TIMESHARING CONTRACTS IN VACATION PROPERTIES: LEGAL ASPECTS, RISKS AND TRENDS IN THE BRAZILIAN LAW

Abstract

Time-sharing vacation properties is a socially and legally relevant topic, as it allows interested parties to acquire properties on a shared basis. With a pre-defined period of use, time-sharing of properties is permitted seasonally, making ownership less costly for the buyer, given the sharing of expenses and obligations. Until Law No. 13,777 came into effect in 2018, time-sharing may have been considered an atypical type of contract. However, with the enactment of the Time-sharing Law, the matter was addressed in a separate chapter of the Civil Code, with specific provisions on its establishment, transfer, and administration. The rights and obligations of time-sharing owners are also expressly defined, as well as the rules governing time-sharing among users. Although time-sharing is a recognized type of property, legal claims may arise from time-sharing, which may require judicial review, due to certain risks posed by the contract due to legal limitations. At this point, the applicability of consumer protection regulations, particularly regarding contract termination and civil liability, will be analyzed. Based on the above, this article, prepared using the deductive method of qualitative and bibliographic research, presents this type of contract, its specificities, and legal implications, focusing on national case law and recent doctrinal understandings.