Explanation of Article 444
The article stipulates the nullity of a land lease contract for agriculture if the lease contract is immediate, meaning it starts from the date of the contract, and the land at the time of the contract is occupied with crops belonging to someone other than the lessee, and the time for its harvest has not yet come, and the occupation of the land with the crops is rightful. The reason for the nullity is the failure of the condition of the validity of the subject matter, which is that it must be possible in itself; thus, the subject matter of the lessor's obligation in this case is inherently impossible, as he cannot enable the lessee to cultivate the land as long as it is occupied with the crops of others. However, if the crops have reached the time of harvest, or were planted without right, then the contract is valid and the owner of the crops is obliged to remove them.
Related To
Article 444
An agricultural lease shall not take effect while the land is occupied with crops that are lawfully cultivated by a person other than the lessee but are not ready for harvesting. If such crops are ready for harvesting or if they are not lawfully cultivated, the land may be leased and the owner of the crops shall be required to remove them.