Key Benefits:
BY CUANRO:
The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., strongly sanction LEY:Sanctioned: July 31-1958
ARTICLE 1 Todos All contracts for rural leases and apparitions, included in the extensions provided by Decree-Laws 7.095/55, 2.187/57 and 9.991/57, provided that the tenants and apparitions retain the possession of the predium, are extended until 31 December 1961, and this period may be extended until 31 May 1962.
They will also enjoy the extension set forth above, the tenants or apparitions who had not made the option to the three-year extension provided for in the first section "in-fine" of Art. 50 ley of Law 13.246., omitted to make the offer of purchase of the predium that they occupy in the terms of Art. 3° - of Decree-Law number 2.187. or rejected the conditions set for sale.
Proceedings initiated by such cases shall be filed, unless there is a sentence passed in the authority of a proceeding, at the date of promulgation of this Act.
ARTICLE 2° . The extension provided for in Article 1 shall not prejudice the enforcement of the firm sentences of eviction handed down by the competent bodies, nor that of the approved conciliations concerning the surrender of the prisoner. The exception of this rule is the cases resolved by judgements or approvals that are the consequences of the cases provided for in the article, in which case the respective contracts shall have an extension of one year from the sanction of this Act, for the execution or performance of one or another.
ARTICLE 3° Los The competent courts shall grant exceptions to the extension provided for in Article 1 in any of the following cases:
(a) When the person who makes the order is a natural person, he credits himself or herself as a proprietor or usufructuario, from the date prior to 31 December 1952, except the successors for the cause of death whose causator reunited that condition and provided that the petitioner does not exploit another rural property of his or her property, constituting an economic unit, unless it proves that it needs more land to rationalize or unify its exploitation directly,
(b) If it is verified that the owner or usufructuario, without justified cause, has not begun to exploit the predio within the 90-day period of its reception, free of occupants, and/or continued such exploitation during the fixed minimum period, will pay the tenant or parking lot an indemnity of up to 1,000 pesos per hectare, if the latter did not opt for the restitution of the predio.
This causal may be invoked only in respect of an economic unit.
(b) Where the owner under the same conditions in the preceding paragraph wishes to financially independ one or more of his children over the age of 18, initiating them in the land exploitation, provided that he commits himself to do so directly and personally for a minimum period of five years. In the event of non-compliance, the owner and his or her children shall be obliged to pay jointly to the lessee or apportionment, if the latter did not choose the restitution of the premises.
(c) When the owner wishes to split his field for sale in lots to agricultural producers. Tenants or parks will have preferences for the acquisition of lots in the property they occupy. The owner who fails to comply with the conditions established in the agreement on the exception shall be liable to the same penalties as set out in subparagraph (b).
(d) When the tenant or parker also counts, as owner, tenant or parking owner, or usufructuario for longer than the extension, with a fraction of the field that constitutes an economic unit available for its exploitation.
(e) In the case of property acquired to submit them to national or provincial official settlement plans, or for use by the Nation or the Provinces.
The tenants of the land subject to colonization plans, even if they have been acquired by expropriation, shall enjoy preference for acquiring an economic unit in the property they occupy.
(f) When the tenant or apparition is an anonymous company, of limited liability or co-mandated for actions; this exception shall be founded taking into account the social and economic consequences that the measure must report for the benefit of the general interest, the promotion of production, as well as the possibilities of increasing the stead of agrarian producers.
The owner who fails to comply with the conditions established by him to agree to the authorization shall pay compensation equal to that provided for in subparagraph (b).
(g) When the tenant or parker regularly develops commercial, industrial or professional activities, has capitals or develops another economic activity outside the exploitation of the leased land, so that it constitutes a source of resources complementary to his family economy.
(h) When the landlord wishes to deploy experimental, production or protective forests, up to 20 percent of the leased surface or granted in stock. The exception shall be agreed on the indicated percentage of the prisoner and provided that the appropriate economic unit is not affected.
In the event of non-compliance by the owner of the afforestation plan within the time limits set, compensation shall be payable equal to that provided for in subparagraph (b).
(i) When the leased or parked predium is located within the loteo area of the towns, cities or ports, and prevents the expansion of the same. This condition will be considered to be fulfilled, when it medie resolution of competent authority by providing openings of streets, authorizing loins and imposing levies according to the urban destination that it assigns to the fraction in question.
(j) When the tenant or apparitioner or his ascendants, descendants or spouses have not resided in the leased predium or in their proximity or performed in the latter case personally or under their direct supervision.
ARTICLE 4° s In the cases provided for in subparagraphs (a), (b), (e) and (i) of the preceding article, eviction shall not be effective except when some of the following circumstances occur:
(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 the property, but also when the acquisition of land by the property is sufficiently secured, in property, lease or parking in acceptable conditions, whether in the property affected by official settlement plans or by offers of individuals, or possesses sufficient means for the acquisition of an economic unit. The tenant who meets the basic conditions required for the award of lots shall enjoy preference in the settlement plans;
(b) Where the lessee or apparition concerned to be presented for similar or related exploitation, it does not or does not become a grantor for failing to meet the basic requirements set out in the respective national or provincial laws, and provided that it measures, in this regard, an express statement by the corresponding colonizing agency, which shall not be taken into account when it is founded at the age of the applicant.
ARTICLE 5° . Once the exception or in its case the effectiveness is agreed, the competent authority shall without further processing the release of the tenants or apparitions that have not delivered the predio in the specified time and conditions.
ARTICLE 6° . Keep the exceptions to the legal extension agreed under the regime of the previous laws. Trials of exception to the legal extension or the effectiveness in progress shall be set forth in the respective provisions of this Act.
ARTICLE 7° . In the leases extended by Article 1 of this Law, the prices that the parties agree will govern as long as it lasts. In the event of disagreement, the law enforcement agencies shall be set at the request of any interested party. In such case the lease price may not exceed 6% on the value of the predium based on its productivity and calculated on the previous immediate decade.
In cases where trial is promoted for the application of this article, the prices that are set shall, from the date of initiation of the claim, which shall not prejudice the exercise of the rights under articles 3 and 12 of the present.
Contracts for apparition shall govern the percentages of the distribution of fruits in force as at 31 December 1955, without prejudice to the right of review contained in the permanent regime of the law.
ARTICLE 8° . Law enforcement agencies will not authorize increases in leasing prices in accordance with the provisions of Article 7° of the present, in cases where the locator is an anonymous company, in which the premises constitute four or more economic units and are fully leased or paid in apparitions to four or more tenants, in cases where the estates are not maintained in the possessions, in which the colony is not maintained.
ARTICLE 9° . Without prejudice to the above provisions, the tenants or apparitions, whose contracts are covered by the extension of Article 1 and who have not opted for the purchase of the field in accordance with the provisions of Decree-Laws 2.187/57 and 9.991/57 and their regulation, may within 120 days of the publication of the present law, offering the formal notice, If the owners expressly reject the offer, do not answer it within 60 days of receipt or do not accept in the terms of sale, which, in the event of disagreement with them set the law enforcement agencies, the respective contracts shall be deemed automatically extended until 31 December 1964 or until 31 May 1965, if at that time the crops carried out in the previous year, without prejudice to the rights agreed upon by the 4th and 7th May 1965.
This extension will be extended until 31 December 1966 or 31 May 1967 if your property title was later than 31 December 1952, except for cases of inheritance, legacies, donation, permute or purchase between cohereds.
The tenant may limit his or her purchase offer to an economic unit provided that the remaining area constitutes or allows the integration of such a unit.
ARTICLE 10. . When, in relation to two different fractions, a locator has entered into two lease or parking contracts with the same tenant or parker, and it will be proved fruitfully that one of them was exploited by the owner and the other worked directly and personally by one of his children with his family, he will have the right to make the respective purchase offer in respect of that fraction, provided that he has resided in one of them, from a minimum of them.
ARTICLE 11. . The owner who has rejected the purchase offer made under the regime provided by Decree-Law 2.187/57 or who has not received it may also propose to the tenants or apparitions the sale of the property they occupy or of an economic unit, appropriate within it, by formal notification for this purpose, within 120 days of the publication of this law, at the price he deems reasonable. If the lessee or apparition expressly rejects the offer, the owner shall not answer it within 60 days of receipt or does not accept the terms of sale which, in short and in case of disagreement fixed by the competent agencies, the owner may request them to fix a new lease price or percentage of distribution of fruits, without subject to the first of the provisions of Article 7°, which shall govern by the end of the extension established in the first article.
ARTICLE 12. . Once the sale of part of the predium is agreed upon in the conditions established by the previous articles, the tenant or aparcerer shall restore the remaining area to the owner in the act of subscribing the translative writing of the domain, or at the end of the raising of the existing crops to that date, except agreement of parts.
ARTICLE 13. . In the event of a discrepancy between the parties on the conditions of sale, the person who has made the offer will have equal benefits than those who agree on the refusal of the offer, if the opposite is not presented to the competent agencies in order to resolve the dispute.
Such a submission shall be made by 31 December 1958, in cases where the offer has been made under the terms of Decree-Law 2.187, to which effect the time limit provided for in article 5 of the same and article 1 of Decree-Law 9.991/57 has been extended to that date, and within 90 days of the formulation of the counter-offer, when the latter is carried out in accordance with the rights conferred by this Act.
ARTICLE 14. . When in cases where the locator is an anonymous company or the field constitutes four or more economic units entirely leased or ceded in appearance to four or more tenants or parkers, medie offer of purchase by these and the same is not answered, it is rejected or not accepted in the conditions of the sale that ultimately fix the implementing agencies, the executive branch is authorized to proceed to such sale. To that end, all rural land is declared to be of public utility and subject to expropriation in respect of which the circumstances set forth in this article apply.
ARTICLE 15. . Operated the expropriation of the previous article if any of the tenants or apparitions were included in the exceptions to the extensions provided for in subparagraphs (d) and (g) of the third article of this law, the owner who is covered by subparagraph (a) of that article may request the field to exploit it. Otherwise the lot will pass to the agrarian council.
ARTICLE 16. El The sales price will be set as the basis for the productivity value of the predio object of the operation, calculated on the eight years prior to the valuation.
Law enforcement agencies will be able to increase this value, until the result of the productivity valuation of the quinquennium prior to the same, to the maximum extent, when it comes to an owner who leases a single field, and inversely reduces it to the one who throws the 10-year productivity in the cases of Article 14, regulating proportionally, within such limits, the intermediate situations.
ARTICLE 17. El The Banco de la Nación Argentina will agree on credits of 80% of the value of taxation or of sale if the latter is lower, amortizable within a period of up to 25 years in the conditions and form of financing that are established regulatoryly, which will contemplate the possibilities of the acquirer and his right to decent living conditions.
This credit shall be extended to 100 per 100 of the value of the valuation of the field or of sale if the latter is less, when the tenant or the buyer's appearance proves to be of absolute impossibility to make the contribution of the initial quota and possesses favorable personal record for obtaining the credit.
It will also differ from the collection of the repayments and interest rates, in whole or in part, in the cases of losses or crop failures.
ARTICLE 18. . In the sale transactions that are carried out in accordance with the provisions of this law, the seller shall be exempt from the payment of the tax on eventual profits, when the lessee or apparitioner has an age of three years, at least in the predium subject to the sale, and the tax on the revenues corresponding to the total interest he receives for the portion of the price he has financed. The buyer, for his part, shall be exempt from the tax on the proceeds of the predio object of the operation, for the term of five years included that of the celebration of the sale.
ARTICLE 19. . The tax exemptions and the conditions of financing shall be limited to the operations of the sale of field that do not exceed an economic unit, except in the case provided for in article 9 of the last paragraph, of this law.
ARTICLE 20. Los The tenants or apparitions that acquire the preds that occupy under the conditions established by the preceding articles make or not use the official credit are subject to the following prohibitions:
1 . Drop the sales ticket under penalty of nullity of the act and immediately remove the predio.
2° . Disposal them before five years, counted from the date of the granting of the translative writing of the domain, having to exploit them by equal direct and personally or through their spouse, descendants or ascendants.
3° . Subdividing the economic unit of exploitation. In case of death-related transmission, the judge, in default of agreement, shall designate the heir who will continue to be the owner of the domain and the Bank of the Nation shall grant him the credit required to pay the portion of the heirs thus excluded.
Judges shall not approve awards of goods or public scribes shall grant deeds relating to them without prior verification of compliance with these requirements.
Translative deeds of domain of property acquired by tenants or apparitions, under the conditions mentioned, shall contain the express record of the prohibition of sale during the specified period, by the scribe who omits it in fault that it will be sanctioned and applied in accordance with Law 12.990.
The law enforcement bodies may exempt from complying with the requirements set out in paragraph (2) of this article the buyers who prove fervently to be of all necessity from those requirements.
The operations that are carried out in violation of the prohibition set out in this article will make it passable to those who make it, in solidarity, a fine of up to $100,000, which will enter the funds allocated to the National Agrarian Council.
ARTICLE 21. . Contracts entered into after 28 September 1948 which were not covered by Article 3 of Decree-Law 9.991/57 shall conform to the agreed conditions. This, however, may, within 120 days of the publication of this Act, choose to purchase the field under the conditions of Article 9 of the land.
If the locator expressly rejects the offer, he shall not answer it within 60 days of receipt or does not accept the terms of sale which, in short, and in case of disagreement with them, shall fix the law enforcement agencies, the respective contract shall be deemed extended by the term of two years, to the publication of this law and provided that the expiration of the contractual period does not exceed that date.
If there were any such contracts, a firm decision of eviction issued by the competent bodies or agreements approved for the surrender of the premises that are the result of actions based on the expiration of the deadline or the lack of acceptance of the optional three-year extension provided for in article 4 of Law 13.246, the refusal by the owner of the offer made by the tenant or aparcero shall not give the present right to a single extension of the present year.
ARTICLE 22. El The National Agrarian Council will seek the settlement of the tenants or apparitions who, on the basis of the application of articles 2 and 21 of this law, must proceed to the eviction of the land they occupy.
ARTICLE 23. . In all cases in which, by application of this law, the fields must be divided, the offer of purchase or sale, the counter-offer and the judgement of the competent agency in its case, it will be carried out in such a way that the continuity of the farms is maintained, except the modifications that are necessary for surface reasons or to maintain the unity, regularity and uniformity of the farms.
ARTICLE 24. El The Executive Power of the Nation will agree with the provincial governments, the measures leading to the granting of tax exemptions and the conditions of credits consistent with those set forth in this law.
ARTICLE 25. . The modifications of the legal situations that the parties have voluntarily carried out after 1 January 1958 shall not be considered in order to circumvent or conform to the provisions of this Act.
ARTICLE 26. Todas All matters arising from the application of this law shall be the exclusive competence of the chambers of leases and rural apparel.
ARTICLE 27. . The deadlines set forth in this Law shall be computed for days in a row.
ARTICLE 28. . Proceedings in accordance with the provisions of the Decree - Law 2.187/57 and their amendments shall conform to the provisions of this Act.
ARTICLE 29. . Decrees are repealed Laws 2.187, 2,188, 9,991 of 1957 and 3,812, 6,283, 6,074 and 6,430 of 1958, and other legal provisions that oppose the present.
ARTICLE 30. . Contact the executive branch.
Given in the meeting room of the Argentine Congress, in Buenos Aires, thirty-one day of the month of July of the year, a thousand nine hundred and fifty-eight.
Registered under No. 14.451 el A. GOMEZ | F. F. MONJARDIN |
Pedro O. Sbarra | Eduardo T. Oliver |
Adopted by the Executive Branch, pursuant to article 70 of the National Constitution.