Apostilla al tiempo compartido en EspañaEl ocaso de la fórmula club-trustee

  1. Luis Javier Capote Pérez
Revista:
Revista General de Derecho del Turismo RGDT

ISSN: 2660-8626

Ano de publicación: 2023

Número: 8

Páxinas: 48-95

Tipo: Artigo

Outras publicacións en: Revista General de Derecho del Turismo RGDT

Resumo

The history of time-sharing in Spain is defined by its transnational nature, which led to the establishment in the sector of a legal figure ruled by the principles of Common Law. The club-trustee formula reflected the reality of a business in which the purchasers came mainly from the UK. This situation contrasts with the multiple attempts to regulate a phenomenon that, at the time, was as controversial as today is the holiday rental. The result was the 1998 Act, which unsuccessfully tried to channel all the offer in this sector through the limited real figure of the aprovechamiento por turno de bienes inmuebles de uso turístico, proscribing those that did not enter its narrowed structure. This entelechy would eventually become a reality, but for reasons completely different to those originally conceived by the voluntas legislatoris.