Exceptional agricultural leases and contracts with the public administration

The lease agreement, governed by Law no. 203 of 1982, is not among the contracts for which under Article 1350 of the Civil Code the written form is mandatory for the existence and validity of the contractual relationship, thus being…

The agrarian level: nature and competence

The livello is one of the many contractual forms still in use in the Middle Ages, but of Roman origin, under which a person, the so-called livestock man, was granted land for use, grazing or cultivation, often the sole source…

Proceedings for injunction and settlement attempt

On the subject of debt recovery arising from agrarian contracts, specifically claims arising from non-payment of rent and ancillary charges, the Supreme Court has, recently, shed light on whether or not the prior attempt at conciliation is mandatory, as provided…

Subletting: landlord forfeiture and subtenant takeover

The prohibition of subletting, subleasing and in any case subgranting of land enshrined in Article 21 of Law 203/82 on agrarian contracts, as the Supreme Court has repeatedly clarified, is not intended to protect a subjective right of the grantor…

Immissions and agricultural fund

In the area of neighborliness and the consequent necessary balancing of mutual rights, tensions are not infrequently encountered between neighbors, whether between private individuals or between private individuals and the public administration, regarding disturbances or alleged violations of the tolerability…

Preemption and plurality of tenants

Pursuant to Article 8, Paragraph 9, Law May 26, 1965 no. 590 "in the case of the sale of a land cultivated by a plurality of tenants, sharecroppers or settlers, preemption can only be exercised by all of them jointly.…

The agricultural entrepreneur in the civil code

The figure of the agricultural entrepreneur is regulated by Articles 2135 of the Civil Code, under which, following the substantial amendments made by Legislative Decree. n. 228 of 2001, an agricultural entrepreneur is either a person who carries out-even separately-the…

Exercise of the right of preemption and agrarian redemption and claim for alleged violation of the time limit of reasonable duration of trial

It is well known that there are convictions issued against the Italian State for violation of the term of reasonable duration of judicial proceedings capable of causing damage to the party in the case, that is - in general -…

The agrarian way formed by joining lands owned by neighbors

Agrarian roads are characterized by having been formed ex collatione agrorum privatorum, that is, through the contribution of the portions of land facing each other to a roadway, and by being intended for the common and exclusive use of a…

Termination of lease for serious breach of contract: relationship between conditions of claimability and content of dispute

In the event of serious default by the tenant-often due to non-payment of rent-the Legislature has provided, for the protection of the lessor, the latter's right to apply in court for a declaration of contractual termination, by virtue of the…