Decree of 27 September 1955 on

Application pratique:

This case law clarifies that the 1955 decree's criminal penalties for obstructing cultivation do not apply to consolidated plots under the 1960 law. The landlord should ignore the neighbour's claim, as the 1960 law overrides the 1955 decree. To protect his rights, the landlord should gather his consolidation documents and send a formal notice to the neighbour. If the obstruction continues, he can seek a court order for peaceful possession without fear of criminal liability under the 1955 decree.

Application pratique:

The case law confirms that Article 53(1) of the Rural Code (from the 1955 decree) does not apply to consolidated land under the 1960 consolidation law. The buyer can safely proceed with farming without fear of criminal penalties for obstructing cultivation. He should verify that the plot is indeed consolidated and keep all sale documents. To avoid future disputes, he should register his ownership and, if any claim arises, cite the 1965 decision to assert his rights.

Application pratique:

The case law makes clear that the 1955 decree's criminal provisions do not extend to consolidated plots. The co-owners can safely proceed with gardening without risk of criminal sanctions. They should document the consolidation history and the co-ownership rules. If the dissenting co-owner persists, they can seek a declaratory judgment confirming that the 1955 decree is inapplicable, relying on this 1965 decision to resolve the dispute.