Category: Analyse
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Can the farming lease be continued by the heirs after the death of the lessee? If so, what are the conditions?
1. General principle The rules provided for in the Farming Lease Law for when the lessee dies are taken over in the Farming Lease Decree, albeit with some legalistic and linguistic adjustments. In principle, the farming lease continues in favour of the heirs or successors unless: 2. To what extent do heirs have the right…
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The social criminal code reformed: what are the main changes?
Recently, the Social Criminal Code has undergone a significant reform, marking an important shift in the fight against illegal employment and social fraud. The main changes aim to strengthen penalties and expand control measures to better protect workers’ rights and ensure a fairer labor market. This article provides an overview of the key modifications to…
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Is sublease and assignment of farming lease possible? If so, under what conditions?
1. Sublease and assignment of lease The provisions of the Farming Lease Law regarding the sublease and assignment of lease to other persons than privileged family members, are partially taken over by the Farming Lease Decree, but with legislative and linguistic adjustments, and are supplemented. It is a frustration for many lessors that more than…
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Can a farming lease tenant erect buildings on the land or carry out works?
1. Can a farming lease tenant erect buildings or carry out works? The relevant regulations in this regard are incorporated into the Farming Lease Decree. Under the continued application of Articles 1722 and 1724 of the old Civil Code, tenants have the right, except in cases of valid termination, to: For certain minor infrastructure works,…
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How can farming lease payments be made? Is payment in kind still possible? Is there still a maximum lease price?
This article delves into the methods of fulfilling farming lease payments, the existence of a maximum lease price, the potential for disputes over payment, and the conditions under which a farming lease price can be revised or increased.
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How can a farming lease agreement be terminated by the lessee?
Flemish Farming Lease Decree explained (Part 8) The first farming lease legislation, dating back to 1929, aimed to balance the lessor’s dominance by providing legal protection for the lessee. This legislation included provisions on a minimum lease duration of nine years, the obligation for the lessor to issue a termination notice to end the farming…
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How does the termination compensation of a farming lease agreement get calculated?
Flemish Farming Lease Decree explained (Part 7) 1. The fixed compensation Due to the extensive freedom under the Farming Lease Law, parties often used the scales established by provincial agricultural chambers to calculate the termination compensation or agreed that the termination allowance would be twice the farming lease price. This not only caused confusion and…
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Are cryptocurrency capital gains to be declared as taxable income?
1. Three possible tax qualifications There is (still) uncertainty regarding the tax treatment of cryptocurrency capital gains. This mostly concerns the tax treatment of capital gains that can be realised on the sale or conversion of cryptocurrency. If such capital gains are realised by an individual, three possible tax qualifications are conceivable: Although this ambiguity…
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Can the termination of a farming lease agreement be requested if the tenant or landlord fails to fulfill their obligations?
If one of the parties fails to fulfill their obligations, the termination of a farming lease agreement can be requested. In this article, we examine to what extent this is possible when the tenant or landlord does not comply with the terms of the farming lease agreement.
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Influencers, the rules applicable to your social media marketing
1. Influencers are undertakings Unlike France or Italy, for example, Belgium has no specific legislation regarding influencers or social media marketing. The question therefore arises as to which rules influencers must comply with in Belgium. According to Belgian (and European) law, influencers are considered “an undertaking” when they advertise or sell products on a regular…