The legal concept of farming rental is in the article .1 of Law 49/2003 of November 26, 2003 which provides that "leases are considered rural when one or more farms or parts of them are assigned for agricultural use, livestock or forestry in exchange of a price or rent. "
Three elements make up this kind of contract:
- The temporary cession of one or more farms or parts of them.
- The agricultural, livestock or forestry use of such properties.
- The transfer occurs for a fee or rent.
a) The temporary transfer of rural property.
The contract is the rural plot, whose characterization is given by the destination for agricultural use, livestock or forestry and because of its rural nature.
The assignment must be temporary, as this is one of the features of this type of contracts.
b) Transfer to agricultural use.
RAMOS DE ARMAS, a legal author, says for these purposes that "the purposed use of the estate is a structuring element of the contract. Being a contract which grants the use and enjoyment of an estate, the really substantive is not the farm itself, but the purposed use that has, to the extent you could say that the letting of rural properties is intended not the property but their use in agriculture, livestock and forestry. "
c) Existence of income or price.
The need for this requirement is elementary given the onerous character of the contract
.jpg)
.jpg)
.jpg)
Lemons by Asleeponasunbeam at Flickr.com