S.L. 573.6 · Government-Owned Agricultural Land (S.L. 573.6)
S.L. 573.6 ст. 9Death of lessee.
(1) In the event of the death of the lessee of the agricultural land, notwithstanding the provisions of any other law, the lease shall pass onto a person, or persons as determined in solidum, by the same lessee and the existing conditions prior to the lessee’s death shall continue to apply in their entirety and shall also be transferred to the new lessee:
Provided that where the lessee does not determine to which person or persons the land shall be transferred, including if the lessee died the land shall be transferred to such person ab intestato, or persons in the following order of preference:
(a) the husband or wife of the lessee;
(b) the linear descendant or linear ascendant;
(c) the husband, partner or cohabitant of the daughter or the wife, partner or cohabitant of the son;
(d) the widow or widower of the descendants provided they would not have remarried;
(e) direct collaterals and their direct descendants up to one degree only;
(f) a person who may prove to the satisfaction of the Authority that during the last year immediately preceding the lessee’s death, was living with the lessee or has been working the agricultural land with him or for him:
Provided further that in the event that there is more than one (1) person in the same category in the order established in this sub-regulation, the land may be transferred in solidum to such persons in the same category or to either of them if there is an agreement between them:
Provided further that the land may be transferred to such persons after one (1) application is submitted together with a declaration signed by a lawyer or a notary indicating the cessation of rights. The Authority shall, in its discretion, request additional documentation to process the application.
(2) If after eighteen (18) months from the death of the lessee, there is no person that submitted a request to be recognised instead of the lessee and, or there is no other person who qualifies to be recognised by the Authority as the lessee on the agricultural land to continue the lease under these regulations, the Authority shall have the discretion to regain possession of the agricultural land and everything found thereon without any right to compensation.
История изменений
- Amended by L.N. 54 of 2026