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…

Agricultural exchange and preemption

For the purpose of exercising the right of first refusal, Art. 8 of l. 590/1965 expressly provides for the "transfer for consideration or grant in emphyteusis" of the land subject to the right, recalling, moreover, both the term "price" and…

Sharecropping and conversion to lease (part one)

The sharecropping contract, as well as the contract of colonia parziaria, fall-or rather fell-under the category of associative contracts, that is, those contracts in which the parties confer goods or services in pursuit of a common purpose, This type of…

Sharecropping and conversion to lease (part two)

It was not until the advent of the Agrarian Law (l. 230/82) that the real breakthrough came regarding the prohibition of agrarian association contracts. In addition to reiterating the ban on sharecropping contracts (Art. 45 l. 203/82), the new law…

Exceptions to the forfeiture of tax benefits in case of renting the fund before the five-year period from the purchase

The main instances of forfeiture of the favorable tax regime, with effects retroactive to the time the deed was signed, are explained in Art. 7 l. 604/1954, which provides for the forfeiture of benefits for a claimant who has voluntarily…

Small farm property relief

Small peasant property is defined as the mode of conducting agriculture in which the figure of the worker comes to coincide with that of the farmer, whose Farm is small in size and befitting at most the size of the…

Right of first refusal and redemption of the neighbor engaged in farming activities

The neighbor's right of first refusal and redemption, already discussed above, arises in the hands of the direct farmer who meets the requirements of Art. 8 l. 590/1965 at the time of putting up for sale the land adjoining one…

Rural building and tenant’s right of first refusal

The right of first refusal recognized in the head of the tenant farmer-director consists of the right to be preferred, over another person and on equal terms, in the constitution of a legal transaction and, in the agricultural sphere, concerns…

Agricultural preemption in case of sale of co-ownership share of land

Often practice brings to our attention cases of sale of agricultural land by private individual to agricultural entrepreneur, already a 50 percent co-owner of the fund. In such a case, the question arises whether there is a right of first…

The subleasing of rustic funds

A sublease agreement is a contract by which one party, called the subgrantor, agrees to let the other party, called the subtenant, enjoy a specific piece of land, for a given period and for a given fee, for the purpose…