State Act

Code of Comunidades of 1961

Art. 340 – Any objection against the request for emphyteusis can only be brought up, within the period of thirty days referred to in the article 330. § 1. After the objection is received and the comunidade is heard, the administrator shall stay further proceedings in respect of the contested portion of land and continue the proceedings in respect of part on which there is no objection, provided the applicant so desire. § 2. The objection shall be put in writing and signed by the objector with the signature attested by the Notary, and on the same the administrator shall pass his order deciding the objection or directing the parties to approach the court through the ordinary means if the dispute is concerning possession and title of the property. § 3. If the objection cannot be decided without inspection of the property, necessary data shall be collected on the inspection referred to in the article 332, and the claimant, upon notice, may formulate any queries and produce any document. § 4. If the applicant, inspite of knowledge, that the parties have been directed to approach the court, insists on the grant of lease, the proceedings shall be taken and the grant shall be granted with all the legal formalities, but on the clause that the comunidade shall not be answerable for the eviction of the grant, nor bring objection to any delivery of the plot, and further, with the clause that the grantee will subrogate of all the rights of the comunidade. § 5. In case of the declaration referred to in the previous paragraph, of which record shall be made, the provisions of the paragraphs 8 and 9 of this article shall not be complied with and the objector may enforce his rights against the emphyteuta at any time, observing the provisions of general law. § 6. In the case provided in paragraph 4, the grantee is bound to pay to the comunidade the respective foros, until the date of the final court decision, directing the reversion of the land to the objector, become res judicata or to the one who legally represents him. § 7. In the defence of the suit filed by the objector, in the case of paragraph 4, the grantee, for all purposes, shall be considered the legal representative of the comunidade. § 8. The objectors whose objection are to be decided in the judicial courts, shall produce, within thirty days from the date of notice of the order which is referred to in the paragraph 2 of this article, a certified copy that the competent plaint has been presented in the court, on the pain of the objections being considered of no effect and the proceedings to take normal course for the grant of emphyteusis. § 9. The objectors are equally obliged to present in the administration office every three months, a certified copy indicating that the case proceeds it normal course, failing which the sanction imposed in the previous paragraph shall follow. § 10. If the suit is decided finally in favor of the comunidade, the application for grant of emphyteusis shall follow its course.