RURAL AND APARTMENTS

LEY N° 13.246

Bs. As., 8/9/1948

See Background

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 I

of 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 (Article Derogated by Article 2 of the Decree-Law No. 1639/1963 B.O. 7/3/1963) ARTICLE 4 . The contracts referred to in Article 2 shall have a minimum period of three (3) years. Any successive contract between the same parties with respect to the same area shall also be deemed to have been concluded by that term, in the event that the time limit or the time limit is not established.

The extension that has originally been agreed upon as an optional by the parties shall not be considered successive contract.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 5° (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 6 (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 7° O The tenant may not yield the contract or subarrer, except for express consent of the tenant. If the death of the tenant occurs, the continuation of the contract shall be permitted by its descendants, ascendants, spouse or collateral until the second degree that they have participated directly in the exploitation, or their termination, at their choice. The decision shall be notified in earnest to the tenant within thirty (30) days after the death. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 8 . Any irrational exploitation of the soil that originates its erosion or depletion is prohibited, however any clause to the contrary containing the respective contracts. In the event of a violation of this prohibition by the tenant, the tenant may terminate the contract or seek judicially the cessation of the prohibited activity, and may in both cases claim damages. If the erosion or depletion survives on a fortuitous case or force majeure, either party may declare the contract terminated. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 9 (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 10. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 11. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 12. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 13. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 14. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) 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 (1) year, including semovants and the production of the exploitation,

The benefits that this article agrees will not affect the seller's credit for declared inembarkable and unexecutable goods and will not understand the tenants who are capital societies.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 16. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) 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 exploitation with a particular person or company;

(b) Hiring the execution of rural tasks, including harvesting and transporting or acquiring or using machinery, seeds and other elements necessary for the exploitation of the land, or of subsistence goods with a particular person or company;

(c) To use a specific system or elements for the harvest or marketing of products or to perform exploitation in a manner that does not conform to appropriate cultural techniques;

Contracts involving breeding, seedlings or establishments for select seeds under the control of the Ministry of Agriculture and Livestock of the Nation are excluded from the previous prohibitions.

They shall also be unsanitary and shall have no value and effect whatsoever clauses that import the extension of jurisdiction or the establishment of a special domicile other than the real of the tenant.

(Article replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957

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 with 50% (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 they were received, except for the deterioration caused by the use and action of time.

From the tenant:

(d) Contribute with fifty per cent (50 per cent) of the expenses that demand the fight against weeds and pests if the prisoner had them when he hired.

(e) When the number of tenants exceeds twenty-five (25) and there are no public schools less than ten (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 (30) pupils, adequate housing for the teacher and installation for the supply of drinking water.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 19. . The unjustified abandonment of the exploitation by the tenant or the lack of payment of the lease price in any of the terms set out in the contract are causal that give the tenant the right to terminate the contract and demand the eviction of the property.

Failure to comply with the obligations specified in Article 18 (a), (b) and (c) shall enable the lessor to request the performance or termination of the contract, and may claim damages incurred.

Failure to comply with the obligation specified in Article 18(d) shall enable the tenant to compensate the credit for the amounts invested with the arrears, without prejudice to the power to require immediate payment.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 20. . The legal term or the term agreed upon, if the latter were greater, the tenant must restore the land without the right to any additional period for the eviction and free delivery of occupants. (Article replaced by Article 2 of the Act No. 21.452 B.O. 11/11/1976)

PART II

From 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. de The precepts of Articles 4th, 8th, 15, 17 and 18 are applicable to parking contracts in which the use and enjoyment of a rural predium is granted. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) 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. El The contract will not end, except for the opposite option of the appearance, for the death of the giver or for the alienation of the predium. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 28. Toda Any emerging action of the parking contract will prescribe at the age of five. ARTICLE 29. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980)

CHAPTER I

Of the agricultural parks ARTICULO 30. . The parties can freely agree on the percentage in the distribution of the fruits. . None of the parties will be able to dispose of the fruits without having previously distributed them, except for express authorization from the other. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 31. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) 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.

CHAPTER II

From the fish parceries

ARTICLE 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 III

Provisions common to titles I and II ARTICLE 39. They are excluded from the provisions of this law:

(a) Contracts in which, due to their accidental nature, the performance of up to two (2) harvests, at most, either on a one-by-year basis or within the same agricultural year, where it is possible to perform it on the same surface, in which case the contract may not exceed the time required to lift the harvest of the last crop.

(b) Contracts under which the use and enjoyment of a predium is granted for grazing purposes only, which are concluded for a period not exceeding one (1) year.

In the event of an extension or renewal between the same parties and on the same area, by which time periods are set up greater than those set out in this article, or where the term of one (1) year between the new contract and the expiry of the previous contract has not been terminated, the contract shall be deemed to be included in the provisions of this Act.

The qualification and approval of the contract shall be made at the request of the party by the competent judicial authority, and the corresponding testimony must be issued simultaneously. . Upon expiration of the contract, the presentation of such testimony to the competent judicial authority shall be sufficient title to order the immediate unemployment of the property by the procedure of execution of the sentence in force in the respective jurisdiction. . In addition to ordering unemployment, such authority at the request of a party shall impose on the contractor that he has not vacated the premises a fine equivalent to 5 per cent (5 per cent) per day of the rental price on behalf of the owner, for every day of delay in the restitution of the property until his free reception of occupants by the owner. . In the event that the contract is presented for qualification up to fifteen (15) days before the delivery of the prisoner to the contractor and the judicial authority involved does not perform the qualification and approval in that period, the contract is presumed to have been qualified as accidental.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 40. . Contracts referred to in this Act shall be written in writing. . If such formality had been omitted, and its existence could be proved in accordance with the general provisions, it shall be considered to be framed in the precepts of this law and protected by all the benefits that she agrees. . Any of the parties may apply to the other party to give it a written contract. El The contract may be inscribed by any of the parties to the real estate records, for which purpose it will suffice the instrument to have its signatures certified by scribe, peace judge or other competent public official. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 41. los The contracts referred to in this Act shall apply in the following order:

(a) The provisions of this Act.

(b) The conventions of the parties.

(c) The rules of the Civil Code, especially those relating to the location.

(d) Local customs and customs.

(Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) 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. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) 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, detachment works, irrigation, invention that retard the productivity of its exploitation for a period of more than two (2) years, may be held up to the maximum period of twenty (20) years. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 46. (Article repealed by Article 4 of the Act No. 17.181 B.O. 28/2/1967) ARTICLE 47. (Article derogated by art. 1 Decree-Law No. 1638/1963 B.O. 7/3/1963) ARTICLE 48. (Article derogated by art. 1 Decree-Law No. 1638/1963 B.O. 7/3/1963) ARTICLE 49. (Article derogated by art. 1 Decree-Law No. 1638/1963 B.O. 7/3/1963)

PART IV

Transitional provisions ARTICLE 50. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 51. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 52. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 53. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 54. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 55. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 56. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980)

PART V

Provisions Several ARTICLE 57. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 58. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 59. . Contracts that take place after the validity of this law are subject to their provisions. (Article replaced by Article 1 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 60. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 61. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 62. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) ARTICLE 63. (Article Derogated by Article 2 of the Act No. 22,298 B.O. 9/10/1980) 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

Registered under No. 13.246 el Background - Article 39 replaced by art. 1 Act No. 21.452 B.O. 11/11/1976; - Article 55 reprinted in force by art. 1 Decree-Law No. 1.639/1963 B.O. 7/3/1963; - Article 54 reprinted in force by art. 1 Decree-Law No. 1.639/1963 B.O. 7/3/1963; - Article 6 reprinted in force by art. 1 Decree-Law No. 1.639/1963 B.O. 7/3/1963; - Article 39 replaced by art. 3. Decree-Law No. 1639/1963 B.O. 7/3/1963;

- Article 4 replaced by art. 4° from Decree-Law No. 1639/1963 B.O. 7/3/1963;

- Article 5 replaced by art. 5° from Decree-Law No. 1639/1963 B.O. 7/3/1963;

- Article 11, third paragraph, percentage "20%" replaced by percentage "30%" by art. 1 of Act No. 14.990 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 consult ADLA-A 160;

- Article 11 (d) incorporated by art. 1 of Act No. 14.990 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 consult ADLA-A 160;

- Article 4th, last paragraph incorporated by art. 1 Decree-Law No. 6430/1958 B.O. 14/5/1958. Watch: from the date of publication;

- Article 5, incorporated by art. 2nd Decree-Law No. 6430/1958 B.O. 14/5/1958. Watch: from the date of publication;

- Article 22 replaced by article 3 Decree-Law No. 6430/1958 B.O. 14/5/1958. Watch: from the date of publication;

- Article 62 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 60 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 53 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 52 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 50 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 45 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 39 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 30 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 27 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 22 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 20 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 19 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 18 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 12 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 7 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 4 replaced by art. 1 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 55 repealed by article 5 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 54 repealed by article 5 Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 6 repealed by article 5 of the Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 5 derogated from article 5 of the Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Article 3 derogated from article 5 of the Decree-Law No. 2188/1957 B.O. 13/3/1957: 1 March 1957;

- Artículo 3° sustituido por art. 1° de la Ley N° 14.432 la que no fue publicada en Boletín Oficial. Para consultar las modificaciones introducidas por la misma a la Ley N° 13.246 ver ADLA 1955 XV-A página 14;

- Article 4 replaced by Article 2 of Law No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 7 replaced by Article 3 of Law No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Act No. 13.246 see ADLA 1955 XV-A page 14;

- Artículo 10 sustituido por art. 4° de la Ley N° 14.432 la que no fue publicada en Boletín Oficial. Para consultar las modificaciones introducidas por la misma a la Ley N° 13.246 ver ADLA 1955 XV-A página 14;

- Article 11, subparagraph (c) replaced by article 5 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 12, second section incorporated by art. 7th Law No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 17, the penultimate section incorporated by Article 8 of Law No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 18 replaced by art. 9th of Law No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 19 replaced by art. 10 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 27 replaced by art. 11 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 31 replaced by art. 12 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 39 replaced by art. 13 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 46 replaced by art. 14 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 48 replaced by art. 15 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 50, first paragraph replaced by art. 16 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 52 replaced by art. 17 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 53 replaced by art. 18 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 57, first section replaced by art. 20 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 62 replaced by art. 21 of Act No. 14.432 which was not published in Official Gazette. To consult the amendments introduced by it to Law No. 13.246 see ADLA 1955 XV-A page 14; - Article 48 replaced by 2nd of the Act No. 13.897 B.O. 29/5/1950; - Article 47 repealed by 4° of the Act No. 13.897 B.O. 29/5/1950; - Article 49 repealed by 4° of the Act No. 13.897 B.O. 29/5/1950.