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. | Land Portal

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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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