Decree-Law No. 98/91 of 24 August 1991 establishing Law Courts' jurisdiction for matters relating to usufruct, lease or joint lease of rural lands, or portions of them.
Country
Type of law
Legislation
Abstract
This Decree-Law establishes that matters concerning usufruct, lease or joint lease of rural lands, or portions of them, are under the Law Courts' jurisdiction (art. 1). This Decree-Law deals with cases in which a tenant, or usufructuary, has been evicted. It establishes defences which can be presented (with or without legal representation) to the local Law Court, according to the Civil Code (art. 2). The evicted tenant may request the temporary return of the land in compliance with arts. 393-395 of the Civil Code (art. 3). This Decree-Law regulates rural lease by listing the necessary requirements for obtaining a leasing contract. The original or copy of such contract should be sent to the competent authorities of the Ministry of Rural Development and Fisheries ("Ministério do Desenvolvimento Rural e Pescas") and to the Finance Department (art. 6). The landowner must make the necessary improvements to the land and the tenant may substitute him in doing so. In such case, when these improvements do not damage land productivity the tenant is entitled to a refund (art. 12). Articles dealing with land exploitation techniques that interfere with land productivity and are not justified by reasons of land fertility may be terminated at the request of either of the parties. The landowner may rescind the lease contract if: justified by this Decree; he wants to exploit the land himself because it represents the sole source of income. If the landowner does not execute the soil overwork, or at least a part of it, the tenant may regain possession of the land, or part of it, and obtain a tax refund for damages caused by his eviction (arts. 14-17).
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Date of text
Notes
This Decree-Law revokes the following Decree-Laws: No. 37A/83, 39/83 and 41/83 of 14 June 1983; Decree Law No. 38/83 of 4 June 1983 (arts. 8, 52, 60, and 62). It also revokes Act No. 9/III/82 of 26 March 1982 (art. 44, paragraph 2, point (c); art. 45, para. 1, points (a, b, c); arts. 46, and 50) and all provisions concerning the Agricultural Reform Committees.
Repealed
No
Serial Imprint
Boletim Oficial da República de Cabo Verde, No. 34, 24 August 1991, pp. 1-5.
Source language
English
Legislation Amendment
No
Original title
Decreto-Lei n. 98/91: Declara que é da competência dos Tribunais Judiciais o conhecimento das questões atinentes a arrendamento rural, parceria, usufruto e comodato que tenham por objecto prédios rústicos ou suas parcelas.
Amends
Repeals