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

Prete, Filemona (2022) The Italian Legal Framework of Agricultural Land Succession and Acquisition by Legal Persons. AGRÁR- ÉS KÖRNYEZETJOG, 17 (33). pp. 141-154. ISSN 1788-6171

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Abstract

The work outlines the Italian legal framework of agricultural land succession and of land acquisition by legal persons. The issue of the inter-generational turnover in agriculture is a fundamental issue of the political agenda of the European Union and is particularly relevant in Italy, where farms are predominantly family-owned. For this reason, intra-family succession is the preferred mechanism to transfer farm management to future generations, and it is carried out mainly through the so-called Family Pact (art. 768-bis of the Civil code) before the death of the farmer. Considering this type of transfer between generations, it is necessary to distinguish three different scenarios (that in which the agricultural holding is currently managed as a sole proprietorship farm business by one of the parents; that in which management of the agricultural holding has already been transferred to the children, but land and buildings remain the property of the parents; and that in which the holding is currently managed as an agricultural company in which the parents retain a majority interest).

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