Ministry Of Economy Agriculture And Livestock - Full Text Of The Norm

Original Language Title: MINISTERIO DE ECONOMIA AGRICULTURA Y GANADERIA - Texto completo de la norma

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Ministry of Economy AGRICULTURA AND GANADERIA DECRETO No. 4.314. Apply the necessary measures to increase agricultural production.

VISTO: The need to provide the necessary measures to increase agricultural production, an objective of fundamental importance within the Government ' s comprehensive plan to achieve national economic reactivation, and


That in order for the immediate start of the programme to achieve the stated purpose, and without prejudice to further action to be taken, it is necessary in the face of the imminence of the initiation of the next agricultural year, to promote the conclusion of short-term accidental contracts;

To that end, it is necessary to encircle them with all the necessary guarantees so that, on the one hand, the owners may yield their preds without the fear that their unemployment, due to the accidental contract, will be delayed for any reason; and the other so that the producers who, due to temporary and circumstantial demands of any agricultural exploitation, need to conclude this type of agreements, achieve the possibility to do so without finding the resistance that currently exists;

That the same possibility should also be favoured by those who, by developing or not in a regular manner, possess sufficient and adequate work capacity and mechanical means to return to production;

That all this must be achieved without prejudice to fundamental social principles that the substantive legislation has sought to protect, such as the stability of tenants in the land they work, and so that it is possible to reconcile this high interest with that of increasing national production;

That for the case of anonymous, civil, commercial companies, etc., as well as for producers who possess a stable exploitation or for those who make accidental crops or other fields as usual means of life, there is no problem of stability in the land;

On the other hand, wishing to avoid the law that through accidental or short-term grazing contracts, those principles are violated, the protection must be ensured to those who are visible persons who lack another field of activity, whether as owners or tenants, unless such contracts constitute their usual task;

That as a means of securing a greater guarantee is provided the power to request during the course of the contract, its qualification as accidental or short-term grazing, being this optional procedure in order to avoid it when it is not considered indispensable;


The President of the Argentine Nation, Decreta:

Article 1 . Contracts under which the use and enjoyment of a predium with an exclusive pastoral destination is ceased for a term not exceeding one (1) year and accidental lease contracts for the cultivation of a single harvest shall be governed by the rules of the Civil Code when the leases are legal persons, commercial or civil companies, persons of visible existence owning of other preys, and are governed by the provisions of the Civil Code.

Art. 2° . Contracts referred to in the previous article shall be entered into in writing and entered into the Register of the Directorate of Rural Leasing and Appearance. The lessor may request the competent Regional Chamber to qualify the contract as an accidental or short-term grazing, on the occasion of the original contract, for the extension, renewal or new contract, to which effect he shall transmit a copy of the contract signed with all necessary backgrounds, without prejudice to which, of course, he may seek the said Agency.

When the tenant is placed in some of the cases provided for in the previous article, the Chamber shall, at a minimum advance of sixty (60) days, of the date of expiration of the contract, classify the latter as an accidental or short-term pasture and simultaneously issue the tenant requesting the respective testimony, which shall have the courage to achieve the expiration of the contract, without further processing, the unemployment of the property.

Art. 3° . If the time limit set in the previous article has not been issued by the Chamber and the testimony, the contract shall be deemed tacitly qualified as accidental or short-term grazing, provided that the respective application accompanied by all its priors would have been filed within the sixty (60) days of formalization of the agreement.

Art. 4° . Short-term or accidental grazing contracts for a single harvest held with tenants who are not covered in the situations provided for in Article 1 shall also be governed by the rules contained in Articles 2 and 3 of this Decree, but their renewal, extension or new procurement by which a period of more than one (1) year shall be considered in the case of grazing contracts and more than one accidental harvest shall be imported under the law.

Art. 5° . Considérase contract accidentally for a single harvest, the one that understands the most feasible crops to be carried out in the same year or agricultural campaign.

Art. 6° presente This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State for Agriculture and Livestock of the Nation.

Article 7° . Contact, publish, give to the Directorate General of the Official Gazette and Printers and return to the Ministry of Agriculture and Livestock of the Nation.

GUIDE. . Alvaro Alsogaray. . César I. Urien.