For years, there has been much uncertainty about the validity of timeshare contracts, especially regarding durations exceeding 50 years and the use of the so-called “floating weeks.” However, a recent ruling by the Plenary of the Supreme Court (judgement No. 1524/2025, of October 30th) has clarified these points and provides greater legal certainty for owners.
- Duration Exceeding 50 Years
The Supreme Court establishes that tourist resorts existing prior to Law 42/1998 may maintain contracts with a duration greater than 50 years or even for an indefinite period, if this was included in the deed of adaptation. Validity depends on the developer’s decision, not on the date each owner signed the contract.
- Validity of “Floating Weeks”
The Supreme Court confirms that these systems are valid provided that the contract includes clear rules for assigning the apartment and the period of use. Flexibility is considered a characteristic of the product and not a ground for nullity, as long as the resort, type of accommodation, season, and conditions are well-defined.
- What Does This Ruling Imply?
It represents a significant shift: many contracts previously annulled could now be considered valid. Given that every case is different, we recommend a personalized analysis.
If you have doubts about your timeshare agreement, PLANA VENTURA GARCÉS can advise you and assess your situation in accordance with this new jurisprudence, or alternatively, assist you with any related real estate matters you may require.
