UGOVOR O TIMESHARINGU
TIMESHARING CONTRACT

Summary/Abstract: A timesharing contract with all its specifics and elements is a sui generis contract. Given that it has elements like other national law treaties, and that it belongs to national consumer and obligation law, at the same time it is regulated by EU regulations, which is why its characteristics deserve special attention and processing. As tourism plays an increasingly important role in member states' economy, the sectors of timesharing and similar holiday products should have been encouraged to increase growth and productivity by adopting certain common rules that would apply to all timesharing contracts and similar holiday products. On 14 January 2009, the EU adopted Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, resale and exchange contracts. In relation to Directive 94/47/EC, the new Directive is a directive of maximum harmonisation, which ensures equal treatment of sellers in all Member States, which contributes to greater legal certainty of both consumers and sellers. Analyzing EU legislation, legislation of modern countries in which the timesharing agreement is widespread, and the final analysis of the positive legislation of BiH in which this contract with all its elements begins to appear in practice, it is concluded that it is inadequately regulated by the existing Law of consumer protection. It is necessary to align the contract with Directive 2008/122/EC, which we are obliged to implement, since the Stabilisation and Association Agreement has committed to harmonize our legislation with eu legislation.

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