Decree-Law No. 38/83 regulating rural land leasing contracts.
Country
Type of law
Legislation
Abstract
In compliance with Act No. 15/II/82 (art. 1, para. 5) of 26 March, and with article 75, paragraph 1, point (f) of the Constitution, the Government of Cape Verde regulates the rural leasing contracts for lands not subject to expropriation, according to the Agricultural Reform Act. It also regulates rural sharecropping and rural land leasing which remain temporarily in force in compliance with articles 9 and 23 of the aforementioned Act. This Decree-Law is divided into 9 chapters concerning conditions, terms and requirements for obtaining such leasing contracts. Chapter 1 (General provisions) defines rural contracts for agricultural, livestock and forestry exploitation, by specifying duties and competencies of the parties. Chapter 2 (Contracts) sets forth administrative procedures for such contracts and lists clauses, expiry dates, landowner's and lessee's rights, land improvements, etc. Chapter 3 (Dissolution of leasing contracts): Termination of leasing contracts shall be possible through landowner's authorization, according to the Law. Chapter 4 (Expiry date of contracts): cases in which such contracts may continue. Chapter 5 (Contract revocation): cases in which the landowner may request the immediate revocation of the contract. Chapter 6 (Sharecropping) defines a "sharecropping contract"; it also establishes harvest share quotas, contract clauses, etc. Chapter 7 (Control) lists the authorities competent for monitoring the fulfillment of contractual obligations. Chapter 8 (Sanctions). Chapter 9 (Final and transitional provisions).
Attached files
Web site
Date of text
Entry into force notes
This Decree-Law enters into force together with the Agricultural Reform Law.
Notes
This Decree-Law revokes all contrary legislation and in particular: Decree-Law No. 47.314; Ministerial Decree No. 7.873; Decree-Law No. 7/75 of 13 August 1975 and Decree-Law No. 74/77 of 13 August 1977 (arts. 9-25).
Repealed
No
Serial Imprint
FAO Collection of the Ministry of Rural Development and Fisheries: Published legislation 1975-1985, pp. 167-187.
Source language
English
Legislation Amendment
No
Original title
Decreto-Lei n. 38/83: Regula os contratos de arrendamento rural vigentes de prédios que não devam ser expropriados, nos termos da Lei de Bases da Reforma Agrária.