become law on 12 February,
1999, and provides as well that the seller
guaranties with a fidejussione the finishing of
the works [in the case that the property is under
construction at the time] and that such a guarancy
is indicated within the sale contract, with the
provision that if it is not mentioned the contract
is null and void by law.
In light of the
guaranties provided by current legislation, today,
buying a multiple-owner property is a secure choice
that one can make with the maximum serenity.