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Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

TIMESHARE AND TRUST

TIMESHARE AND TRUST

Timeshare is a legal device deriving from commercial practice and characterized by a complex structure, due to the fact that it cannot be qualified as a single specific right, but rather as a bundle of rights with varying attributes and content (some of which are typical of real property law system and others of contract law system).

Italian legislature, notwithstanding both EU directives (No. 94/47/EC and 08/122/EU) and the emerging need to positively regulate timeshare as an independent legal device, showed very little ability in innovating and understanding the issues of new commercial realities. It also showed a distinct lack of awareness towards the consequences legislative choices could cause on an economic and social level. Indeed, the Italian implementation of EU guidelines raised many issues: it has proved to be both inconsistent with the main principles of the Italian legal system and inadequate in meeting market expectations. The result is a confused, inorganic regulation, which seriously lacks clarity. What remains inadequately addressed, is the problem of timeshare's legal nature, along with the coordination between the new legal form of timeshare and the general provisions on consumers' protection, especially if we consider the need for more vigorous purchasers’ protection against the risk of fraud and failure of the counter-party.

The rules laid down in Articles 69-81 of the Consumer Code (amended with Legislative Decree No. 79/2011) are undoubtedly insufficient to adjust the various ways in which timeshare interest has been created in commercial practice, and are not able to regulate the broad range of products and services offered on the market nowadays. These insufficiencies occur both in the first version of the Consumer Code – through which the means of protection set out in the EU directives were implemented, in addition to the means of protection already in place in the Italian real property law system (with reference to the transfer of real-estate property rights) – and in the amendments resulting from the implementation of the latest EU directive (which seems to accommodate the needs and characteristics of the Anglo-Saxon system, but fails to take into account the peculiarities of the Italian system).

The current version of Article 69, paragraph 1, letter a) of the Consumer Code describes the timeshare contract, in very general and simple terms, as "any contract lasting more than one year, in which a consumer acquires, for consideration, the right to use one or more accommodations overnight for more than one period of use". There is no explicit enunciation of the many different types of timeshares outlined by the practice.

Both the operator attempting to apply the law (who appears increasingly disoriented), and the consumer are hindered by all the side effects of such a contradictory and ineffective discipline.

ODOUR POLLUTION REGULATION

I. Odour pollution is a significant environmental issue that, if overlooked, can affect public amenity and the quality of life. Indeed, noxious (and even toxic) environmental odours may cause related health problems, triggering symptoms by a variety of physiological mechanisms, including exacerbation of underlying medical conditions, innate odour aversions, aversive conditioning phenomena and stress-induced illnesses.

Public awareness towards odour as an environmental nuisance has been growing over the years. The localization of housing developments near existing industrial and farming activities, the remarkable intensification of livestock farms and the increasing industrialization are among the causes of this phenomenon.

Our firm, Studio Legale Villata, Degli Esposti, Perfetti and Associates, given its extensive experience and expertise in the field of Environmental Law, has been dealing with this kind of issue, which is too often neglected by Italian legal framework and practise. We find ourselves confronted with matters concerning this subject with increasing regularity.

THE “DECREE OF DOING”: OUTLINING SOME OF ITS PRACTICAL ASPECTS

The "Decreto del Fare" ("Decree of Doing" - Law Decree 21st June 2013, n. 69,  turned into Law 9th August 2013, n. 98) contains regulations designed to simplify legal matters related to the construction industry with the purpose of helping its workers and to kick start a sector deeply affected by the economic crisis.

However not all these attempts at simplification were successful: on one hand it is important to note that the "Decree of Doing" provided an answer to certain unresolved questions, on the other hand, some provisions set out by said decree created some practical problems.

 

Our Firm, as a specialist in all sectors of Administrative Law, deals with questions concerning building and construction on a daily basis and has encountered various cases which illustrate that the application of the "Decree of Doing" requires careful consideration. The following paragraphs will deal with some of these practical matters. 

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