Journal title AGRICOLTURA ISTITUZIONI MERCATI
Author/s Alberto Germanò
Publishing Year 2017 Issue 2015/2-3 Language Italian
Pages 13 P. 177-189 File size 180 KB
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The Brazilian Estatuto da terra of 1964 pursues the improving of agricultural production structures also by conferring to the tenants the preemptive right on the lands they grow, if the landowner wants to sell them. This legal instrument, that aims to have lands owned by those who actually grow them, allows not only to achieve the social function of the ownership, but also to pursue social justice aims. On this basis, the paper examines - also in the light of a recent judgemet (2016) of the Superior Tribunal de Justiça - different issues about the problem on who is the arrendatario to be preferred, if a farmer (trabalhador do campo) or an "agricultural entrepreneur", indipendently form their economic strength. In particular, the paper focuses on: the meaning of "equality of conditions" on which the exercise of the preemptive right is subject to; the tenant’s obligation to exercise his right on the whole land for sale, that involve also the rented land and the owner obligation to indicate the specific price of the rented land that is a part of the greater land for sale.
Keywords: Brazilian Law, Agrarian Preemption, Land Ownership
Alberto Germanò, La prelazione nel diritto brasiliano in "AGRICOLTURA ISTITUZIONI MERCATI " 2-3/2015, pp 177-189, DOI: 10.3280/AIM2015-002011