Rs 221.213.2 Federal Law Of October 4, 1985 On The Lease To Farm (Lbfa)

Original Language Title: RS 221.213.2 Loi fédérale du 4 octobre 1985 sur le bail à ferme agricole (LBFA)

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Federal 221.213.2 federal law on lease to farm (LBFA) of October 4, 1985 (Status January 1, 2014) Assembly of the Swiss Confederation, the art. 31, and 64 of the constitution, given the message of the federal Council of November 11, 1981, shall adopt: Chapter 1 scope of application Section 1 principle art. 1. this Act applies to the lease: a. buildings earmarked for agriculture; b. agricultural enterprises within the meaning of the art. 5 and 7, al. 1 2, 3 and 5 of the Federal Act of 4 October 1991 on rural land law (LDFR); c. accessories business not agricultural but forming an economic unit with an agricultural enterprise.

It also applies to legal acts aimed at the same goal that the lease to farm and which would make vain the protection intended by the Act if they were subjected to it.
The provisions relating to the lease of agricultural buildings also apply to lease allmends, alpine meadows and pastures, and enjoyment and participation rights.
When this Act is not applicable, or it does not contain any relevant provision, the code of obligations is applicable with the exception of the provisions relating to leases to farm on dwellings or commercial premises and those relating to the recording of the rent.

New content according to chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).
RS 211.412.11 new content according to chapter II 7 of annex 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

Section 2 Exceptions art. 2 buildings of little extent this Act does not apply to the lease: a. vines of less than 15 ares; b. other undeveloped agricultural buildings of less than 25 ares.

The cantons may, however, submit to the Act, the lease of these buildings.
If several buildings are leased by the same lessor the same farmer, their surfaces add up. It's the same when an owner divides a building between several farmers.

S. 2aImmeubles located in an area to build this Act does not apply to the lease of the buildings affected agriculture when the affermee thing is located entirely in a box to build within the meaning of art. 15 of the Act of June 22, 1979 on the development of the territory.
Farm lease contracts with the affermee thing entirely built under lease to an area to build within the meaning of art. 15 of the Act of June 22, 1979 on the development of the territory remain subject to this Act during lease term legal or, if it is longer, the contract or judicially prolonged duration.

Introduced by chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).
RS 700 s. 3 mountain pastures and pastures the cantons may derogate from the rules of this Act for the leasing of pastures, pastures, as well as rights enjoyment and participation in.

Chapter 2 lease to farm agricultural Section 1 Definition art. 4. the farm lease is a contract by which the lessor undertakes to furnish the farmer, subject to a lease, the use of a company or a building for agricultural purposes and to let him collect fruits or products.


Repealed by chapter I of the Federal law of June 20, 2003, with effect from 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

Section 2 right to preaffermage s. 5 rights of the descendants of the lessor preaffermage cantons may establish a right of preaffermage on agricultural enterprises to the descendants of the lessor who intend to exploit them themselves and are capable.
However, the descendant may oppose the right to preaffermage to a third party unless this right is mentioned in the land registry.
For the rest, the cantons regulate details and the procedure.

New content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 6 right to preaffermage in case of leasing of pastures the cantons may establish a right of preaffermage on the neighbouring mountain pastures for farmers in these regions. They regulate the details and the procedure.

Section 3 lease art. 7 initial term the initial term of a lease to farm is nine years at least for agricultural enterprises and six years at least for agricultural buildings.
The agreement providing for a shorter duration is valid unless it is approved by the cantonal authority. The approval must be requested within three months from the entry into enjoyment of the affermee thing.
The agreement is approved if the economic of a party or other objective reasons or personal circumstances warrant.
If the approval is refused or if the request is made too late, the lease is deemed concluded for the legal minimum.

New content according to chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).

S. 8 renewal of the lease the lease shall be deemed extended unchanged for the next six years: a. If it was concluded for an indefinite period and if it is has not been terminated validly; b. If it was concluded for a fixed term and if it has been tacitly renewed at maturity.

The shorter renewal agreement is valid unless it is approved by the cantonal authority. Approval must be requested within three months from the date of the renewal of the lease.
On the reduction of the initial term of the lease shall apply by analogy.

S. 9 special crops the cantons may fix another period for leases to farm on special crops, such as vines and fruit crops.

Section 4 Adaptation of the lease to the new circumstances art. 10 adaptation of tenant in general either party may request adaptation of tenant as soon as possible for the start of the year lease, when the federal Council amended the basis used for calculating of lawful tenant.

S. 11 adaptation of tenant when the value of performance each party may request revision of the value of output and the adaptation of the rent for the start of the year of lease next, when the value of the company or the building is changed permanently as a result of natural, land improvement event, increase or decrease of the surface, new construction , conversion, demolition, closing of a building or any other causes. The value of performance review and adaptation of rent may also be requested when the modification of the basic elements for the estimation of the value of performance.

S. 12 adapted from other clauses of the contract each party may request that other provisions of the contract are adapted to the new circumstances, when the continuation of the contract cannot reasonably be imposed.

S. 13 remission of rent if, temporarily, the usual performance is significantly reduced as a result of accident or extraordinary natural event, the farmer may require an appropriate furnishing of tenant for a specified period.

Section 5 disposal of the affermee thing s. 14. the sale does not break the lease if the lessor disposes of the affermee thing or if it is removed due to prosecution or bankruptcy, buyer succeeds to the lessor in the contract.

S. 15 exceptions when the affermee thing is insane for an immediate construction or public purposes or to be exploited by the new owner, the lease may be terminated.
When the purchaser intends to terminate the lease, it must, within three months from the conclusion of the disposition, declare in writing to the farmer the resiliation of the lease for the next term in the spring or autumn admitted by local usage, observing a period of one year at least.
If the lease is terminated, the farmer may, within thirty days from the receipt of termination, open action in extension of the lease. Judge extends lease at least six months and two years, when the termination is painful for the farmer or his family consequences unless it is justified by the interests of the new owner.
The lessor be liable for the damage caused to the farmer by the early termination of the lease. The farmer must leave the thing leased at the time where it will be compensated or that sufficient guarantees him will have been provided.
Early termination of the lease can be set in the Act of alienation, with the written agreement of the farmer.

Section 6 termination of lease s. 16 termination termination of a lease applies only in the written form. The person concerned may request that the leave be motivated.
The leave period is one year provided that the Act does not provide otherwise; the parties may agree to a longer period.
The absence of agreement to the contrary, leave cannot be given for the end of spring or autumn accepted by local usage.
If the praedial object is located partly in an area to build within the meaning of art. 15 of the Act of June 22, 1979 on the development of the territory, the leave may be given to buildings that are not included in the scope of the LDFR as well as for the non-agricultural part of the buildings within the meaning of art. 2, al. 2, LDFR and the contract may be continued without these buildings.

RS 700 RS 211.412.11 introduced by chapter I of the Federal law of oct 5. 2007 (2008 3589 RO; FF 2006 6027). New content according to Chapter 3 of the annex to the Federal law of March 22, 2013, in force since 1 Jan. 2014 (2013 3463 3863 RO; FF 2012 1857).

S. 17 early termination


If, because of serious circumstances, execution of the lease becomes intolerable to one of the parties, it can terminate the lease in writing, within a period of six months, for the following autumn or spring term.
Judge rules the heritage implications of termination taking into account all the elements.

S. 18 death of the farmer in the event of death of the farmer, his heirs and the landlord have the right to leave in writing, within a period of six months, for the following autumn or spring term.
If the termination is due to the lessor, a descendant of the farmer or the spouse or registered by this partner may, within 30 days, declare will continue the lease. In the case of contest of suitors, the lessor may designate who will take over the lease.
If the pretender doesn't offer sufficient guarantees of a normal exploitation of the affermee thing or other reasons make the continuation of the intolerable lease to the lessor, it may, within 30 days from the receipt of the declaration, open action for termination of the lease.

New content according to Chapter 12 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).

S. 19 resumption of leases in the event of delivery of operation when the operator undertaking agricultural, consisting partly of land property and partly leased land, provide the operation to another person, it may declare in writing to the lessor intends to take over the lease of a specified parcel.
If the lessor does not refuse within three months from the receipt of the declaration, the transmission of the lease to the picking up or that does not require, within the same period, the conclusion of a new contract with picking up, it resumes the current lease.

S. 20 meeting parcel if evaluates buildings are included in a parcel meeting, a parcel reworking of farmland or a grouping of rented land and operating mode to undergo a significant change, each of the parties has the right to terminate the lease in writing prior to the entry into force of the new operating conditions.
In this case, the early termination of the lease does not give right to compensation.

New content according to Chapter 3 of the annex to the Federal law of March 22, 2013, in force since 1 Jan. 2014 (2013 3463 3863 RO; FF 2012 1857).

S. 21 House of the farmer if, during the lease, the farmer is cause for payment of the rent, the landlord may serve written that failure to pay within six months, the lease will be terminated this term.
If the lease is terminated, the farmer is obliged to repair the damage unless it can establish the absence of any fault.

Section 7 Obligations of the farmer and the lessor s. 21aObligation to operate the farmer must operate the thing leased with care and especially maintaining the productivity of the soil.
The obligation to operate is the responsibility of the farmer in person. It may, however, under his responsibility, entrust the operation of the thing leased to members of his family, employees or members of a community formed to operate and which it is party, as well as to third parties when it comes to one-time work.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 22 maintenance, repairs the lessor is obliged to perform major repairs necessary during the term of the lease, at its own expense as soon as the farmer pointed to the need.
The farmer has the right to run itself large repairs, when the lessor is duly notified, has not taken them within an appropriate period and it has not disputed its obligation in this regard. The farmer may request compensation no later than at the end of the lease.
The farmer is obliged to provide at its expense to the proper maintenance of the affermee thing. It is required in accordance with local usage, for small repairs and, in particular, regular maintenance of paths, bridges, ditches, dikes, hedges and fences, roofs, aqueducts, etc.
The parties may agree that the farmer is obliged to perform major maintenance work, as well as major repairs.

S. 22arenovation and modified by the farmer the farmer cannot undertake renovation or modification of the thing leased beyond routine maintenance, nor bring to the mode of operation of the thing an essential change whose effects would extend beyond the term of the lease without the consent written the lessor.
When the landlord has given his consent, it may require the reclamation of the thing unless he agreed so in writing.

Introduced by chapter II art. 2 LF of 15 Dec. 1989 amending the CO (to rent and lease to farm; 1990 802 RO; FF 1985 I 1369). New content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127 4130; FF 2002 4395).

S. 22bManquement of the farmer obligations the lessor may terminate the lease in writing, with a period of six months, for the term in the spring or fall if, despite the protest or the summation of the lessor, the farmer: a. continues to avoid the obligation of holding referred to in art. 21A; b. continues to not respect the maintenance obligation referred to in art. 22, al. 3; c. does not call the thing leased in the previous state within a reasonable time, if it proceeded to a renovation or alteration according to art. 22 (a) without the written consent of the lessor.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 23 refund. Improvements and degradations the affermee thing is to be given in the State where it is located at the end of the lease.
Unless otherwise agreed, the farmer may request, at the end of the lease, fair compensation for the improvements he made to the thing leased with the agreement of the lessor.
He is entitled to no compensation for improvements that are solely the result of care owed to the thing.
He shall indemnify the lessor for damage that could prevent by a diligent administration.

S. 24 fruit farmer does not have the right fruit still hanging at the end of the lease, unless the contract of lease or local usage provides a different regime.
On the other hand, it can seek fair compensation for expenses.

S. 25 provisions outgoing farmer must leave, fodder, litter and fertilizers of the last year, to the extent required by a normal operation, unless the contract of lease or local usage provides a different regime.
If it received less on his entry in enjoyment, he is entitled to compensation for the excess. If it received more, he must replace what is missing or compensate for the loss in value.

Section 7 right of retention of the lessor s. for the warranty of the past year and the current year tenant, 25 (b) the lessor has the same right of retention as the lease rent on commercial premises.

Section 8 judicial extension of the lease to farm s. 26 action when a party to the lease gives leave to another, it may bring action in extension of the lease within three months following receipt of the leave.
If the contract concluded for a fixed term expires and no new contract is concluded, each party may bring action for extension of the lease at the latest nine months before the end of.

S. 27 judgment where the continuation of the lease may reasonably be imposed on the defendant, the judge extends the lease.
If the termination is due to the lessor, it must establish that the extension of the lease cannot reasonably be imposed upon, or that, for other reasons, it is not justified. The extension of the lease is particularly intolerable or unjustifiable when: a. farmer seriously neglected its legal or conventional duties; b. the farmer is insolvent; c. the lessor himself, his spouse, registered partner or a close relative or ally intends to personally operate the affermee thing; d. the maintenance of undertaking is not justified; e. the praedial object is located partly in an area to build within the meaning of art. 15 of the Act of June 22, 1979 on the planning for buildings that are not included in the scope of the LDFR as well as for the non-agricultural part of the buildings within the meaning of art. 2, al. 2, LDFR. The decision of the authority fixing the rent must never impede the continuation of the lease.

The judge extended the lease of three to six years. He appreciates the personal circumstances and takes into account inter alia the nature of the affermee thing and a possible reduction of the term of the lease.

New content according to Chapter 12 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).
New content according to Chapter 3 of the annex to the Federal law of March 22, 2013, in force since 1 Jan. 2014 (2013 3463 3863 RO; FF 2012 1857).
RS 700 RS 211.412.11 s. 28 adaptation of the terms of the contract by extending the lease, the judge may, at the request of one of the parties adapt the clauses of the contract to the new circumstances.

Section 9 provisions mandatory s. 29. unless otherwise provided in the Act, the farmer cannot waive the rights conferred to him or his heirs by the provisions of this chapter in advance. Any derogatory agreement is void.

Chapter 3 leasing plots s. 30 regime of authority zero cannot, without authorization, distract farming buildings or parts of buildings with a view to their lease.

The authorization is unnecessary when the affermee total does not reach 10 per cent of the original surface useful and the affermee thing includes no building.

S. 31 reasons for leave before that farmer between in enjoyment of the affermee thing, the lessor must ask permission to the cantonal authority.
The authorization is granted only if one of the following conditions is met: a... .b... .v the maintenance of the farm is no longer justified; d. the farm is located, in whole or in major part, an area to build within the meaning of art. 15 of the Federal law of June 22, 1979 on the development of the territory; e. the company is leased by plots that temporarily and will be reconstituted later as economic unit; f. the lessor is more able to exploit himself the entire domain for reasons such as illness or age advanced; g. instead of buildings or part of buildings contracted by plots other objects, better located to operate or better adapted to it, are contracted on a complementary basis.

The Authority also allows farming plots for farming if the following conditions are met: a... .b. farming plot is primarily used to improve other agricultural enterprises structures; c. any parent of a right of pre-emption or right to the allocation will resume company to operate in a personal capacity and any other person who may request allocation in personal sharing (art. 11 al. 2, BA from oct 4. 1991 on rural land law) wants to take the company in full for lease it; d. the spouse or registered partner who carry on the business with the owner approves farming plot.



Repealed by chapter I of the Federal law of June 20, 2003, with effect from 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).
Repealed by chapter I of the Federal law of 5 oct. with effect from Sept. 1, 2007. 2008 (2008 3589 RO; FF 2006 6027).
RS 700 introduced by chapter I of the Federal law of 26 June 1998, in force since 1 Jan. 1999 (1998 3012 RO; FF 1996 IV 1).
Repealed by chapter I of the Federal law of June 20, 2003, with effect from 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).
RS 211.412.11 new content according to Chapter 12 of the annex to the Federal law of 18 June 2004 on the partnership, in force since 1 Jan. 2007 (RO 2005 5685; FF 2003 1192).
Introduced by chapter I of the Federal law of 26 June 1998, in force since 1 Jan. 1999 (1998 3012 RO; FF 1996 IV 1).
Repealed by chapter I of the Federal law of June 20, 2003, with effect from 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 32 effects of the refusal of permission if she refuses permission, the cantonal authority terminates the lease for the next reasonable term in the spring or fall and ordered the evacuation of the building.
The parties may claim no compensation for the damage which they suffer because of the termination of the lease.

S. 33 to 35 repealed by chapter I of the Federal law of 5 oct. with effect from Sept. 1, 2007. 2008 (2008 3589 RO; FF 2006 6027).

Section 4Fermage Section 1Principes article contractual 35areglementations tenant may consist of either cash or a share of fruits (sharecropping), is another benefit in kind. The rights of the lessor to fruit in sharecropping are regulated by local usage, if it is not agreed otherwise.
The farmer must pay incidental expenses, unless it was agreed otherwise.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 36 right restrictions of tenant is subject to the control of the authority; It may not exceed the lawful measure.
The federal Council determines the percentage of the value of performance, compensation for expenses of the lessor and the supplement to the general benefits.
In-kind and other benefits agreed upon shall be counted against the tenant.
To secure the lease, account shall be taken of the Rentalsman that the farmer pays to the landlord for one thing rented or non-agricultural affermee something that is related to a lease to farm at agricultural character predominant.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

Section 2 calculation art. 37 tenant of an agricultural enterprise rent for farming includes: a. a percentage appropriate the value of performance within the meaning of art. the LDFR 10; b. compensation for the average expenditure of the lessor for facilities and installations (the landlord charges).

New content according to chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).
RS 211.412.11 s. 38 tenant of an agricultural building tenant of an agricultural building includes: a. a percentage appropriate the value of performance within the meaning of art. 6 of the Federal law of December 12, 1940, on the debt of agricultural areas; b. compensation for the average expenditure of the lessor for facilities and installations (the lessor loads); c. a supplement to the general benefits to the farmer supplementary farming.

In the present case, the cantonal authority may grant 15% supplements to the maximum because of the relationship of the building with the operation itself, where the building: a. allows a better grouping of land; b. is well located for the operation of the undertaking.

No supplement to the meaning of the al. 1, let. c and 2 is granted for agricultural buildings.

[RS 9 79; RO 1955 703, 1962 1315 art. 54 al. 1 c. 4 et. 2, 1979 802. RO 1993 1410 art. let 93. b]. currently: art. 10 BA from oct 4. 1991 on rural land law (RS 211.412.11).

S. 39 rent of leased things and non-farm rented things the provisions instituting measures against abuse in the rental sector apply to the calculation of rents and leased things non-farm rented things that are related to a lease to predominant agricultural character.

S. 40 percentage. Loads of the lessor the federal Council sets the percentage of the value of performance on the basis of the average rate of the first mortgages based on an average of several years and adapts it to sustainable changes in this rate.

The federal Council sets the amount loads of the lessor under consideration based on average loadings of the reference period for the estimation of the value of performance.

Repealed by chapter I of the Federal law of 5 oct. with effect from Sept. 1, 2007. 2008 (2008 3589 RO; FF 2006 6027).

S. 41 supplement to the more long-term lease where the parties agree to extend the duration of the three-year lease at least beyond the legal extension, a surcharge of 15% rent is allowed for the duration of the extension.

Section 3 control of s. tenant 42 approval of the rent of a tenant of a business undertaking shall be submitted to the approval of the authority.
The lessor must seek approval for rent within three months from the entry into enjoyment of the affermee thing or of the agreement amending the lease agreement with the farmer. The adaptation of the rent within the limits of the modification of the calculation elements set out by the federal Council is not subject to approval. At the request of a party, the cantonal authority notes how much the rent can be adapted.
If the cantonal learns that a tenant has not been approved, it opens the approval procedure.

S. 43 opposition against the lease of immovable property the cantonal authority may opposition against the rent agreed for a building.
The opposition must be filed within three months from the day where the authority was informed of the conclusion of the lease or the adaptation of tenant, but no later than two years after the entry into enjoyment of the affermee thing or adaptation of tenant.

New content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. 44 decision of the cantonal cantonal authority decides whether the rent agreed for the company or for the building is lawful.
It brings back the high rent in the lawful amount.
It shall notify its decision to the parties and shall forward to the authority that has quality opposition.

S. 45 effects of civil law the convention on rent is void insofar as it exceeds the lawful amount.
The rents paid under an agreement null can be repeated within a period of one year from the final fixing of the rent, but at the latest within a period of five years from the payment.
The nullity of the convention relating to tenant does not affect the validity of the lease.

S. 46 conventions null the parties may not waive the rights conferred on them by this section in advance.

Chapter 5 Procedure and authorities Section 1 Procedure and remedies art. 47procedure the cantons regulate the administrative procedure to the extent that this Act does not provide otherwise; the code of civil procedure of 19 December 2008 applies to civil claims.

New content according to chapter II 7 of annex 1 to the CPC from 19 Dec. 2008, in force since 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).
RS 272 s. 48 repealed by chapter II 7 of annex 1 to the CPC from 19 Dec. 2008, with effect from 1 Jan. 2011 (2010 1739 RO; FF 2006 6841).

S. 49 decision in finding made by the administrative authority at the request of a party who has an interest legitimate, the competent administrative authority on the background notes by a decision if the reduction of the term of the lease, farming plots, farming complementary or the amount of rent may be approved or allowed.

The party may seek a decision in finding before the lease is entered into.

S. 50 actions before the cantonal decisions of the administrative authority of first instance may be referred within 30 days to the cantonal authority of appeal.
The appeal authority shall notify its decision to the parties to the contract and the opponent; she communicates it in addition to the lower authority.

S. 51 repealed by chapter 18 of the annex to the Federal law of 17 June 2005 on the TAF, with effect from 1 Jan. 2007 (2006 2197 RO; FF 2001 4000).

S. 52 obligation to provide information the parties shall provide to the competent administrative authority requesting the required information and allow it to inspect the documents and conduct local visions as far as is necessary to grant permission or make a decision on opposition, appeal or finding.

Section 2 authorities cantonal art. 53. the cantons shall designate: a. the competent authorities to grant the approvals and permissions; b. the authority that has quality opposition; c. the authority of appeal.

Chapter 6...

S. 54-57 repealed by chapter I of the Federal law of 5 oct. with effect from Sept. 1, 2007. 2008 (2008 3589 RO; FF 2006 6027).

Chapter 7 provisions finals Section 1 implementing s. cantonal provisions 58. the cantonal acts based on this Act should be brought to the knowledge of the federal Department of justice and police.
The cantons will adapt their implementing provisions and the Organization of the authorities before the entry into force of this Act.
The provisions of cantonal law contrary to this Act are repealed on the date of its entry into force.

New content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

Section 2 amendment and repeal legal provisions art. 59 1. 3. …
4. the Federal law of December 21, 1960, on the control of agricultural rents is repealed.

Models can be found at the RO 1986 926.
[RO 1961 282, 1973 93 c. I 4. RO 1987 405] Section 3 provisions transitional art. 60 transitional provisions relating to the entry into force on 20 October 1986 with the exception of the provisions on the term of the lease, the leasing by plots and additional farming, this Act applies to leases which have been concluded or renewed before its entry into force. The duration of the renewal of a lease after the entry into force of the present law is governed by the new law.
If the date where the farmer has entered into enjoyment of the affermee thing can no longer be determined, the lease is deemed to have begun at the end of spring of 1973 provided for local use.
If leave is given before the entry into force of this Act and the term of leave coincides with the entry into force or grave later, the affected Party may still bring action in extension of the lease within 30 days of the entry into force of this Act.
Actions and pending applications will be judged according to the law in force at the time of the judgment or decision.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. Transitional 60aDispositions relating to the amendment of 20 June 2003 contracts on lease to farm for farming more satisfying the requirements for the minimum size of a company (art. 1, para. 1, let. b) retain their validity as such during the legal term of lease or a longer contract duration or even during the term of a lease extended judicially.
When such a lease is terminated at the end of the term of the lease and the farmer in demand the extension, the intention of the landlord to lease parcels operation does not prevent that could reasonably require that it extends the lease.

Introduced by chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).

S. transient 60bDisposition on the amendment of October 5, 2007 contracts on the lease to farm buildings devoted to agriculture, which the affermee thing is entirely located in an area to build within the meaning of art. 15 of the Act of June 22, 1979 on the development of the territory remain subject to this Act during lease term legal or, if it is longer, the contract or judicially prolonged duration.
Contracts for the lease to farm agricultural enterprises more satisfying the requirements for the minimum size of a farming business (article 1, al. 1, let. b) retain their validity as such during lease term legal or, if it is longer, the contract or judicially prolonged duration.

Introduced by chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).
RS 700 Section 4 Referendum and entry into force article 61. this Act is subject to an optional referendum.
The federal Council sets the date of entry into force.

Date of entry into force: 20 October 1986 s. 36-46, 54, al. 1, by. 4 and 5, 59, c. 4:25 February 1987 RO 1986 926 [RS 1 3; 1996 2503 RO]. In the disp. mentioned are currently the art. 104 and 122 of the Cst of 18 April 1999 (RS 101).
New content according to Chapter 7 of the annex to the Federal law of March 24, 2000 on jurisdiction, in force since 1 Jan. 2001 (RO 2000 2355; FF 1999 2591).
FF 1982 I 269 formerly prior art. 22. new content according to chapter I of the Federal law of June 20, 2003, in force since 1 Jan. 2004 (RO 2003 4127; FF 2002 4395).
Introduced by chapter II art. 2 LF of 15 Dec. 1989 amending CO (to rent and lease to farm), in force since 1 Jul. 1990 (1990 802 RO; FF 1985 I 1369).
New content according to chapter I of the Federal law of 5 oct. 2007, in force since Sept. 1. 2008 (2008 3589 RO; FF 2006 6027).
Formerly before art. 36 formerly prior art. 36 ACF of 2 June 1986.
O the 11 Feb. 1987 (RO 1987 405) State on January 1, 2014

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