Regulation m.4 on prepaid housing sales gives us the definition of housing. According to this; Residence: It refers to all kinds of independent sections that are used for residential purposes subject to the Property Ownership Law dated 23/6/1965 and numbered 634, or offered to consumers, although they do not have the characteristics of a residence. This article may also mean that it must be subject to the Condominium Law. In the continuation of this, we can say that the expression “although it does not have the characteristics of a residence” is not very appropriate and that there is a lack of seriousness in the preparation of the law.
In Article 50 of the Law on the Protection of the Consumer, the definition of timeshare contract is defined as contracts established for a period of more than one year and providing the consumer with one or more accommodation opportunities for more than one period during this period.
A long-term holiday contract is defined as a contract that is established for a period of more than one year and gives the consumer the right to benefit from discounts or other benefits related to accommodation or travel or other services together with accommodation during the specified period. We need to divide the periodic holiday systems into two.
1. A certain place or a certain period: The period or period is a period that must be repeated in each calendar year without interruption or repeated more than once in a calendar year,
2. Frame duration; It is the time period that determines how many years the circuit will be repeated.
Based on this system, it is possible to establish three different systems under two main headings;
Systems providing real rights; In the title deed registry, they are systems that provide benefit, use and savings based on registration in the land registry. The first of these is the time-share right regulated in the provisions of the Condominium Law No. 3227 between 57-65. Although it is stated in article 57 of the law that this will be established as an easement right, without taking this into account in the provisions of articles 60-61 of the same law, the impression is given that the time-share right is a system to be established by writing it in the declarations section of the time-share agreement. In fact, when we look at it, we can say that all property law books repeat this exorbitant mistake. It should not be thought that the right of time-share will be established by going to the title deed and writing the time-share contract in the declarations section. Timeshare right is established by double registration. It gives you the opportunity for up to twenty-five circuits to distribute all the circuits as shares in the ownership column of the land registry.
A timeshare contract is a common written document that has the force of a contract, just like the management plan, that tells how the timeshare right established in that independent section in each independent section for residential purposes or in the structure subject to condominium ownership will be utilized and used among the timeshare right holders. Timeshare right cannot be established by submitting a written document to the title deed. An official deed is drawn up and established with the registration of the easement right. It should not be forgotten that the timeshare right will be established with the registration made in the servitudes column in the land registry.
Land Registry Law article 26; Article 753 of the civil law with the aim of ensuring that one or more of them, among the owners of property, property rights and a joint offering or the owners of immovable properties, exclusively benefit from a certain floor or flat or a part suitable for detached use of the existing or to be constructed building on that real estate. According to the provisions of the article, the provision stating that the official deed regarding the easement right establishment or the facility valley will be issued by the land registry manager or PU registry officers is actually the provision that leads to the establishment of condominium ownership. You can establish an easement on a piece of land by setting up a tiny house, bungalow, tent, and based on civil law 838, based on a sketch drawn by giving people a share of shared ownership. However, the establishment of a system based on shared ownership is prohibited. An action for annulment can be filed with the Constitutional Court in this regard.
Systems providing relative rights; In order to establish a timeshare right according to Article 57 of the Property Ownership Law and its continuation, the independent section of the land according to the civil law 704/1 of the detached structure and according to the last paragraph of Article 718; He says that if the building is suitable as a residence based on its existence, it can be established in residences subject to condominium ownership. In systems that provide relative rights, prepaid housing is prohibited with a common written contract. It is wrong to destroy a system because there are those who corrupt it, while there are those who use it properly. It is the best example of timeshare and timeshare systems. He said that the contract period regarding the timeshare holiday cannot be more than 10 years. It is open to criticism.