Os contratos agrários de parceria e arrendamento rural na ótica do proprietário do imóvel

Abstract

Agrarian contracts nowadays have a more social vision, principled fulcrum to protect society from the effects of the particular contractual relationship and undermining the autonomy of the will, has as its main principle the social function, and have as its main representatives partnership rural and farm lease, which differ by: values, duration of contract, differential taxation and of course the risk is an essential feature in the partnership contract beyond the division of profits. The risk is essential to note the difference of the contracts, as the property owner to compete this together with partner granted if the activity does not have the expected yield, contractors sometimes try to circumvent the law to enter into contracts more advantageous, as is the case of engaging in partnership form which is essentially a contract of lease, because the taxation is well differentiated (favoring the partnership, with lower taxes, since these contribute to the risk), other clauses are void as ordinary contract length and price sometimes because they lay the contractors agree impossible condition (as some have statutory provision preventing them).