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Which JURISDICTION is applicable to my timeshare contract? Feb 21, 2016

Referring to the Law 42/98 and contracts signed between the 5th of January 1999 and the 17th of March 2012 there are many questions that have been asked about what can be done.

– What if my resort is in Spain but their jurisdiction is outside of Spain. Does the law 42/98 apply to my resort?
– If my Timeshare Company has bought in Floating weeks and a points based system and jurisdiction is outside of Spain, does the Law 42/98 apply?

Remember, any timeshare company operating in Spain, has to operate according to the Spanish Law. The Law 42/98 reflects this in its Second Additional Provision, titled; “Imperative nature of the Law”.

If you have signed a contract in Spain, with a Spanish company, you case tends to be easier to win in front of a Spanish Court. If you signed outside of Spain, it could be harder.

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