Understanding Agricultural Law: History and Key Concepts
Understanding Agricultural Law
Agricultural law is a set of legal rules governing relations and activities of agricultural subjects and their interactions with the EDO (Estado de Derecho). This field encompasses various aspects, including history, doctrine, and jurisprudence related to agricultural holdings.
Historical Context
Lucio Mendieta y Núñez established laws and legal rules that form the foundation of agricultural law. Antonio C. Vivanco contributed to the legal order that governs the relationship between agricultural subjects, aiming to protect natural resources and promote agricultural production. Sergio García Ramírez regulates the relations that arise over the possession and use of natural assets.
Legal Framework
Before the Federal Land Reform (LFRA) in 1992, lands were inalienable, indefeasible, and subject to dispossession through expropriation laws. The return of land to the people and the invalidity of ejidatario versus subject land revocation orders were significant issues. The Land Act (LA) and the Organic Law of the Agrarian Court (LOTA) were established to address these conflicts.
Key Agricultural Subjects
- EJIDATARIOS: Individuals who hold ejido land.
- COMUNEROS: Owners of communal land.
- POSESIONARIOS: Ejidatarios’ successors who are recognized by the assembly.
- AVECINDADOS: Recognized by the assembly for over 18 years and with more than 1 year in the ejido.
- VECINO: Over 18 years and have lived in the ejido for over 1 year.
Agricultural Collective Subjects
- EJIDATARIO: General assembly members.
- COMUNEROS: Members of communal land.
- ASOCIACIONES EJIDALES: Communal ejido unions.
- ASOCIACIÓN RURAL: School parcel activities.
Legal Standards
Legal standards include Article 27 of the Constitution, which addresses agricultural property, and various federal laws related to agrarian land reform provisions.
Historical Evolution of Agricultural Law
- Indigenous Period
- Colonial Period
- Independence
- Reform
- Revolution
- Post-Revolution
Key Events in Agricultural Law
- Creation of the Alexandrine Bull by Pope Alexander VI.
- Establishment of the Indian Council of Distribution in 1513.
- First trial in 1781 regarding agricultural disputes.
- Constitutional reforms and land redistribution laws from 1824 to 1917.
Conclusion
Agricultural law is a complex field that has evolved significantly over time, influenced by historical events and legal reforms. Understanding its principles and subjects is crucial for navigating the legal landscape of agricultural relations.