چکیده:
A farmer is a person who farms with his instruments and implements in the land of someone else with his consent. The crop which is obtained by the farmer’s work is contributed to both the farmer and the landowner on a share- cropping. The landowner’s share of profits is for his possession of land and the farmer’s share of profits for his work and tools and the expenses which he has done to run his operation. After the end of the contract، what have been produced which are included trees، buildings، Utilizable roots and etc. in the land for the farmer. This ownership causes the right of priority for the farmer in land use which it has not been mentioned clearly in laws. The determined right leads to continue the relationship between the farmer and the landowner after the end of the contract and none of them is able to cancel it one-sided.
خلاصه ماشینی:
3. Article 10 of the Law for Increasing Productivity in the Agricultural Sector and Natural Resources passed in the year 1389: Banks and financial and credit institutions are obliged, in granting banking facilities to agricultural and natural resource projects, to evaluate the undivided documents of owners and the agricultural patterns (nasaq) of farmers and individuals in proportion to their undivided share of the current market price of the total undivided property, and to accept lease contracts, or exploitation contracts, or usufruct rights from national and state lands, and ownership deeds of constructed improvements as collateral and guarantee for granting facilities.
In this regard, reference can also be made to Note 2 of Article 5 of the Legal Bill on the Method of Purchasing and Owning Lands and Properties for the Implementation of the Government's Public, Developmental, and Military Programs, passed 17/11/1358 can be cited: If, in the property subject to the transaction, there are rural buildings lacking ownership documents, as well as any structures or rights such as the right of roots (haqq al-risah), the cost of plowing, seed, fertilizer, and other labors that the farmer has incurred to prepare the land, the value of the structures and the rights related to them shall be determined either according to existing contracts between the farmer or according to local regulations or customs, or by experts, and shall be paid to them from the total value of the property, with the remainder being paid to the owner.