LA NOTIFICACIÓN PARA EL TANTEO EN LA LEY DE ARRENDAMIENTOS RÚSTICOS.

Abstract

Notification constitutes the vital core of the prospective right of first refusal that article 22.2 of the 2003 Rural Lease Act grants to rural lessees. The giving of notice of first refusal, in addition to giving rise to the creation of the prospective right of first refusal, as the Supreme Court has declared, starts the countdown to the deadline for the exercise of the lessee's preferred right to purchase. The central portion of this paper is devoted to the comprehensive study of the notice of first refusal and the related doubts that arise, taking account of the solutions proposed by doctrine and case law. One issue of special importance is that which refers to the legal nature of notices of first refusal; this is necessary groundwork for understanding the effects produced by the exercise of a prospective right of first refusal of a rural lease. In addition, it is vital for comprehending the prospective/retrospective mechanism as configured in Act 49/2003 on Rural Leases. Once the issue of the legal nature of the notice of first refusal of a rural lease has been cleared up, the conditions will be right for tackling other essential aspects, such as the purpose, requirements and effects of the notice. The regulation is not as clear on these issues as would be desirable. To wind up, the paper specifies what the effects are of exercising a prospective right of first refusal of a rural lease in accordance with the concept of the notice of first refusal that is defended in this paper as a non-business legal act.