Improvements, Additions and Transformations

Wanting to deal with the improvement works provided for by the legislature, it is necessary to distinguish preliminarily between Improvements, Additions and Transformations. For all cases there is an aptitude to change the fund, increasing its: a) productive capacity: themaximum…

The farming family

The cultivating family, an institution taken into consideration today, as well as in other regulations of the agricultural sector is also dealt with in the agrarian law, which in providing for preemption recognizes its existence. The rules on agrarian contracts…

Form of agricultural contract – written contract

For the purposes of the Agricultural Legislation, Act no. 203/1982, private agreements made and duly signed between the parties are valid. If the parties intend to put in place a contract with a duration of less than the 15 years…

Form of agricultural contract – verbal contract

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: it can…

Forfeiture of PPC benefits

The topic under consideration this month concerns tax benefits for the purchase of agricultural land with special reference to the forfeiture of the same following the conclusion of a temporary lease store. In Judgment no. 6688, the Justice of Laws,…

Biennial bottom cultivation

Let us return to a detailed analysis of one of the conditions that allow the cultivator, settled on the land, to exercise preemption, and that is the circumstance that the direct cultivator cultivates the land for a certain period of…

Contiguity of funds

The concept of "adjoining fund" has been held to correspond either to that of adjoining in the legal sense, or to that of physical and material contiguity, by mutual contact along the common demarcation line, whether this demarcation line is…

Right of resumption

Article 42 of the Law on Agricultural Contracts states that: The grantor, read lessor, who has become the owner of the land for at least one year may obtain for himself, or for a member of his family who qualifies,…

Congruity of security in case of exercising the right of retention

The court of Modena in Judgment no. 3/2004 of June 09, 2004 Agraria dealt with the issue of guaranteeing the payment of compensation due to the tenant as a result of improvements made by him to the fund. The court,…

The allowance for improvements made prior to the new rustic land law

The point of reference is once again Article 15 of the Agrarian Law, the last paragraph of which states verbatim, "the provisions of this article shall also apply to improvements provided for in the contract and agreed upon by the…