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Actual Right Forest Area - Full Text Of The Norm

Original Language Title: FORESTACION DERECHO REAL DE SUPERFICIE FORESTAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
FORESTATION Law 25.509 Consider the real right of forest area, constituted in favor of third parties, by the domain holders or condominium on a property susceptible to afforestation or forestry.

Sanctioned: November 14, 2001.

Enacted: December 11, 2001.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Refer to the real right of forest area, which is constituted for third parties, by domain holders or condominium on a property susceptible to afforestation or forestry, in accordance with the regime provided for in the Law on Investments for Cultivated Forests, and to the provisions of this Act. ARTICLE 2 The real right to forest surface is an autonomous real right on a temporary property, which grants the use, enjoyment and legal provision of the surface of an alien property with the power to make afforestation or forestry and to own the planted or acquire the property of existing plantations, and can encumber it with a security right. Article 3 The owner of the property affected to forest surface retains the right to dispose of it, and the acquisition must respect the real right of constituted forest surface. ARTICLE 4 The owner of the property affected to the real right of the forest area shall not be entitled to any other real right of enjoyment or guarantee during the duration of the contract, nor to disturb the rights of the surplus; if so, the surplus may require the cessation of the turban. ARTICLE 5o The real right of forest surface is acquired by contract, onerous or free, instrumented by public writing and tradition of possession.

It shall be inscribed, for the purposes of its effectiveness to third parties interested in the Register of Property of the corresponding jurisdiction, which shall open a new folio correlated with the previous domain registration.

ARTICLE 6 The actual right to forest surface will have a maximum duration of 50 years. In the event of a higher period of time, the surplus shall not be used for the purposes of this law. ARTICLE 7 The actual right to forest surface is not extinguished by the total or partial destruction of the planted, whatever its cause, provided that the super-official undertakes new plantations within three years. ARTICLE 8 The actual right to forest surface is extinguished by express waiver, expiration of the contractual period, compliance with a agreed resolution condition, by consolidation in the same person of the qualities of owner and surplus or by non-use for three years. Article 9 The waiver of the right by the supervisor, or his disuse or abandonment, does not release him from his obligations. ARTICLE 10. In the event of the extinction of the real right of forest area by consolidation, the rights and obligations of the owner and the surplus will continue with the same scope and effects. ARTICLE 11. The extinction of the real right of forest surface, the owner of the affected property, extends its domain to the remaining plantations, having to indemnify the surplus, except agreement to the contrary, to the extent of its enrichment. ARTICLE 12. Amend article 2614 of the Civil Code to read as follows:

Article 2614: Owners of real estate may not constitute rights of trust, or impose censuses or rents that are extended to a greater extent than that of five years, regardless of the end of the imposition, or make any link in them.

ARTICLE 13. Add to article 2503 of the Civil Code as subsection 8 "The Forestry Area". ARTICLE 14. This law is complementary to the Civil Code. ARTICLE 15. Contact the Executive.



PASCUAL RAFAEL. . EDUARDO MENEM. . Guillermo Aramburu. . Juan C. OyarzĂșn.