LA CAPACIDAD DE LAS PARTES CONTRATANTES EN LA LEY 49/2003, DE 26 DE NOVIEMBRE, DE ARRENDAMIENTOS RÚSTICOS, MODIFICADA POR LA LEY 26/2005, DE 30 DE NOVIEMBRE DE 2005.

Abstract

This paper examines the capacity of the parties to a rural lease. This matter is regulated in section 9 of the Rural Lease Act, which was extensively amended in 2005. Rural leases may be made between individuals or legal persons. As currently worded, the act neglects to require individuals to have the capacity to enter into contracts under the rules of general law. We analyse the reintroduction of the concept of the agricultural professional, which is important, especially in regard to the ability to exercise prospective and retrospective rights of first refusal and in regard to the size an agricultural operation must have (Size restricts what leases can be made). A tenant may be an agricultural cooperative, a community farming cooperative, an agricultural processing society, a joint ownership arrangement or, in short, any legal person whose purpose includes agricultural activity or some activity complementary to agriculture.