The Italian Legal Framework of Agricultural Land Succession and Acquisition by Legal Persons

The work outlines the Italian legal framework of agricultural land succession and acquisition by persons. issue inter-generational turnover in agriculture is a fundamental political agenda European Union particularly relevant Italy, where farms are predominantly family-owned. For this reason, intra-family preferred mechanism to transfer farm management future generations, it carried out mainly through so-called Family Pact (art. 768-bis Civil code) before death farmer. Considering type between necessary distinguish three different scenarios (that which holding currently managed as sole proprietorship business one parents; that has already been transferred children, but buildings remain property an company parents retain majority interest).The single compendium, specific institution aimed at preventing fragmentation rural land, also analyzed, well consequences its owner. Succession and/or holdings contracts considered. With regard holdings, case owner conducted or cultivated directly him his family members, art. 49 Law no. 203/1982 provides for coercive establishment lease relationship, heir who professional entrepreneur direct farmer becomes tenant law (ex lege) owned hereditary community period 15 years, corresponds minimum duration leases established/set 1 203/1982. At end said period, 4 97/1994 states heirs considered leaseholders portions included other co-heirs’ quotas, pursuant 203/1982, have right purchase, on expiration established law, ownership (at average value land) together with stocks, appurtenances, annexed sheds. last part explores rules land/holding domestic foreign There no limitations companies persons, both individuals companies. Foreign investments ownerships neither supervised nor forbidden. As result, investment not subject any government approval consent from public authority shares company. However, may be general related acquisition, planning environmental applicable property.