Usucaption: possession is worth title, interruption of possession and special cases

The legislature has contemplated alongside ordinary usucaption a type of usucaption that the doctrine calls "special" because of the peculiar characters that distinguish it. This institution is one that is often summarized through the formula "possession is worth title" or…

Time and acquisition in usucaption

In usucaption, the passage of time is an essential element in the emergence of the right. The length of time required to usucapate varies according to: Of the asset category; Of the subjective situation of the possessor (good or bad…

Notes on the right of usury of rustic land

Article 1159 of the Civil Code states, "The ownership of rustic land with attached buildings located in municipalities classified as mountainous by law is acquired by virtue of continuous possession for fifteen years. A person who acquires in good faith…

Rights to aid (CAP) and their legal nature, the pledge, attachment and garnishment

The circumstance of the subjection of aid rights to acts of private autonomy - together with the prominence of an autonomous patrimonial value of the same that follows from the express provision for their circulation separately from the land -…

The circulation regime of rights-titles to aid

The relevant legislation provides for the possibility that the farmer to whom the quotas have been allocated may, as an alternative to claiming payment for them, transfer them, only, to another farmer established in the same member state, except in…

The peculiarities of the single payment scheme for payment of payment entitlements

The single payment scheme established by Regulation No. 1782/2003 operates through modes of intervention that are profoundly different from the previous schemes, providing for the payment of a subsidy to farmers linked exclusively to the size of the total farm…

Rights to aid in general

Since 2003, the legislature has pursued the reform of one of the most important policy areas of EU law, namely the common agricultural policy, the so-called CAP. The first phase of this reform involved agricultural support schemes. The second phase…

Single compendium and successions

The inheritance system by essentially protecting the interests of the family leads to the splitting of property in inheritance division. The legislature has dictated special "agrarian succession" rules, providing for the nullity of splits, even mortis causa, of the so-called…

The transcription of the indivisibility lien and the form of the deed of purchase

Legislative Decree. 99/2004 states that "Land and its appurtenances, including buildings, constituting the single compendium, shall be considered indivisible units for ten years from the time of incorporation and during that period may not be subdivided as a result of…

Establishment of the single compendium

The commitment to establish the single compendium and to cultivate or conduct it as a direct farmer or professional agricultural entrepreneur for a period of at least ten years after the transfer must be evidenced by a special declaration made…