Rural Leases And Apparitions Evictions - Full Text Of The Norm

Original Language Title: ARRENDAMIENTOS Y APARCERIAS RURALES DESALOJOS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
OF RURAL DISALOJES Act No. 13.198

Buenos Aires, 15 May 1948

WHY:

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

Article 1 Todos All leases covered by the law 11.627, expired or defeated, provided that the tenant retains possession of the property. They will be considered extended under current conditions until May 31, 1949.

Art. 2° El The term of extension established in the previous article shall not govern:

(a) For the sublocators. Sub-locators who occupy the predio before the initiation of the eviction trial that determined the cessation of the lease, despite the exclusion of the principal locator, have the right to continue to hold the predio for the term of extension already expressed, paying the owner the same price of the lease paid to the sub-locator;

(b) When the tenant or his ascendants, descendants or spouse do not reside in the leased pred or in the vicinity, in the latter case it must be credited that he performs the work personally or under his direct supervision. The Executive Power will resolve whether requests for exceptions to the extension based on this case are justified;

(c) Where the tenant is in turn the owner of a fraction of the field that is unoccupied or under direct exploitation and constitutes an economic unit, according to a decision that in each case dictates the Executive Power;

(d) When the locator has been exempted from previous extensions by the Rural Leasing and Appearance Authority under the authority agreed to by this agency and the tenant has land to work that constitutes an economic unit, according to a decision that in each case dictates the Ministry of Agriculture, through such distribution. This requirement shall be deemed to be fulfilled not only in the event that the tenant has such property, but when the State or private persons have made it available, for sale or lease, under acceptable conditions in accordance with the pronouncement of the administrative authority cited;

(e) For leases relating to properties subject to national or provincial official settlement plans or under the dependency of the departments of War, Marina and Aeronautics.

In all cases which are subject to the decision of the Directorate of Rural Leasing and Appearances, or units of the Executive Branch, a decision shall be issued within one hundred and twenty days, which shall be terminated which the judicial path shall be opened, even if there is no administrative pronouncement.

Art. 3° . Stay in the territory of the Republic, until 31 May 1949, all trials for the eviction of rural premises, regardless of their state of procedure, even if they have a firm and definitive sentence and order of release, provided that the tenant retains the possession of the predio, except those that are part of any of the grounds provided for in Article 2 and prior compliance with the administrative procedure that is required in the same.

To the same date, no new cases of eviction of rural premises may be initiated except in the cases provided for in the preceding section. All eviction proceedings referred to in the first subparagraph of this article shall be paralyzed, following a judicial declaration in this regard.

Art. 4° . The provisions of the previous article do not govern in the event that the causal invoked is the lack of payment of the price of the lease. In this case, the defendant for eviction may obtain a stay of the trial for the period of ninety days, paying a semester of the lease. If within those ninety days the totality of the unpaid leases with more interest to the type that the Bank of the Argentine Nation and the costs of the trial shall be carried out as provided for in Article 3.

Art. 5° . Mantiénense is mandatory for the period set out in Article 1; the reduction in lease prices, as well as the other provisions of Laws 12.842 and 12.995 which do not object to this Law.

Art. 6° . Seal tax exempts all requests, arrangements or administrative actions motivated by the application of all decrees laws and laws for the extension and reduction of the price of rural leases.

Art. 7° . The provisions of this law are of public order, their profits and null and void, and the contractual clauses that are contrary to it are of no value.

Art. 8° . Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, fourteen days of the month of May of the year a thousand nine hundred forty-eight.

A. Bavio

Hector J. Printora

Alberto H. Reales

Leonidas Zavalla Carbó