Supervening constructability of the fund

During the term of an agricultural lease, it may happen that, as a result of the change in the zoning plan, some or all of the contracted land changes its zoning designation from being "agricultural" land to "building" land. The…

Rural property reorganization: brief overviews

The goal of fostering rural development and a more rational management of the national agricultural compendium, must--necessarily--be assessed on the one hand by setting a maximum and a minimum measure, so as to ensure the reconstitution of rational production units,…

Revocation of denuntiatio after the period for exercising the right of first refusal has expired

On the subject of agricultural preemption, while on the one hand the Supreme Court has, recently, reiterated that the proposed sale is not revocable before the period of thirty days stipulated by law for the exercise of the right of…

Revocability of denuntiatio

Agrarian preemption, both that which accrues to the neighboring owner and that which accrues to the tenant farmer, is nothing more than the right recognized in the heads of the aforementioned individuals to be preferred to others, on equal terms,…

Termination of contract: replacement of tenant and division of fund (part one)

The lease of land in the agrarian context, although it can validly be stipulated either in written or oral form, responds to the need/possibility of the owner of the productive property to let another person, the tenant, enjoy the same…

Termination of contract: replacement of tenant and division of fund (part two)

Unauthorized replacement of the tenant constitutes, outside the cases currently provided for, a breach of the obligation of faithful performance of the contract, consequently assessable as a cause for termination under Article 5 l. 203/82. On this point, jurisprudence has…

Termination of contract due to loss of direct farmer status

An essential element for the purpose of entering into a valid and effective agrarian lease contract is the tenant's qualification as a direct farmer, the definition of which is derived from the provisions of Article 31 of Law no. 590…

Agrarian lease concluded with the usufructuary

Although a lease is generally entered into between the property and the tenant, our law provides that the usufructuary can also enter into valid and effective leases that-if certain requirements are met-can continue even after the termination of the usufruct.…

Preemption and plurality of neighbors: applicability of preferential criteria

The neighbor's right of first refusal, governed by Article 7 of Law 817/1971 in coordination with Article 8 of Law 590/1965-with the exclusion, however, of the requirement that the land has been under cultivation for at least two years, given…

Lease agreement and plurality of owners

The conclusion of an agrarian lease contract between a direct farmer and the grantor, the sole owner of the land, does not cast any doubt on the validity of the contract in the presence of the agreement of the two…