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 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…
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…
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…
Legislative Decree. March 29, 2004, no. 99, expressly in co.1^ of Art.5-bis reads, "unless otherwise provided for by regional laws, single compendium means the extent of land necessary to achieve the minimum level of profitability determined by the regional rural…
The discipline of the compendium is identified by Legislative Decree 99/2004 as amended and supplemented by Legislative Decree 101/2005, introduced the figure of the single compendium. Such compendium replaces the former "minimum cultivation unit." The Italian legislature has extended to…
By declaring redemption, the farmer replaces himself in the same position as the third party purchaser, in the sense that a kind of restitutio in integrum of the cultivator takes place, with effect ex tunc. Case law has posed the…
Particular and delicate is the issue of simulation, often the same is put in place to discourage the grower from applying for the preemption procedure, or to contest that the type of negotiation falls within the scope of the negotiations…
Neighbor preemption, when there is more than one contiguous land, entitles all neighbors to exercise the right of preemption. If only one exercises it, no problem arises. If they intend to exercise the right of first refusal in more than…
Art. 7 of Act Aug. 14, 1971, no. 817 extended agrarian preemption to the direct cultivator who owns neighboring land (so-called neighbor's preemption) with the following provision: the "right of preemption is also granted to the direct cultivator who owns…