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Abstract

The Time-Share is one of the important contracts that appear in the tourism field. The contract idea is based on the participation of a large number of people who benefit from the tourist resorts and hotels for spending holidays and vacations. The beneficiary may contract with the owner of the tourist establishment to buy a share in a hotel or touristic unit or to get benefit from it. In both cases, he/she has the right of residence in this real estate unit for a limited time yearly; one week minimum and one month as maximum instead of buying a whole building which he/she may exploit for a limited time of the year and for price that may be expensive. She/he may hire it and the other contractors get benefit of the remaining time. This contract is considered as one of the new ones that need to be organized because of the many tourist companies that deal with these contracts, a case which calls for making regulations for this contract. This contract is legally allowed by the World Islamic Jurisprudence Council, yet most of the laws have not organized this contract in its legislation except the Egyptian legislation in a ministerial decision and in one item. It was also legislated in the Sultanate of Oman within tourism law and the executive bill of this law. Besides, the system of time participation and its executive bill was issued in Saudi Arabia. The multiplicity of the contracting forms listed under the name of Time-Share made it necessary to study the contract starting from its legal adaptation and then to determine the beneficiary's commitments and the owner of the tourist establishment or its exploiter in order to suggest a legal organization for this contract in Iraq to keep pace with the development in the tourism field that the world has witnessed so far.

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