Rural Leases And Apparitions General Regulation Of Law N? 13.246 - Full Text Of The Norm

Original Language Title: ARRENDAMIENTOS Y APARCERIAS RURALES REGLAMENTACION GENERAL DE LA LEY N? 13.246 - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Buenos Aires, 18 May 1951

VISTO the present Expediente No. 38.576/50 of the Ministry of Agriculture and Livestock, in which the draft regulation of articles 52° c) and 53, inc (e) of Act No. 13.246, and


That the aforementioned project, elevated by the Central House of Parliament of Conciliation and Obligatory Arbitration of Rural Leasings and Apparitions, in use of the powers that accord to it in article 46 of Law No. 13.246 and article 77, paragraph (c) of the General Regulations of the same Law, complies with the purpose of the legislator, by authorizing the exception to which it is referred, that the land acquired by the

Therefore, and the proposal of the Minister Secretary of State in the Department of Agriculture and Livestock,

The President of the Argentine Nation, Decreta: Article 1 de Chapter XXII (articles 195° to 211°) of the General Regulations of Act No. 13,246, in accordance with the attached text, which is an integral part of this decree. Art. 2° El This Decree will be endorsed by the Ministers Secretary of State in the Departments of Agriculture and Livestock and Finance. Art. 3rd . Contact, publish, give to the Directorate General of the National Register and return to the Ministry of Agriculture and Livestock for its purposes. PERON. . Carlos A. Emery. . Alfredo Gómez Morales. EXCEPTIONS BY FRACCIONAMIENT

(Article 52, Subparagraph (c) and 53, subparagraph (e):

A. Preliminary Diligence Art. 195. The request referred to in article 158° of this Regulation shall be accompanied by three copies of the general field table and a triplicated chrome of the draft fractionation.

The petitioner may estimate the global price of his or her premises and provide any other information he or she considers useful.

Art. 196. El The respective file will be forwarded to the Directorate of Leasing and Rural Parking. This division, after consultation with the Banco de la Nación Argentina, will inform the petitioner:

(a) The amount to be deposited by the appropriate Technical and Promotional Management or branch, in respect of expenses and fees of the applicant designated by the said Baco.

(b) The sum to cover the costs of roads and mobility of the technician of the Directorate of Rural Leasing and Appearances shall be deposited in the General Directorate of Administration of the Ministry of Agriculture and Livestock of the Nation and as corresponding to the account of this Department "Required Services Directorate of Leasings and Rural Parkings".

Art. 197. ). Accredited by the petitioner, through the presentation of the respective vouchers, compliance with the requirements referred to in the article, the Directorate of Leasing and Rural Appearances shall have the necessary provisions for the realization of the required expertise (article 159 of the General Regulations). The unitary value of each lot will also be determined in approximate form and if possible. Art. 198. . If the findings of the two reports differed from each other, the Directorate of Leasing and Rural Appearances may provide that another staff member of its technical body will perform the "control" of those. If a new expertise is necessary, it will be done by the Directorate cited without charge for the applicant. Art. 199. La The communication referred to in Article 160° of this Regulation shall be practiced by the Directorate of Rural Leasing and Parking. In the case of Article 198, only the conclusions of the "Control" report will be made known. B. Transmission of the exception Art. 220. . Preliminary proceedings have been or have not been requested on the basis of article 52, paragraph (c) of Act No. 13.246 shall be in accordance with the provisions of articles 98 and below of the General Regulations. In the letter of demand the owner will indicate the price he wants to obtain for each lot and will accompany the plane of fractionation of the field, subscribed by Civil Engineer or National Farmer. Lots should be garliced. Art. 221. . When at the conciliation hearing provided for in Articles 104° and below of these Rules, all those involved in the case agree on the various elements of the purchase and sale operations, including price, the Regional Chamber may homolocate the conciliation by circumscribing its pronunciation to the mere conformity of those involved in buying and selling but without reference to price and to the condition of economic unity of the respective lots. If in this case the acquirers wish to make use of the official credit, they shall follow the procedure provided for in article 165 of these Rules. Art. 202. . If the parties are not reconciled in the manner provided for in the preceding article, the provisions of article 161 of the General Regulations shall apply. The order issued for such reason shall prevent the actor who the designated officials shall not perform his or her duties until he or she is not accredited to have satisfied the Bank of the Argentine Nation the amount of the expenses and fees of the expert of that institution. Art. 203. When the experts consider that the proposed fractionation does not conform to the provisions of article 59 (a) of this Regulation, they may fail to perform the valuation of each lot by projecting in such a case the one that in their opinion conforms to the norm mentioned, as well as the general valuation of the field. Art. 204. . Presented the expertise referred to in articles 202° and 203° or, where appropriate, that of "Control", the file shall remain in the office at the disposal of the parties during the term and for the purposes provided for in article 110°, part one, of this Regulation. Art. 205. . If in the situation contemplated by article 203, the owner states his conformity with the project of fractionation proposed by him or her experts, he or she must proceed to the refurbishment of the lots so that the House may promptly dispose of its plotting rate prior to compliance with this expertise as provided for in article 202, the last part.

The qualification by experts shall be carried out in accordance with article 204.

Art. 206. . The sentence issued as a result of articles 52 (c) of Law 13.246 and 59 of this regulation shall agree or deny the exception. In the event of an agreement, it shall determine the conditions relating to the fractionation and price and authorize the time-bound effectiveness in the manner provided for in article 129, making it clear that the judgement shall not be enforceable by the judicial authorities while the Chamber does not declare the extent referred to in article 210 to be fulfilled. The judgement shall not contain a pronouncement from point to cost, which shall be determined at the time referred to in article 207. Art. 207. Once the judgement has been handed down with a judged case authority, the owner shall be indicted to express himself within five days of notice, if he is to make use of the right conferred upon him. This intimation shall be made under the apprehension that its silence or refusal shall be regarded as a waiver of that right, proceeding to the file of the proceedings; in this case the costs shall always be imposed on the owner. Art. 208. de If the owner expresses his intention to make use of the right granted to him by the judgement rendered, the file shall be turned to the Directorate of Leasings and Rural Appearances in order to ensure that through appropriate officials and within 60 days, the priorities for the award of lots are determined and to proceed to the relevant notifications, the priority order shall be as follows:

1/ The tenants and/or occupants of the property.

2°) The tenants and/or apparitions who would have been evicted by the inadequacy of lots in another fraction of Article 52, paragraph (c) of Law 13.246.

3°) Tenants and/or apparitions with contracts excepted for extension and effectiveness subject to compliance with article 53 (a) or (d) of Law 13.246.

Art. 209. . Determined priorities, the file will be passed to the Banco de la Nación Argentina for the purposes of the processing of the credit provided for in Articles 157 and below of these Rules. Art. 210. . Complying with the procedures provided for in articles 208 and 209, the Chamber, following a report by the Directorate of Rural Leasing and Appearances and if it is of the Bank of the Argentine Nation, shall authorize the execution of the judgement by the judicial courts and shall accord to the owner the restitution of the lots that had not been awarded. Art. 211. . The owner of a field which, because of its surface, does not admit fractionation, may apply for the exception provided for in article 52 (c) of Law 13.246, provided that it constitutes an economic unit. In this case, no preliminary expertise may be requested and the relevant articles of this Regulation shall apply.