Główne obowiązki przedsiębiorcy na gruncie Ustawy z dnia 16 września 2011 r. o timeshare
Main Obligations of an Entrepreneur in the Context of the Timeshare Act of 16 September 2011

Summary/Abstract: Regulations included in the Timeshare Act of September 16, 2011 (Journal of Laws of 2011, no. 230, item 1370) are the matter of considerations included in this article. The aim of the reasoning is to indentify – by method of legal analysis of provisions in force – the fundamental normative components stating the main obligations of an entrepreneur, and thus his legal position in terms of the examined act. Apart from this detailed aim, the general aim of the article is to convey to a wider audience the basic knowledge about the timeshare. It results from the fact, that the timeshare is not a subject matter often discussed in research literature and within the widely understood educational market. Additionally, pre-sented article contains an analysis of a research problem referring to legal position of an entrepreneur in relations with a consumer. The article characterises contracts regulated by the Timeshare Act, subject range of this act and concepts of an entrepreneur and a consumer. It also describes obligations of an entrepreneur connected with maintenance of the object of timeshare and conditions allowing the con-sumer to withdraw from a contract. Subsequently, it presents detailed duties and restrictions imposed on entrepreneurs, as well as opinion on particular legal solutions referring to relations between an entre-preneur and a consumer. Realised analysis allowed to ascertain that the legal position of an entrepreneur has been very precisely regulated, which promotes trustworthiness of legal transactions. Moreover, the legislator rightly decided to regulate in detail the conditions of noticing timeshare contract – see article 40 item 2 and 3 as well as article 41 of the Timeshare Act, though one should remember also about article 3651 of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws 2019 item 1145) – and the issue of contract renouncement in chapter 5 of discussed Timeshare Act, because these legal institutions are often mistaken one for another.

• Details
• Contents