Part-time Right of Residence Act
The part-time housing rights law (TzWrG) served in Germany until its replacement by the Law of Obligations Modernization Act the Consumer Protection to limit so-called. " Timeshare offers ." Despite the legal requirements, many frauds are still driven by timeshare contracts today.
Basic data | |
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Title: | Law on the sale of timeshare rights to residential buildings |
Short title: | Part-time Right of Residence Act |
Abbreviation: | TzWrG |
Type: | Federal law |
Scope: | Federal Republic of Germany |
Legal matter: | civil right |
References : | 402-35 |
Issued on: | December 20, 1996 ( BGBl. I p. 2154 ) |
Entry into force on: | January 1, 1997 |
Expiry: | December 31, 2001 ( BGBl. I p. 3138 ) |
Please note the note on the applicable legal version. |
The Part- Time Housing Rights Act was used to implement EC Directive 94/47 of October 26, 1994. It came into force on January 1, 1997. With the Law of Obligations Modernization Act, together with the Doorstep Cancellation Act , the Consumer Credit Act , the General Terms and Conditions Act and the Distance Selling Act as consumer protection regulations, it became invalid and was incorporated into the Civil Code .
Regulatory content
In its scope, the law saw entrepreneurs and consumers as contractual partners . The contracts should cover only temporarily used apartments or parts of apartments. The written form was necessary (§ 3). Advertised brochures had to contain a lot of information (§§ 2, 4). The contract could be revoked according to § 361a BGB (old version). At the same time, additional financing agreements were severely restricted. Disadvantageous contractual arrangements to the detriment of the consumer were not permitted under Section 9.
Today's regulation
On January 1, 2002, the Part-Time Housing Rights Act was repealed. Sections 481 to 485 BGB took its place . Since timeshare is often associated with holiday homes or apartments abroad, it is also used in private international law (IPR). The relevant provisions were also found in Articles 29, 29a and 34 EGBGB until 2010 .