RURAL AND APARTMENTS
LEY N° 13.246
Bs. As., 8/9/1948
WHY:The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., strongly sanction LEY: ARTICLE 1 La This law shall apply to any contract, irrespective of the denomination that the parties have assigned to it and its different modalities, provided that it retains the substantial nature of the correlative benefits, in accordance with their precepts, and their agro-economic purpose.
The precepts of this law are of public order, irrenunciable its benefits and insanitably null and void of any value whatsoever clauses or covenants on the contrary or acts made in fraud to the same.
PART Iof leases ARTICLE 2° . There will be a rural lease when one of the parties is forced to grant the use and enjoyment of a predium, located outside the urban plant of the cities or towns, for agricultural exploitation in any of its specializations and the other to pay for that use and enjoy a price in money. ARTICLE 3 . Contracts under which the use and enjoyment of a predio for pastoral purposes is granted are excluded from the requirements of this law, for a period not exceeding one year.
In the event of an extension, renewal or new procurement by which a period of more than one year is completed, or when the holder of the predio after formal notification to the owner retains it for a period of more than the specified, without any documented opposition from the latter, the contract included in the provisions of this law shall be considered.ARTICLE 4 . When the contract referred to in Article 2 is not stipulated in the period, or a period less than five years is stipulated, the tenant shall have the right to consider it held in equal terms by that term, notwithstanding any clause that opposes or impairs the performance of his or her position. Upon expiration of this period, the tenant may choose to extend it for another three years, provided that the tenant is notified by means of a collisioned telegram or notification by means of the peace judge of the tenant ' s home, at least six months in advance of maturity.
In time-limits contracts exceeding five years and less than eight years, the tenant may choose to extend them until the completion of this last period provided that the option is exercised in the manner specified above.
Any successive contract between the same parties shall enable the tenant to consider it concluded within five years and shall also accord him the right of option for the extension of three years.
To this end, no new contract shall be considered any change of location on the leased surface within the same location, which is agreed between the parties during the periods referred to in this article, provided that the new surface is not less than 10 % to the original contract.ARTICLE 5° . Please enable the Executive to proceed with general measures to review the price of leases, where there is an imbalance between the cost of production and the value of the products obtained due to causes of a general or regional nature. Under the same circumstances, the agencies provided for in article 46 shall proceed with a review of the lease price at the request of any of the parties concerned and with respect to the case. ARTICLE 6 . The tenant shall be entitled to the proportional remission of the leasing price, for total or partial loss of crops, in the percentage and conditions established by the regulation, due to fortuitous case or force majeure that involves uninsurable risks, except if the loss was compensated with that produced from the previous harvests.
If the loss is not compensated, the remission may take place only at the end of the lease, at which time the harvests obtained during the duration of the contract will be computed.
Until the final compensation is observed, the tenant may be temporarily dispensed with the payment of the price in proportion to the loss suffered.ARTICLE 7° O The tenant is prohibited from subarrating or cession of the predium in appearance even with the express conformity of the tenant. If the death of the tenant occurs, the continuation of the contract shall be permitted after formal notification to the other party, by its descendants, ascendants, spouse or collateral to the second degree, or its termination, at the choice of the same.
The transfer of the contract is prohibited to the tenant, even with the express consent of the tenant.
In the event of the inability or physical impossibility of the tenant or of the heirs referred to in this article, the transfer of the lease to third parties shall be permitted, provided that they meet the quality of agricultural producers and acceptable material and moral conditions. If there is opposition, the bodies provided for in article 46.
The prohibitions of subarrendar and ceder shall not preclude such operations that are carried out in favour of the associated agricultural producers in the case of collective leases, or of the partners in the leases granted to cooperative companies.ARTICLE 8 . Any irrational exploitation of the soil that originates its erosion, degradation or depletion is prohibited, however any clause contrary to the respective contracts.
The Ministry of Agriculture will establish the technical conditions that will be allowed to continue the exploitation of the soil conservation work to be carried out.
The tenant may, in his or her choice, terminate the contract or execute the work on behalf of the tenant if the lease does not perform it within the time limit set for him or her, being entitled to retain the portion of the price corresponding to the cost of the same.
If the execution of the work interrupts in whole or in part the use and enjoyment of the land, the tenant may obtain the reduction and even the remission, during the corresponding period, of the lease.
If the erosion, degradation or depletion came over by acts of force majeure or by fault or negligence of the tenant, the tenant may request termination of the contract.ARTICLE 9 . The tenant may assign up to 30% of the land area leased for livestock, farmers, or breeding crops, although it has been agreed as an exclusive destination for agricultural exploitation, except if it consists of intensive crops. ARTICLE 10. El The tenant shall provide to every leased plot, under the conditions and deadlines set by the regulation, the following improvements:
(a) A room house, built with stable materials and in hygienic conditions, composed at least three pieces, kitchen, gallery, toilet with shower, and well or pump that ensures water to the population, provided that the tenant is radiated on the premises;
(b) Permetral fence (also known);
The value of these improvements required to the tenant may not exceed 20% of the tax valuation of the leased area for the payment of the territorial contribution.
If the owner fails to implement the improvements referred to in this article, within the relevant time limits, the tenant may make them at the expense of the item, having the authority to retain the lease price until the lease is filled. To that end, it may make use of the provisions provided for in article 13.ARTICLE 11. El The tenant may:
(a) Install a waterfall with the corresponding deposit;
(b) Build a gallon for fruits and another for machinery and work elements, and hygienic housing for peon shelter.
(c) To plant five trees per hectare up to 50 in total, provided that these improvements are not incorporated in the lease of the predium, or the lessor does not execute them within 180 days of the date on which it is required by notification made by colliding telegram or through the court of peace of his home.
At the end of the contract, the tenant shall indemnify the tenant ' s value at the time of the improvements it had made up to a maximum of 20% of the tax valuation of the leased area, for the payment of the territorial contribution.ARTICLE 12. El The tenant ' s credit for reinstatement of the value of the improvements and repairs, its interests and costs, shall enjoy special privilege over the leased property, in a preferred degree to all others, including that of the mortgage creditor and shall enable it to exercise the right of retention. ARTICLE 13. . Through the Banco de la Nación Argentina, special promotional credits will be agreed up to 100% for the construction or implementation of the improvements referred to in this law. These provisions will not affect the applicant's personal credit. ARTICLE 14. . Facultase the Executive Branch to replace or exempt from the improvements set out in articles 10 and 11, according to what they advise the needs of the different types of exploitation and agroecological conditions of each region. ARTICLE 15. . They are declared unembarkable, inexecutable and not affected to the privilege of the tenant: the furniture, clothes and household goods of the tenant; the machinery, plantings, elements and working animals, rolled, seeds and other goods necessary for the exploitation of the land; the assets for the subsistence of the tenant and his family for the period of one year, included semoving and the production of the exploitation,
The benefits that this article agrees will not affect the seller's credit for declared unpaid and unexecutable goods.ARTICLE 16. . When the tenants of a land are several and whenever they exploit it on separate plots that constitute economic units, each of them will have the rights specified in this law, although in the contract they appear as joint tenants. ARTICLE 17. s They are insanablely null and will lack all value and effect the clauses that compel to:
(a) Selling, securing, transporting, depositing or trading the crops, crops, animals and other products of the exploitation to/or with a particular person or company;
(b) Hiring the execution of rural tasks including harvesting and transport, or the acquisition or use of machinery, seeds and other elements necessary for the exploitation of the predium, or of subsistence goods, to/or with a particular person or company;
(c) To use a specific system or elements for the harvesting or marketing of products or to perform exploitation in a manner that does not conform to a proper cultural technique.
They shall also be unsanitary and shall have no value and effect whatsoever clauses that amount to the extension of jurisdiction or the establishment of a special domicile other than the real of the tenant.ARTICLE 18. de These are obligations of the tenant and tenant, in addition to those established in the Civil Code:
From the tenant:
(a) Dedicate the soil to the exploitation established in the contract subject to agricultural and livestock laws and regulations;
(b) Keep the predium free of pests and weeds if it occupied it in these conditions and contribute to 50% of the expenses that demand the fight against them, if they existed when the field was leased;
(c) Conserve the buildings and other improvements of the site, which must be delivered upon withdrawal under the same conditions in which it received them, except for the deterioration caused by the use and action of the time;
(d) Planting within the first three years of the conclusion of the contract and taking care of the contract for the duration of the contract, in the areas that are established by regulation and on the site determined by the tenant, two forest trees per hectare up to 300 maximum, if not in the course of the land, without the right to retribution.
From the tenant:
(e) Contribute with 50% of the expenses required by the fight against weeds and pests if the prisoner had them when they were hired;
(f) Where the number of tenants exceeds twenty-five and there are no public schools less than 10 kilometres from the centre of the building, provide the school authority with the premises for the operation of a school that has at least one classroom for every thirty pupils, adequate housing for the teacher and installation for the supply of drinking water. The fulfilment of this obligation may be required by any of the tenants to the bodies provided for in article 46, who, upon advice from the competent school authority, and by the same determination of the school ' s endowment and empowerment, shall set the time limit within which it is to be carried out, with the prevention that if it does not, it shall be executed at the expense of the tenant. The Ministry of Agriculture shall administer to the competent school authority the necessary measures for the establishment and operation of the school.ARTICLE 19. . The unjustified abandonment of the exploitation by the tenant, and/or the lack of payment of the rent during the period of one year, will give the tenant the right to demand the eviction of the property.
Failure to comply with the obligations specified in subparagraphs (a), (b) and (c) of article 18 shall enable the tenant to request the performance or termination of the contract.
Failure to comply with the obligation specified in article 18 (e) shall enable the tenant to compensate for the amounts invested with the arrears, without prejudice to the power to demand immediate payment and exercise the right of retention on the leased item, pending payment of his or her credit in full.ARTICLE 20. . The legal term or the term agreed upon, if the latter were greater, the tenant must return the predio without the right to any additional period for the eviction and free delivery of occupants. If the lessor consents to the tenant ' s continued use and enjoyment of the property, one year after the first one has manifested his will by means of a collisioned telegram or notice practiced by the peace judge to require him to restitution, or a new contract, the tenant shall have the right to consider it renewed under the same conditions, with regard to the deadlines provided for in Article 4 of the tenant. If the claim is made after thirty days of the date of expiration of the contract, the tenant shall have a period of up to one year to restore the property, which is computed from the date it is made.
Third-party guarantees do not extend to obligations arising from the renewed contract.
PART IIFrom the apparitions ARTICLE 21. . It will appear when one of the parties is forced to give to another animal, or a rural pred with or without plantations, sowns, animals, deserts or working elements, for agricultural exploitation in any of its specializations, in order to distribute the fruits.
Mercy contracts shall be governed by the rules relating to apparitions, except for those which are subject to special laws or statutes, in which case the provisions of this Act shall also apply to them, provided that they are not incompatible with such contracts.ARTICLE 22. ). Applicable to the apparition contracts in which the use and enjoyment of a rural property is granted, the provisions of articles 3°, 4°, 8°, 9°, 10, 11, 12, 13, 14, 15, 16, 17 and 18, subparagraphs (b), (d), (e) and (f). ARTICLE 23. : These are obligations of the park and the dicer:
From the park:
(a) Performing personally the exploitation, being prohibited from yielding its interest in it, lease or give in appearance the thing or things object of the contract;
(b) To give the thing or things covered by the contract the agreed destination or, if not, to determine local customs and customs, and to perform the exploitation subject to agricultural laws and regulations and ranchers;
(c) Conserve the buildings, improvements, disposals and working elements that must be restored in the delivery of the premises under the same conditions in which it received them, except for the deterioration caused by the use and action of the time;
(d) To make known to the appearance of the date on which the perception of the fruits and separation of the products will begin to divide, except stipulation or uses to the contrary;
(e) To inform the giver, immediately, any usurpation or novelty damages your right, as well as any action concerning the property, use and enjoyment of things.
From the dicer park:
(f) Guarantee the use and enjoyment of the things given in appearance and respond by the serious vices or defects thereof;
(g) Keep annotations with the formalities and in the cases that the regulation determines. The omission or alteration of them shall constitute a presumption against them.ARTICLE 24. . The loss of fruits by fortuitous case or force majeure will be borne by the parties in the same proportion agreed for the distribution of the fruits. ARTICLE 25. . Any party may request termination of the contract and removal and/or delivery of the things given in appearance if the other party fails to comply with its obligations.
In cases of unwarranted abandonment of the exploitation by the apparition or if the breach referred to the delivery of the portion of the proceeds corresponding to the dicer, it shall have the right to demand in summary judgment the eviction of the premises and/or the restitution of the things covered by the contract.ARTICLE 26. el The legal term or the term agreed upon, if the latter were greater, shall govern for the apparitions in which the use and enjoyment of a rural predio is granted, the provisions of article 20. ARTICLE 27. El The appearance contract concludes with the death, inability or physical impossibility of the appearance. In the event of death, the continuation of the contract shall be permitted, upon formal notification to the other party, by its heirs, descendants, ascendants, spouse or collateral to the second degree, who have participated directly in the exploitation. The same right shall have, under similar conditions, the members of the family of the listed apparition, if the incapacity or physical impossibility of the latter arise. In the event of an opposition, the bodies provided for in article 46 shall summarily decide.
The contract shall not terminate, except for the contrary option of the apparition, for the death of the giver or in the cases of alienation of the prisoner when it has been registered in the registry referred to in article 40.ARTICLE 28. Toda Any emerging action of the parking contract will prescribe at the age of five. ARTICLE 29. de The parking contracts will be applied in the following order:
(a) The provisions of this Act;
(b) The conventions of the parties;
(c) Local customs and customs;
(d) The rules of the Civil Code, especially those relating to the location.
CHAPTER IOf the agricultural parks ARTICULO 30. El The percentage in the distribution of the fruits that the parties agree should be equal in proportion with the contributions they make for exploitation. These percentages will be revised with general measures by the Executive Branch, either on the basis of general or regional causes that result in an imbalance in the proportionality of contributions by the parties, or at the request of any of them, by the agencies provided for in article 46 regarding the case. ARTICLE 31. . The distribution of the fruits will be made after deduction of the seed used by the appearance. None of the parties may dispose of the fruits without the distribution of the fruits, except for the express authorization of the other. ARTICLE 32. The payment of a fixed amount of fruits or their equivalent in money is prohibited as a retribution. ARTICLE 33. . The parking lot will have the right to assign without charge a portion of the premises for the seat of the house, grazing and orchard, in the proportions that determine the regulation according to the needs in the different agroecological zones of the country.
From the fish parceriesARTICLE 34. When the thing given in appearance only animals, fruits and products or utilities will be distributed by half between the parties, except stipulation or otherwise. ARTICLE 35. El The animal giver who is the object of the contract will be obliged to keep the appearance in the possession of the same and in case of eviction to replace them by others.
The apparition will not respond to the loss of animals produced by causes that are not imputable to it, but it must realize the exploitable spoils.ARTICLE 36. . Unless otherwise any of the parties may, without the consent of the other, dispose of the animals given in parceria or of the fruits and products thereof. ARTICLE 37. Los The contracts of livestock apparition in which the use and enjoyment of the predio necessary for the exploitation is not granted in addition to the animals, shall be governed by the time that the parties agree or fail to determine the local customs and customs. ARTICLE 38. . Except for stipulation or otherwise use, the costs of care or breeding of the animals will be borne by the apparition.
PART IIIProvisions common to titles I and II ARTICLE 39. Contracts in which the cultivation of a single crop is agreed are excluded from the requirements of this Act.
In the event of extension, renewal or re-hiring by the same or different plot, or when the holder of the field, after formal notification to the owner, retains it for a term greater than the established, without any documented opposition of it shall be considered the contract covered by the requirements of this law.ARTICLE 40. . Contracts referred to in this Act shall be written in writing to the judges of peace, scribes or other officials who determine the regulation, in cases, with the formalities and within the time limits prescribed by it.
Leasing contracts, and those of apparition in which the use and enjoyment of the property is granted, shall also be obligatoryly registered in the real estate record of the respective territorial jurisdiction, by the tenant or apparition giver, without prejudice to the right recognized to the lessee or to obtain that registration directly.
The assignor or apparitioner shall be liable for all damages caused to his tenants and to appear for his failure to register the respective contract.
Justices of the peace, scribes, and other officials authorizing the contracts must refer to the Ministry of Agriculture of the Nation a copy of the same in simple paper within 15 days. Failure to comply with this obligation shall be deemed to be a serious offence for disciplinary purposes.ARTICLE 41. . If the formalities prescribed for the conclusion of the contract had been omitted and the existence of the contract could be proved in accordance with the general provisions, it shall be considered as part of the precepts of this law and protected by all the benefits that she agrees.
The tenant may request that his or her tenant be replaced with a written contract. Disposed the site will be registered in the Real Estate Register without prejudice to the provisions of the previous article.ARTICLE 42. . It should be agreed as a retribution, in addition to a fixed percentage in the distribution of the fruits or sum determined of money, an additional to be paid in money or species and in accordance with the quotation or the amount of fruits obtained, or in jobs other than the exploitation of the leased predium to be carried out under the dependence of the tenant by the tenant, parker or his relatives. ARTICLE 43. . Contracts to which a minor or incapable of a lessee, lessee or apparition is a party shall be covered by all provisions of this law provided that they have been concluded with judicial authorization. The emancipated minor will not need judicial authorization to be forced as a tenant, tenant, or apparition for the deadlines set out in this law. ARTICLE 44. . It will be governed by the established rules for the appearance of any contract in which the retribution consists, in addition to the percentage in the distribution of the fruits, in a certain sum of money.
Agreements that jointly import a lease and another lease shall be governed by the respective rules of this law.ARTICLE 45. . Contracts in which the tenant or parker is forced to perform works of improvement of the predium, such as plantations, works of detachment, irrigation, avenue, which retard the productivity of its exploitation for a period of more than two years, may be held up to the maximum period of twenty years.
The deadlines set in Article 4 shall be computed in all contracts from the date at least two thirds of the predium are in conditions of productivity. In the event of disagreement, she will be set by the agencies provided for in article 46.ARTICLE 46. . The executive branch will organize in the Ministry of Agriculture of the Nation, regional parity chambers of conciliation and compulsory arbitration, and a central chamber, composed of representatives of the owners and of the tenants and apparitions that will designate the proposals in terna presented by the numerically most representative agrarian entities of the area or the Republic, as appropriate.
The regional chambers will be chaired by specialized officials of the Ministry of Agriculture with particular knowledge of the area in which they should operate. The central chamber shall consist of nine members of whom three shall be officials who meet similar conditions.
The territorial jurisdiction of each regional chamber, the competence of the central chamber shall be established, in accordance with powers to unify the interpretative jurisprudence of the regional chambers and to propose rules to the executive branch for the best application of the law, the form of integration, grounds of excuse, recussion and replacement of the members of the chambers and the procedure.
The procedure will be divided into two phases: the previous conciliatory phase, in which the parties will be obligatoryly sought; and the contentious phase, regulated in luck that allows the audience of the interested parties and the defence and evidence subject to the principles of contradiction, advertising and preferential orality, eventuality and concentration, impulsion of office and immediacy, gratuity, simplicity and speed.ARTICLE 47. de It will be the exclusive competence of the regional chambers:
(a) The decision of all cases arising from the application of articles 3, 5, 6, 8, 10, 11, 18, 27, 30, 39, 41, 50, 52 and 53;
(b) The determination of the right of the tenant or the right to be protected in the benefits of the deadlines provided for in article 4;
(c) The pricing of the lease or proportion in the distribution of the fruits of the apparition in the cases covered by articles 9°, 32 and 42;
(d) Resolve on the origin or improcency of the appropriations for the payment of the lease or apportionment costs motivated by the application of the articles of this Act, listed in subparagraphs (a), (b) and (c);
(e) To establish the amount of compensation to be paid to the tenant or to be paid for the improvements or reparations made in accordance with this Act;
(f) To authorize or deny exceptions to the extension of leases and the effectiveness of leases in accordance with articles 52 and 53.ARTICLE 48. . Regional chambers should dictate pronouncement within 90 days. Its decisions will be appealable in relation to the fifteen days of notice, to the central chamber, who must ultimately fail within sixty days, and whose decisions will be subject only to the extraordinary remedy of article 14 of law 48, and to the clarification by material error or obscurity of the judgment.
Decisions of the regional chambers adopted unanimously shall be subject only to the remedy provided for in article 49.
The pronouncements of the regional chambers and the central chamber shall be judged and executed by the judicial, federal or provincial authorities, as appropriate and in accordance with the respective procedures.ARTICLE 49. La The party may, at its election, file, within fifteen days of notice of the ruling of the regional chamber, an appeal against the Federal Chamber with territorial jurisdiction at the seat of the latter.
This remedy shall only be made for the following reasons: (a) Incompetence; (b) Violation of the law in the form or substance of the pronouncement of the regional chamber.
The remedy must be resolved within sixty days and the ruling shall decide as appropriate; (a) Rejection; or (b) Make room for the same by overturning the appealed decision.
The application under this article entails the waiver of the author under the previous article.
PART IVTransitional provisions ARTICLE 50. Todos All contracts expired or to expire, provided that the tenant or aparcerer retains the possession of the predium, are extended under the same conditions set out in this law until 31 December 1952, and tenure can be maintained until 31 May 1953 when the crops carried out the previous year are not lifted. The tenant or apparition may be eligible for the three-year extension period provided for in Article 4.
In respect of the fields used by season (veranada camps) it will be considered that they keep the possession of the predium those that have occupied them during the last two seasons at the date of promulgation of this law.
The voluntary or forced alienation of the predio shall not deprive the tenant or the appearance of the benefits of the extension agreed to in this article, except in case of expropriation for public utility.ARTICLE 51. las Mantain the exceptions to the extension of the leases, agreed upon by the emergency provisions whose effectiveness must be in accordance with Article 53. The outstanding cases of resolution will continue to be processed in accordance with the rules of this law. ARTICLE 52. de Agencies established under article 46 may agree on exceptions to the legal extension provided for in article 50, in the following cases:
(a) Where the person who makes the order is a natural person; credits to the owner of the predio prior to the date of the publication of the present law; commits himself to exploit the field directly or through his spouse, ascendants or descendants to the first degree, for the minimum period of five years and does not exploit another rural property of his or her property constituting an economic unit, unless he or she needs more land to rationalize this exploitation. If it is verified that the owner, without justified cause, has not begun to exploit his or her premises directly or through any of the persons mentioned, within sixty days of his or her reception free of occupants and/or continued such exploitation during the specified minimum period, the lessee or apparition shall pay a compensation equivalent to the two-year lease price. This compensation shall be calculated, if the payment is in kind, based on the average performance of the last ten years and on the price of the products that govern for the last harvest;
(b) When the owner, under the conditions of the preceding paragraph, who does not exploit more than one economic unit, wishes to economically independent one of his children by initiating him in the land exploitation, provided that the latter commits himself to exploit the prey directly and personally for a minimum period of five years. If it is ascertained that the predio has not begun to be exploited under the conditions specified within the sixty-day period of its reception free of occupants and/or continued to operate during the minimum period set, both shall be obliged to pay in solidarity to the lessee or apparition evicted compensation equal to that provided for in subparagraph (a);
(c) When the owner wishes to split his field for sale in lots to agricultural products. The tenants or parks will have preference for the acquisition of lots in the property they occupy. The owner who fails to comply with the conditions established in the agreement to the authorisation shall pay compensation equal to that provided for in subparagraph (a);
(d) When the tenant or parker is in turn the owner, tenant or parking of a fraction of the field that constitutes an economic unit according to the conditions of the region where it is located;
(e) In the case of properties acquired to submit them to official, national or provincial colonization plans or for use by the departments of War, Marina or Aeronautics. The tenants of the land subject to colonization plans, even if they have been acquired by expropriation, shall enjoy preference for acquiring them in the property they occupy;
(f) When the tenant is an anonymous company. This exception should be based on the consequences to be reported for the benefit of the general economy and the promotion of production, as well as on the possibility of increasing the settlement of agricultural producers. The owner who fails to comply with the conditions established by the authorisation agreement shall pay compensation equal to that provided for in subparagraph (a).ARTICLE 53. de The effectiveness of the exceptions agreed upon by application of the previous article will also be conditioned on a prior pronouncement of the agencies referred to in article 46.
They shall authorize the effect of the exception to the extension in the following cases:
(a) When it is credited that the tenant or apparition has land to work that constitutes an economic unit. This requirement shall be deemed to be fulfilled not only when the tenant or parker has such property, but also when the acquisition of land by the same, in property or lease and in acceptable conditions is sufficiently judged, whether in the properties affected to plans of official colonization or by offering of individuals. The tenant who meets the basic conditions required for the award of lots shall enjoy preference in the official colonization plans, which shall yield only to which the occupants of the land are recognized;
(b) When the lessee or apparitioner or his ascendants, descendants or spouse have not resided in the leased predium, or in their vicinity, or performed in the latter case personally or under their direct supervision;
(c) When the tenant or parker develops commercial, industrial, professional or capital activities, so that the agrarian exploitation constitutes a source of resources complementary to his family economy;
(d) Where the predio motif of the exception constitutes the sole means of subsistence of the owner. The tenant who must be evicted shall be included with absolute preference within the plans of official colonization, which shall ensure his residence in the shortest term;
(e) In the case of exceptions in article 52 (c), (d), (e) and (f).
Agreed to the exception and authorized its effectiveness, the eviction proceedings may be conducted and the launch of the tenants or apparitions who have not surrendered the premises within the time limit that the same set according to the type of each exploitation is available.ARTICLE 54. La Regulation shall determine the time, procedure and conditions for obtaining the exceptions referred to in article 52. ARTICLE 55. . Starting from 1 June 1949 and until 31 May 1950, leases or percentages of the distribution of the fruits above those corresponding to the date of this law shall not be allowed, excluding the 20 per cent reduction.
This time limit shall govern the leasing price or share of the proceeds agreed upon by the parties, empowering the executive branch to set it with general measures in the event of disagreement, and the agencies provided for in article 46 at the request of any of the parties concerned with respect to each case raised.ARTICLE 56. ). Facultase the Bank of the Argentine Nation to grant promotional credits, up to 100%, to settlers who wish to acquire the land they occupy or those subject to fractionation pursuant to Article 52 (c).
PART VProvisions Several ARTICLE 57. . Offences to article 40 committed by individuals or national or provincial officials shall be liable to fines of up to a thousand pesos national currency.
Payment of the fine imposed shall not exempt from the performance of the obligation breached. Repetitions will be repressed with the dull of the fines previously imposed on the offender.
Fines shall be imposed by ministerial resolution in accordance with the procedure established by the regulation. It may be appealed within fifteen days, upon payment of the same, to the federal judge or counsel corresponding to the place of the commission of the act. The limitation period of the action and the penalty shall be five years.ARTICLE 58. The Executive Power shall regulate the present law which shall begin to govern throughout the territory of the Republic on 1 June 1949 and be repealed from that date on 11.627, 12,842, 12,890, 12,995 and 13,198, and other legal provisions that are contrary to the present. ARTICLE 59. . Contracts that take place from the ten days of the date of the publication of this law are subject to all their precepts notwithstanding the provisions of the previous article. ARTICLE 60. . Contracts that are extended by application of Article 50 and current contracts shall be governed by this law from the date of its validity, established in Article 58.
If the landlords were leased with or without the express agreement of the tenant, provided that in the latter case the sub-renderers occupy the plot from 1 January 1946, the extension shall not be governed by the sub-locator from 1 June 1949 and in contracts whose time period expires thereafter, from the date of that expiration, with full entitlement. However, the subordinates may continue as direct tenants during the extension agreed to by article 50 with the same rights and obligations of the sub-locator, but paying the tenant the price they paid to it.
Authorizations to terminate agreed upon in respect of current contracts, which have not been used up to 10 days after the publication of this Act, shall automatically expire after that term.ARTICLE 61. . The eviction of the sub-locator will not proceed because of the fact that the sub-locator did not have the express authorization of the tenant to subarrendar, if they prove to be in possession of the predio since January 1, 1946.
Proceedings of eviction or termination of contracts based on such a case, in which he has not yet rescised the final judgement of the date of publication of this law, shall be filed, and the subordinates shall have the rights accorded to them in the preceding article.ARTICLE 62. . Any request, management or administrative or contentious action before the agencies of Article 46, which originates in the application of this Law and the contracts that are concluded according to it, shall be free from national sealing taxes. The executive branch will manage agreements with provincial governments to ensure equal benefits in their respective jurisdictions. ARTICLE 63. . The executive branch is empowered to invest up to the sum of two million pesos national currency, which will be taken from general incomes, while the respective credits are not incorporated into the general budget of the Nation, to attend to compliance with this law. ARTICLE 64. . Contact the executive branch.
Given in the meeting room of the Argentine Congress, in Buenos Aires, on September eight, nine hundred and forty-eight.
|A. TEISAIRE||H. J. CAPORA|
Alberto H. Reales
Rafael V. González