Farms And Grazing Land Agricultural Leases - Full Text Of The Norm

Original Language Title: EXPLOTACIONES TAMBERAS Y A TIERRAS DE PASTOREO ARRENDAMIENTOS AGRICOLAS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Ministry of Agriculture LEY No. 12,842

Buenos Aires, September 19, 1946

WHY:

The Senate and Chamber of Deputies, etc.

Article 1 . Seize on a mandatory basis the 20 per cent reduction in the prices of agricultural leasing, subarriendo and cession, whatever its modality, during the period established in Article 30. The percentage of the fixed reduction will be applied on the current lease prices as at 1 July 1940, deducting from the same the resulting reduction to obtain the prices to pay.

Art. 2° La The sale established in the previous article will govern for the provinces of Buenos Aires, Santa Fe, Córdoba, Entre Ríos, San Luis (Pedernera, Capital, Pringles and Chacabuco), Santiago del Estero (departments Rivadavia, Aguirre, Belgrano and Veintiocho de Marzo) and the governorate of La Pampa, provided that the land is dedicated to:

(a) Agricultural exploitation;

(b) Agricultural exploitation, when the part dedicated to agriculture is more than 30 per cent of the leased surface, the sale must be applied on the cultivated part, whose products are intended for direct sale.

Art. 3° . In the case of intensive farms, such as horticultural, nursery and floriculture, the reduction set out in Article 1 shall be governed by the whole country and shall apply on the current location price as at 1 January 1946 and beginning on 1 August of the same year, deducting in proportion the payment period covered by this last date, be the price paid in advance or for expired periods.

Art. 4° . When the parties have agreed prior to this law a price of location lower than that resulting in the application of the reduction referred to in Article 1, that price shall be maintained for the agreed term.

Art. 5° . When, after July 1, 1940, a change in the form of payment of money to kind had been made, the 20 percent reduction will be made on the basis of the rental price that would normally be in the area in that year for payment in kind.

Art. 6° . When, after the 1st of July 1940, the leased predium would have been allocated to crops for whose exploitation is normally paid rent prices much higher than that paid on that date, the sale will be applied on the new price that would have been set for such reason.

Art. 7° . If in 1940 the predium had not been leased for agricultural exploitation the 20 per cent reduction will be applied on the price paid as at 1 July of that year for the neighboring properties, on a five-kilometre radius, provided that they were intended for the same type of exploitation as that of that predium today and the same is carried out in similar conditions.

Art. 8° . If as of July 1, 1940 the predio had been sublocated, then directly contracting the locator with the sublocator, it will be taken as a basis, for the purposes of the application of a reduction percentage, the price and payment form that it paid on that date.

Art. 9° . Sublocators will not be able to obtain with sublocation a profit margin greater than 10 percent of the price set in the lease.

The sub-locator who infringed this provision will be liable to a fine of up to half the annual lease price.

Art. 10. . In the cases of contracts within which the total period of validity is stipulated different leasing prices, being the corresponding to the first period of payment less than the subsequent ones, per percentage will apply on the price set for the first payment and the reduction will be deducted from the same, although the one in force as of July 1, 1940 was higher.

Art. 11. . In contracts stipulating a fixed price as a base per hectare and an additional one depending on the increase in the price of the products, the 20% reduction will be made on the fixed price and the additional one will not be charged. If the resulting price is lower than that normally charged in the area, the locator may request from the Land Regime Directorate to set the corresponding lease.

Art. 12. . They are not covered by the sale of the goods contracts, understood by those in which both contracting parties make equivalent contributions in the expenses of exploitation of the premises, for which purpose the locators must carry a simple accounting system, by which they can be verified at the time required by the Land Regime Directorate of the Ministry of Agriculture of the Nation, at the request of either party.

In the event that the contract is verified to be of mediumship, the Earth Regime Directorate shall establish the appropriate lease, in accordance with the area and quality of the field, following the intervention of the representatives referred to in article 34, subparagraph (d).

Art. 13. . When by force majeure the tenant could not fulfill the obligation imposed in the contract, to deliver the bagged product, he will be empowered to do so in bulk for an equivalent value, including the bag. The value of the bag shall be established in accordance with the official prices set by the Executive.

Art. 14. . It will be void and without any value any clause of the lease in kind that compels a certain selection in the delivery of the product, to be made the payment according to the average quality of the same.

Art. 15. . Any clause of the contracts referred to in Article 1 shall be null and void, requiring the collection of the product with a particular type of machine or form of harvest.

Art. 16. . It will be void and without any value any clause in the cattle leases that prohibits or limits the agricultural exploitation up to 60% of the leased area. In this case, the tenant will not have the right to a sale on the part of the field devoted to agriculture. In agricultural leases, however, any other clause, the landlord shall have the right to allocate 40 per cent of the leased area to livestock or farmer.

Where the parties are not in agreement with respect to the corresponding leasing price paid by the fraction dedicated to livestock, they may request from the Directorate of the Earth Regime to set the price; in these cases, the agency mentioned, with the intervention of the representatives referred to in article 34, subparagraph (d), may fix a less than 20% reduction for the total amount of the land.

SECOND PARTY

Land lease for tamber exploitation

Art. 17. . Mantain the 20% reduction on the leasing prices and sub-release of land devoted to tamber farms on a mandatory basis, until December 31, 1947. This reduction will be applied on the current lease prices as of August 8, 1945 and from that date, deducting in proportion the period of payment it comprises, either the price paid in advance or for periods of due.

Art. 18. de To enjoy the sale, the tenant must be found in the following conditions:

(a) To pay in money the lease price;

(b) Let him be a physical person;

(c) Perform the exploitation directly, without the intervention of meters.

Art. 19. ). In the event that questions are raised between the locator and the locator with respect to the lease price and the extent on which the sale will be made, in places where other farms are carried out in addition to the tambera, any of the parties may submit their differences to the Directorate of the Land Regime, which will resolve the case with the intervention of the representatives of the locators and the locators referred to in article 34, subparagraph (d).

THIRD PART

Land lease for livestock in the semi-arid region of the country.

Art. 20. . Contracts for "storage" or "pastoration" of uncultivated land in the semi-arid region of the provinces of Mendoza, San Juan, Catamarca, La Rioja, San Luis and the governorate of La Pampa, for cattle breeding, will be considered for all purposes as rural lease and governed by the provisions of Law No. 11.627.

Art. 21. Todo Every local of a rural land leased in the region and under the conditions laid down in the previous article, shall provide as a minimum improvement to each tenant of a two-bedroom adobe house and kitchen and the waterings necessary for the exploitation. The locator must make the above-mentioned improvements, in case the predio did not have them, within the hundred and eighty days of promulgation of this law. If the locator fails to make improvements within the established term, the tenant, upon notification of the said, shall be entitled to make them and retain the amount of each year, 20% of the value of the improvements, until the full payment is completed.

Art. 22. . When the parties do not agree on the number and location of the watersheds to be installed or the value of the improvements made, any of them may request the intervention of the Earth Regime, which will resolve, as an arbitrator, the difference raised.

Common provisions

Art. 23. . The locator or sub-locator who does not make the sale established by this law will be liable to a fine up to half of the annual lease price.

Art. 24. . In the event of refusal of the locator upon receipt of the discounted lease price under this law, the corresponding complaint shall be made to the Directorate of the Land Regime or its regional representative, which shall be substantiated in accordance with the procedure set out in articles 26 to 29, with the suspension of any trial promoted or promoted by the absence of payment of the lease price. At the same time as the complaint is made, the tenant shall deposit, in the joint order of the director of the Earth Regime or of the respective regional representative or of his or her or the order of the competent judge according to the jurisdiction corresponding to his or her domicile, in a local bank or in the place where such officials dispose, the amount of the discounted lease price.

Art. 25. . If the decision issued in the case declares the inadvertent refusal unwarranted, if its bad faith is verified, it will be liable to a fine of up to half of the annual lease price, the deposit made at your disposal, which will arise the effect of the payment from the day it has been made.

In the event that the refusal is justified and the tenant ' s bad faith is checked, the locator will be empowered to continue the ordinances that may have been promoted. In the event of good faith, the tenant must comply with the ruling, within thirty days of notice, which shall also arise the effects of the payment, automatically expiring the suspension of the trials that may have been promoted, if the term is not fulfilled.

Art. 26. . When the complaint, which motivates the appropriation of the lease price, is submitted by duplicate to the Land Regime Directorate or the respective regional representative, the corresponding deposit ballot will be attached by duplicate.

This presentation will express, especially, when the price is in money:

(a) Name and address of the consignor;

(b) Name and address of the locator;

(c) Reasons taken by the latter not to accept payment;

(d) If there are trials promoted by lack of payment, the manner in which they are caratulated, the name of the judge and acting secretary;

(e) Reasons in which it is founded to make the payment with sale. Where payment is in kind, it shall be expressed, in addition to the above-mentioned requirements that the appropriater is constituted as the depository of the products until it is indicated where the appropriation shall be made.

Art. 27. . The complaint will be transferred from the same to the locator, by certified letter with notice of return, who must answer within 10 working days of the communication, accompanying the documents and elements of judgment that he deems appropriate.

Art. 28. . If the complaint had been made to a regional representative, the latter, after the time limit for the reply, shall make such checks as it deems appropriate and shall submit to the Directorate of the Earth Regime the respective report, advising the criterion which it considers should be adopted for the resolution of the case.

Art. 29. todos All procedures and checks are made, the Earth Regime Directorate will issue the relevant resolution.

Art. 30. Todos All leases covered by the law of Law No. 11.627, expired or defeated, provided that the tenant retains the possession of the property, shall be considered extended under the current conditions until December 31, 1947. When the harvest of the crops that the tenant had made that year had not yet been lifted. The deadline will be extended until its lifting, not exceeding the extension until beyond May 31, 1948.

Art. 31. . Mantiénense during the validity of this law the exceptions to the reduction of the price of location and period of extension and transformations of the form of payment, agreed to in accordance with the provisions of the Nros Decrees. 14.001, 15.707, 18.290 and 18.291.

Art. 32. . Prove the contracts referred to in article 20, expired or defeated, provided that the tenant retains possession of the predio, until August 8, 1950.

Art. 33. El The national executive branch, the provincial governments and the autarchic entities, national or provincial, shall grant with respect to the tax or private lands subject to formal agrarian colonization regimes, an extension similar to that established in article 30 with respect to all the leases that expire before 31 December 1947, also suspending the eviction action in the pending trials, promoted by the expiration of the contracts referred to above.

Art. 34. El The term of extension established in articles 30 and 33 shall not govern:

(a) For the sublocators. The sub-locators, despite the exclusion of the principal landlord, have the right to continue to hold the predium for the term of extension already expressed, paying the owner the same price of lease they paid to the sub-locator. It shall rule the extension in favour of the sub-locator, when the owner so decided;

(b) When the tenant does not reside in the leased land;

(c) When the owner of a landlord whose extension does not exceed 300 hectares is a natural person and commits himself to the Directorate of the Earth Regime to exploit himself directly or through some of his or her ascendants or descendants to the first degree, the person who stands at the front of the exploitation must reside in the premises. In this case the landlord must communicate by telegram that the landlord is required to occupy the field within 45 days of the promulgation of this law.

A same owner may not use this right but with respect to a single property. The Directorate of the Earth Regime shall decide whether the requested exception is justified, for which purpose the owner shall make the respective submission to the same, within the term of the first part of this subparagraph.

If it is verified that the owner does not reside and exploit his field directly within the 60-day period of the total unemployment of the landlord, he will pay the landlord compensation equivalent to the two-year location price by calculating this compensation for the case that the payment is in kind, based on the performance obtained in normal years and the price of the products that he directs for the 1944/45 harvest;

(d) In the case of extensions greater than that established in the previous paragraph and less than one thousand hectares, whose owner is in the conditions provided for in the same and does not possess another rural property, the Directorate of the Land Regime shall decide whether the exception to the term of extension prescribed in article 30 is justified, for which purpose the owner shall submit, within 45 days of the promulgation of the present law, to the said agency, a request in which the exception shall be justified.

This division shall resolve, after the intervention of the representatives of the locators and locators who shall designate the executive branch and shall render their opinion in the cases established by this law. The owner who, within 60 days of the total unemployment of the land by the tenant, does not exploit it directly and reside in the field, shall pay the compensation established in the preceding paragraph;

(e) Whatever the extension of the leased predio, provided that the owner wishes to split his field for sale in batch to producers and the Directorate of the Earth Regime, with the intervention of the representatives of the locators and locators, he agrees with the respective exception, prior to the procedures set out in the previous paragraph and the following:

1 Determine whether the fractionation has been traced according to the surface that the economic unit must have;

2° Determine whether the price set for the sale of lots is in relation to the fiscal value, with the average venal value of the last 10 years and with the productive value of the same period. Cases of final resolution in the Directorate of the Earth Regime based on Decree No. 18,290 (d) should be adjusted to this paragraph.

For the purposes of this paragraph, the Executive Branch is empowered by the competent agencies to grant the tenants whose eviction is authorized, special provisions for the purchase of lots in the land they occupy.

The owner who fails to comply with the decision of the Land Regime Authority by agreeing on the exception in the time and conditions set by the same provision shall pay the compensation set out in subparagraph (c);

(f) When the tenant is, in turn, the owner of a fraction of the field that constitutes an economic unit, according to the conditions of the region where he is located, the Directorate of the Earth Regime that assists him in exploiting the field directly. This recognition may be made at the request of the same tenant or his locator;

(g) For lease contracts that refer to field fractions that acquire to colonize or adjudge colonists the National agrarian council;

(h) For lease contracts that relate to State-owned fields under the dependence of the Ministry of War or Marina.

Art. 35. . The parties that have not entered into a written lease shall hold and formalize the lease, in accordance with the requirements of Law No. 11.627, and of this Law, within the term established by the Executive Power.

Art. 36. El A predium locator who does not comply with the provision of the previous article within the prescribed time limit will be liable to a fine up to half of the annual lease price.

Art. 37. . In the event that the locator and the locator do not enter into an agreement for the written formalization of the verbal convention they held, they must submit their differences for consideration by the Directorate of the Earth Regime. The address shall proceed to draft the contract in accordance with the requirements of law 11.627 and of this law and the prevailing customs and customs in the area. Such a project shall be transferred to both parties, which, within 15 days of receipt of the respective copy, shall make known the comments they make to the said project.

Art. 38. . The term fixed by the previous article, the Directorate of the Earth Regime, after studying the views of the parties, will proceed to formulate the final contract. If the locator refuses to sign it, it will be liable to a fine equal to the annual lease price. In the event that it was the tenant who refused to sign it, he would lose the right to continue logging the predio he occupies.

Art. 39. Los Contracts entered into in writing, existing prior to the validity of this Act and which do not conform to its requirements shall be formalized in accordance with article 4 of Act No. 11.627 and the provisions of this Act within the time limit set forth in Article 35.

Art. 40. Todos All contracts to be concluded from this Act shall be carried out in accordance with the formalities prescribed in Article 4 of Law 11.627 and also contain the following specifications:

(a) Name of the contracting parties; if sublocation is indicated the name of the owner of the field;

(b) Location of the target of the location (province, department or party, barracks, district or pedannia);

(c) Nearest station and distance in kilometers to the same;

(d) Exploitation destination: if mixed, the proportions will be indicated;

(e) Extension of the predium in acres, areas and centiareas;

(f) From what date the landlord has held the predium, whether with or without written contract;

(g) Existing improvements and conservation status;

(h) Price of hectare lease according to payment form (per year, semester, quarter, advance or due). If it is a sublocation, you should also indicate the price paid to the locator. Place where the tenant will make the payments;

(i) Domicile of the locator and the locator: that of the latter for all judicial and extrajudicial effects should be the real one.

Contracts derogating from any of the requirements set forth in this article shall not be registered in the registry referred to in the following article:

Art. 41. . Without prejudice to the provisions of article 4 of Law 11.627, the lease contracts referred to in article 1 of this Law shall be entered within ninety days of the date of promulgation of this Law, in the registry by the Land Regime Directorate. To this end, the locator must refer to that body a faithful copy of the contract in simple paper, signed by both parties, and the signatures by the judge of peace or public scribe must be certified. In the case of contracts that take place from the date of this law, the judge of peace or public scribe authorizing them shall submit a simple testimony of the respective public instrument to the Directorate of the Earth Regime within fifteen days of its celebration. A local or public official who fails to comply with the provisions of this article shall be liable to a fine of $ 200 national currency for each offence, without prejudice to the disciplinary penalties applicable against the latter.

Art. 42. La The Directorate of the Earth Regime will return to the parties contracts that do not conform to the relevant legal provisions and will place them within a reasonable period of time to meet the omitted requirements, subject to the expectation of applying the fine prescribed in the previous article.

Art. 43. . In the cases of leases entered into prior to this law, which are in accordance with the requirements of Law 11.627, the locator shall refer to the Register of Contracts of the Directorate of the Earth Regime, within the period established in Article 35, a copy of the same in simple paper, ex officio size, subscribed by both parties, and the signatures must be certified and the original judge authenticated. If any of the requirements set forth in the paragraphs of article 40 are not included in the content of the contract, the contracting parties and the authority certifying the authenticity of the act must be added to the footing of the copy referred to above.

Art. 44. cualquier If any judicial matter is raised as a result of the application of this law, the fine of article 4 of the Act 11.627 is suspended during its validity.

Art. 45. . It is obligatory for the locator to grant receipt, both for payments in money and in kind, making the price on which the sale is made, under penalty of fine equal to the twentieth part of the annual lease price.

In the case of subarriendo, the rental price that the main locator pays to the owner will also be recorded.

Art. 46. . If some of the contracting parties wish to report infractions provided for in this Act, they must do so to the relevant regional representative or to the Directorate of the Earth Regime, for which purpose they will prove their identity through documentation or with the testimony of two skilled persons and to credit theirs with documents.

A report shall be broken, which shall be signed by the complainant; and if he did not know or could not do so, by another person at his request. A certified letter with notice of return shall be quoted to the respondent, subject to the expectation that his insistence is not properly justified, shall authorize to have for certain the facts or omissions reported. In the same hearing, the defendant will produce all the evidence that he deems to prove the falseness of the facts or omissions imputed.

Art. 47. La The Directorate of the Earth Regime or the regional representative shall, in the event of the consideration of them, carry out the checks requested by the complainant and prevent him or her, as well as the others who deem appropriate.

Art. 48. .If the case is instructed by a regional representative, it will elevate the proceedings produced to the Directorate of the Earth Regime and once the checks referred to in the previous article it will proceed to the examination of the case and if it is considered that the application of penalties is the case, it will transfer the case to the Directorate General of Legal Affairs of the Ministry of Agriculture, which will propose the sanctions for the National Executive.

Art. 49. . If the complaint had been filed with the Directorate of the Land Regime, or if the complaint had any of the infractions provided for in this Act, the proceedings prescribed in articles 45 to 51, in the event that the application of penalties was deemed to be appropriate, shall proceed to the transfer referred to in the preceding article.

Art. 50. El The Ministry of Agriculture, through the Directorate of the Land Regime, will be responsible for the fight against compliance with this law and Law 11.627.

Art. 51. . The check of falsehood in the data provided by the parties for the trial of the issues raised in the course of the application of law 11.627 and the present, will bring the application of a fine up to half of the annual lease price for the locator; and for the locator the decay of the right to the sale in the lease price.

Art. 52. Las The provisions of this law are of public order, their profits and null and void, and without value the contractual clauses contrary to it.

Art. 53. . The banks of the Argentine Nation or the National Mortgage shall not proceed on the request of agrarian credit or of colonization to the locators, sublocators and tenants who do not comply with the provisions of this law.

Art. 54. . For the purposes of law enforcement 11.627 and the present, the Ministry of Agriculture will agree according to the needs of each area, the character of regional representatives to officials in the respective jurisdictions.

Art. 55. Los The other officials of the Ministry of Agriculture should provide the collaboration requested by the Directorate of the Earth Regime directly or through regional representatives.

Art. 56. Las The fines that are obtained for breaches of this law will be allocated to the national or provincial school fund according to the place of the leased field.

Art. 57. . The provisions contained in decrees 18,290, 18,291 and 18,292 continue in force insofar as they are not opposed or have not been repealed or amended by this law.

Art. 58. . Contact the executive branch.

Given in the meeting room of the Argentine Congress in Buenos Aires, 13 September 1946.

J. H. Quijano. . Alberto H. Reales. . Ricardo C. Guardo. . Rafael V. González.