In identifying the subjective requirements for being able to establish a single compendium, the legislature in the legislation on the single compendium refers to "those who undertake to establish a single compendium as a direct grower or professional farmer." The…
Legislative Decree. March 29, 2004, no. 99, expressly in co.1^ of Art.5-bis reads, "unless otherwise provided for by regional laws, single compendium means the extent of land necessary to achieve the minimum level of profitability determined by the regional rural…
The discipline of the compendium is identified by Legislative Decree 99/2004 as amended and supplemented by Legislative Decree 101/2005, introduced the figure of the single compendium. Such compendium replaces the former "minimum cultivation unit." The Italian legislature has extended to…
By declaring redemption, the farmer replaces himself in the same position as the third party purchaser, in the sense that a kind of restitutio in integrum of the cultivator takes place, with effect ex tunc. Case law has posed the…
Another problem relating to retraction is that inherent in the assertion (ref. Cass. Dec. 23, 1974, No. 4388) that transcription in favor of the third party does not prevent purchase in favor of the farmer who has exercised redemption after…
Art. 8 last paragraph of Law no. 590 of 1965 provides that to the persons referred to in the first: the tenant, sharecropper, settler or co-sharer "shall be preferred, if direct cultivators, the co-heirs of the seller." There is uncertainty…
Particular and delicate is the issue of simulation, often the same is put in place to discourage the grower from applying for the preemption procedure, or to contest that the type of negotiation falls within the scope of the negotiations…
Neighbor preemption, when there is more than one contiguous land, entitles all neighbors to exercise the right of preemption. If only one exercises it, no problem arises. If they intend to exercise the right of first refusal in more than…
Art. 7 of Act Aug. 14, 1971, no. 817 extended agrarian preemption to the direct cultivator who owns neighboring land (so-called neighbor's preemption) with the following provision: the "right of preemption is also granted to the direct cultivator who owns…
One of the problems that has led to a considerable number of jurisprudential disagreements is that concerning the waiver of the exercise of preemption: specifically, at what time and by what formalities the grower can make a valid waiver of…