One of the problems that has led to a considerable number of jurisprudential disagreements is that concerning the waiver of the exercise of preemption: specifically, at what time and by what formalities the grower can make a valid waiver of…
Art. 8, third paragraph of Law no. 590 of 1965 stipulates that the owner "must notify the farmer by registered letter of the proposed alienation by transmitting the preliminary sale and purchase agreement." This notification of one's intention to alienate…
The question has repeatedly been raised in doctrine and case law as to whether, in the case of a block sale at a single price of an agricultural fund consisting of a single body and made up of portions with…
Law 817/1971 in indicating the type of negotiation that governs agricultural preemption, expressly mentions "transfer for consideration or grant in emphyteusis." Moreover, it later mentions the word "price," and likewise the "preliminary sale and purchase agreement" as an instrument that…
Agricultural preemption finds its origin in Art. 8 of the law of May 26, 1965, no. 590, which provides as follows: "in the case of transfer for consideration or grant of emphyteusis of land leased to direct cultivators, sharecroppers, part-coloners,…
The figure of the agricultural entrepreneur by special legislative decree no. 99 of March 29, 2004, published in Official Gazette no. 94 of April 22, was revised in its entirety these in light of the current legislation turn out to…
Case of non-compliance with the tenant's right of first refusal under Art. 4 bis Law 203/82 and invalidity of the prior waiver of the relevant right, which has not yet arisen. Article 4a of Law 203/82, introduced by Art. 5…
4a law 203/82 Ineffectiveness of the new agricultural lease contract in case of non-compliance with the tenant's right of first refusal under Art. 4a law 203/82; Invalidity of prior waiver of the relevant right, which has not yet arisen. (Commentary…