Rural property reorganization: brief overviews

The goal of fostering rural development and a more rational management of the national agricultural compendium, must--necessarily--be assessed on the one hand by setting a maximum and a minimum measure, so as to ensure the reconstitution of rational production units,…

Revocability of denuntiatio

Agrarian preemption, both that which accrues to the neighboring owner and that which accrues to the tenant farmer, is nothing more than the right recognized in the heads of the aforementioned individuals to be preferred to others, on equal terms,…

Termination of contract due to loss of direct farmer status

An essential element for the purpose of entering into a valid and effective agrarian lease contract is the tenant's qualification as a direct farmer, the definition of which is derived from the provisions of Article 31 of Law no. 590…

Preemption and plurality of neighbors: applicability of preferential criteria

The neighbor's right of first refusal, governed by Article 7 of Law 817/1971 in coordination with Article 8 of Law 590/1965-with the exclusion, however, of the requirement that the land has been under cultivation for at least two years, given…

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…

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…

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…

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…

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…