The agrarian law comes from the Latin ” directum ” and consists of the principles of justice that are part of the order normative and institutional within a society. It is a set of norms that allow the people to resolve all types of social conflict. The term agrarian refers properly to the field of agriculture , which consists of those jobs that are related to the soil , the planting of products and the transformation of the environmentin order to thus satisfy the needs of human beings. This being the case, we can refer to the fact that agrarian law is related and is based on laws, regulations and provisions with respect to rustic property and rural exploitations. It takes into account the producers, the peasants and is conditioned by nature and values . It is a type of pluralist and non-class law seeking to improve the economic sovereignty of a country or region, protecting above all the ecology and renewable natural resources.
Agrarian law is itself a set of norms , laws , rules and provisions that are in charge of controlling and regulating the properties and the way in which the territory is organized , as well as the agricultural operations that may occur within a society.
- Characteristics of agrarian law
- Principles of agrarian law
- Classification of agrarian law
- Examples of agrarian law
Characteristics of agrarian law
- The right agriculture is a right realistic and objective . It is realistic because it is responsible for studying man and society within reality and seeks a way to solve and solve all the problems that can occur during agricultural activity. It is also objective because the situations it deals with exist and it seeks to resolve them based on objective facts .
- This type of right is democratic since all its norms have as main objective that the land is only for the working hands that work on it.
- It is of an economic and social nature , because its rules, laws and norms are aimed at solving a series of conflicts that may arise as a result of land tenure and exploitation of the same.
- The holder of the agrarian right is the peasant worker .
- It is part of social law , since it includes the resolution of problems within society through its norms and principles.
The agricultural and livestock activities that man performs to preserve life and for economic exploitation, is necessary for his subsistence, and this process has been carried out since the origins of humanity. The homo sapiens needed to produce food to stay and survive, therefore, conducted agricultural activities since its inception. These activities have had regulations since their inception when they began to formulate norms for the adequate human existence and to guide man.
Principles of agrarian law
The principles of agrarian law are the normative statements that are part of it without prejudice to not having been integrated into a legal system. The following are the principles of this type of law:
- Device or Office Principle: It refers to the need for the activities of the parties to secure a judicial process and the ex officio action that a judge has to follow up on the process. It is under this principle that a claim is filed, including the answer to it and the counterclaim.
- Orality Principle: This principle is the one whose main objective is that all the acts that take place during the process are carried out loud, except for those that must be formulated in a written document. It also has several principles within it such as immediacy , physical identity of the judge, concentration , publicity and free evaluation of the evidence.
- Inquisitive Principle and wide powers of the Judge: The judge has the obligation to give impetus to the processes, to direct them and to be able to question the parties with total freedom in order to assess the evidence presented.
- Principle of Loyalty and Procedural Probability: Both aspects are fundamental principles on which any procedural system must be governed. They must be respected by the parties, the lawyers and the judge . The main objective of this principle is to maintain the integrity, honesty and morals of the judge in his decisions and the way of acting on the part of the parties involved.
- Gratuity Principle: Seeks to favor the economically weak parties.
- Principle of Judge Roaming: Judges can leave their juries to seek justice in the field .
- Principle of Non-repeatability of Competition: Seeks to achieve a closeness between the judge and the scene of the events.
- Principle of Perpetuity of Competition: It establishes that after defining how to obtain knowledge of an agrarian conflict, the judge must process the process until the death of said court.
Classification of agrarian law
Agrarian law is classified into substantive agrarian law and procedural agrarian law . The substantive law is established in a set of norms that are in charge of establishing the rights and obligations , the powers and duties of the people and the sanctions that must be applied when the laws are breached. Procedural law arises when agrarian rights are violated and disrespected, the jurisdictional instance can be activated to adequately administer agrarian justice.
Examples of agrarian law
Agrarian law in Venezuela , for example, has been declining little by little since oil was discovered . In colonial times, Venezuela was highly dependent on the countryside through crops and corn, and the lands practically belonged to their owners, but when oil began to emerge, agriculture took a back seat. In Mexico , agrarian law took on its own and autonomous configuration based on constitutional guarantees . Thanks to this type of law, the agrarian reform was born, which modifies and adapts the principles and general regulations since the law began.