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…

Right of retention and transfer of land

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…

Right of retention

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…

Lease: improvements made to the fund and allowance

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…

The levelers

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…

Agricultural Societies

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…

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 -…