CIVIL LIABILITY FOR VIOLATION OF THE TERMS OF THE TIMESHARE CONTRACT: SEPARATE ASPECTS

Abstract

The article analyzes the peculiarities of civil liability for violation of the terms of the timeshare agreement. Different scientific approaches to civil legal liability, its varieties, peculiarities of contractual liability are studied. It is additionally substantiated that the main features of civil liability are: regulation by civil laws; property nature (mainly economic impact on the offender); liability arises between the parties to the contract/offender and the victim; compensatory nature (recovery of property losses is the main goal); the proportionality of compensation to the damage caused, except in certain cases; based on the principle of equality; manifestation of state coercion, which involves the application of property sanctions; property sanctions are levied in favor of the injured person; the basis of application is violation of contractual obligations/causing property or non-property (moral) damage. It has been proven that damages can be collected on the basis of the law, even if such a possibility is not provided for in the timeshare contract. All other forms of property liability, in particular, those related to ensuring the fulfillment of obligations (default, pledge, surety, guarantee, retention, deposit) can be applied on the basis of a contract or law. The effectiveness of the civil liability of the parties to the timeshare agreement depends on a number of factors, including its application on the basis of: timeliness, proportionality, legal certainty; application for a committed violation (non-fulfillment or improper fulfillment of an obligation under the contract). It is substantiated that the features of civil liability under a timeshare contract are: high risk of occurrence due to the duration of contractual obligations and, accordingly, the potential variability of various objective and subjective factors; property liability arises only for actual damage to property transferred to accommodation for the purpose of recreation; illegal behavior that violates the timeshare agreement is possible both in the form of actions and inaction; taking into account the multiplicity of subject composition (on the side of consumers), such responsibility is mostly partial; characteristic of both pre-contractual (for the timeshare founder or seller) and post-contractual liability (for both parties to the contract).