An important issue with significant practical implications concerns the rights and obligations of the tenant during the period of fund retention. The question arises as to whether the tenant can make the fruits his or her own by paying only…
Continuing in our discussion concerning the right of retention, it seems appropriate to deal with a question, relevant to doctrine and jurisprudence, namely whether the exception of retention can be asserted in the judgment of release or in execution, or…
Article 17 of Law 203 of 1982 on land improvements, additions and transformations states: "...... The tenant who has carried out" improvements, additions and transformations of the fund "referred to in the first paragraph of Article 16 shall be entitled…
Article 20 of Law 203 of 1982 on the right of retention states: "The court, with regard to the economic conditions of the landlord, may order the payment in installments, within five years, of the indemnity referred to in the…
Article 21 of Law 203/82 on agrarian contracts establishes, unlike the rule in Article 1594 of the Civil Code, which relates to leases and empowers the landlord to sublease, the prohibition of contracts for subletting, subleasing and otherwise sub-granting rustic…
Speso one wonders how one comes to determine the rent of an agricultural fund. Today in light of ruling no. 318/2002 of the Constitutional Court, which declared the illegitimacy of Articles 9 and 62 of L 203/1982, it can be…
Article 4 of the law of May 3, 1982 no. 203 provides that "in the absence of termination by either party, the lease shall be deemed tacitly renewed for the minimum period of fifteen years for ordinary lease and six…
Pursuant to Art. 17 L. 203/1982, the improvements that entitle the person who carried them out to an indemnity consist of those interventions that, in addition to being the subject of a prior agreement between the tenant and the property…
Many municipalities, with the intention of making the ancient emphyteutic privileges valid, and to ask the descendants of the levelers to pay the amounts related to the enfranchisement of rents, or to restore the payment of them (obviously with the…
The benefits that were previously reserved exclusively for individual agricultural entrepreneurs were also extended to those who operate in an associated form with the 2004 reform: the status of professional agricultural entrepreneur (IAP) was also granted to agricultural companies, whose…