In the case of supervening buildability of the leased land, posed the provision of compensation to be paid to the tenant pursuant to Article 50 of Law 203/82 for the removal of the land, to be quantified alternatively in the…
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…
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,…
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…
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,…
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…
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…
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…
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.…
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…