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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.

 

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