Key Benefits:
Bs. As., 30/9/63
VISTO: The provisions of Decree No. 1.639/63 concerning the validity and reforms of Act No. 13.246 on rural leases and parking, and
CONSIDERING:
That the newly sanctioned legislation requires a new regulation of law 13246.
For this reason and attentive to the proposal of the Secretary of State for Agriculture and Livestock,
The President of the Argentine Nation, Decreta:Article 1. . For the purposes of Art. 2nd of Law 13.246, consider the urban plant of the cities or towns the population nucleus where there is building and whose fractionation is effectively represented by apples and plots, whether or not it has municipal services and is or is not understood within what the respective municipality considers as ejido of the people.
Art. 2°. . Property leases located in the urban plant are excluded from the Act No. 13.246, although they are intended for agricultural production. . The leases of property located outside the urban plant shall be governed by law 13.246, provided that the fate of the land is agricultural exploitation in any of its specializations and does not affect the immediate development or evolution of cities or towns.
Art. 3. . When the land leased by a single contract is used in more than one destination, as in the case of agricultural production and commercial or industrial exploitation. The legal regime applicable to the lease contract shall be determined by the main activity to which the pred is engaged, without the accessory.
Art. 4°. . Contracts that, despite not being regulated by a special statute presuppose a dependency relationship and do not imply the assignment of the use and enjoyment of the predium, shall be excluded from the law 13.246 even if the retribution consists of the participation of the fruits.
Art. 5°. . If the lessee or apparition chooses the extension referred to in Article 4 of the Law 13.246, the price that the parties agree will be governed by it. . If there is no agreement, either party may apply to the competent judicial authority or to the corresponding Joint House of Leasings and Rural Appearances under the conditions set out in Decree-Law No. 1.638/63.
Art. 6th. . The revision of the lease price referred to in Art. 5th Law 13.246 shall proceed to the request of any of the parties when permanent factors of a general, regional or particular nature of the field in question determine imbalances between the cost of production and the value of the obtained products, which alters in more than 50 per cent (50 per cent) the percentage of net profit existing at the date of recruitment. The new lease price will be proportionate to the alteration suffered by the percentage of net profit.
Art. 7°. . If there is no agreement, they may apply to the competent judicial courts or to the Joint Houses of Leasing and Rural Appearances in accordance with the provisions of Decree 1.638/63.
Art. 8°. . During the judgement of review of the price or percentage of distribution of fruits, the parties shall adjust their payments to the terms of the contract, with the obligation to readjust the price according to the decision made and from the date determined by the contract.
Art. 9°. . For the purposes of the application of Art. 6th of Law 13.246, the provisional waiver of the lease shall be agreed when fortuitous or force majeure causes a crop loss of more than fifty per cent (50 per cent) of the lease taking into account the average returns of the field or, if that were not possible, those of the area, corrected according to the relative quality of the field. The dispensation will be proportional to loss.
Art. 10. . Among the cases of fortuitous or force majeure can be considered as those which, despite the result of the normal course of natural events, acquire such gravity as to justify their inclusion and thus declare it previously the National Executive.
The remission that is agreed, in both agricultural and livestock farms, shall be in proportion to the injury suffered provided that it reaches the percentage referred to in Article 9 of this Regulation. The trace will be for the sole benefit of the tenant.
Art. 11. . If the compensation is operated with extraordinary benefits after the provisional dispensation referred to in this Regulation, the lessor may request the refund of the amount appropriate, with the tenant entitled to do so in as many equal quotas as are necessary to match the total compensation of the locator, with the expiration of the last lease payment resulting from the existing contract.
If the extraordinary benefits prior to or after the event that led the remission were not achieved to fully compensate the dispensation, it would be equally satisfied with those that could have been achieved.
Art. 12. . They will only be understood as prescribed by Art. 6th of Law 13.246, the crops of rational exploitation in the area and whose products are intended for sale.
Art. 13. . The tenant must formally communicate to the tenant within fifteen days of the case of fortuitous or force majeure, his will to accept the benefits provided for in Art. 6th Law 13.246, when the effects of the event are perfectly determinable in terms of its origin and magnitude. Lack of communication in term will import the loss of your right to remission.
Art. 14. . It will not be considered subarrating or cession of the predium in aparceria, covered by the prohibition of Art. 7th Law 13.246, the cession of the pasture of traces. . This does not exclude the obligation of the appearance to pay the giver the percentage equivalent to the corresponding proportion including the use of the trace.
Art. 15. . The notification referred to in articles 7° and 27° of the law shall be performed within six months of the death of the tenant or apparition and may be carried out indistinctly by means of a telegram, through the Judge of Peace or Public Scribe or any other form which, in writing, proves it faithfully.
Failure to comply with this obligation will give the right to the assignor and/or to appear, to request the eviction of the premises.
Oppositions referred to in articles 7 and 27 of the law shall be processed and resolved in a summary form.
Art. 16. . For the purposes of Art. 8° of Law 13.246, is defined as:
(a) Erosion: the process of clearing and transporting the soil particles by action of the wind and/or of the moving water:
(b) Degradation: (Salinization, alkaliization, acification, etc.) the loss of the balance of the physical-chemical properties of the soil that make it suitable for cultivation originated in poor practices or norms of soil management, particularly related to the hydrological regime of the soil, and for which the restoration of the balance makes necessary the use of appropriate remedies.
(c) Exhaustion: the loss of the intrinsic productive capacity of the soil as a result of its exploitation and which can only be recovered by restoring the lost elements.
Art. 17. . When erosion, degradation or depletion has not yet been caused, but there is irrationality in the exploitation capable of originating them, action may be attempted to obtain the rationality of exploitation by either party.
Art. 18. . In the case of the previous article, the conditions under which the continuation of the exploitation will be permitted shall be set. If this entails a substantial alteration from which the tenant or apparition is habitually and rationally responsible, the tenant may summarily request the termination of the contractual relationship or, the transfer and/or proportional reduction of the lease price, not by means of fault or negligence.
Art. 19. las When erosion, degradation or exhaustion occurs, the following actions may be deduced:
(a) To obtain the fixing of the technical conditions in which the continuation of the exploitation will be permitted by either party;
(b) To obtain the termination of the contract, by the locator who invokes guilt or negligence of the lessee or appearance, fortuitous case or force majeure;
(c) In order to obtain the termination of the contract by the tenant or appearance, when not mediating his guilt or negligence he understands that the conditions in which the exploitation may continue imply a substantial alteration in which he or she usually performs.
In the case of subparagraph (b) by means of fault or negligence of the lessee or apparition, the lessee or aparcerer may seek compensation for damages.
Art. 20. . In the trials that are dealt with according to Art. 19 of these Rules according to the procedure in force in each jurisdiction, or as a result of the Decree-Law No. 1,638/63, shall be declared whether or not the effects of erosion, degradation or depletion have been suffered. . In the affirmative case, the causes that originated them will be objectively indicated and the improvements in soil conservation to be made will be determined, with specification of the maximum cost of the soil and the conditions under which the continuation of the exploitation will be allowed.
Art. 21. . In all cases where the contract remains in force, the implementation of soil conservation improvements, their maximum amount and the conditions under which the continuation of the operation will be allowed will be mandatory. . If these improvements and conditions involve a substantial alteration in the exploitation that the tenant or apparition usually performs, it may make use of the rights of termination, review and/or remission of the leasing price not by means of fault or negligence of its part.
Cases of Art. b and c. 19th and in accordance with the procedure in force in each jurisdiction, shall be resolved in a summary form.
Art. 22. . When pursuant to Art. (a) 19° the sentence provides for improvements in soil conservation by the landlord, set the deadlines for the initiation and execution of the land.
If the tenant did not initiate the work or did not execute it within the specified time frames or leave them once initiated, the tenant may apply in accordance with the procedure in force in each jurisdiction:
(a) The author is authorized to do so on behalf of the latter and to retain the price of the leases in the proportion fixed, the respective time limits must be set for initiation and execution by the tenant.
(b) termination of the contract.
Art. 23. . When the tenant or parker authorized to perform the soil conservation improvements on behalf of the tenant, did not start those works or did not execute them within the specified time limits or leave them once they were initiated, the tenant may request termination of the contract. . Equal right will be able to exercise the tenant in the chaos in which the tenant or parker did not adjust its exploitation to the fixed rational plan.
Art. 24. . If the execution of soil conservation improvements or the observation of the rational exploitation plan interrupts, in whole or in part, the use and enjoyment of the land, the landlord or parker that has not been negligent may request the remission of the location price in proportion to the affected area and at the time of the impediment. . If the latter permanently affects a portion of the land, the tenant may apply for a reduction in the price in proportion to that party and until the termination of the tenant relationship.
Art. 25. . Without prejudice to the implementation of the ruling, the tenants or apparitions for which the origin of the termination has been declared for reasons other than their own fault or negligence, shall have preference for the award of lots in the tenders of official colonization entities at any point in the country and whatever the type of exploitation to which they are intended.
Art. 26. La The option referred to in Article 9 of Law 13.246 for leases or agricultural apparel contracts shall be notified to the owner of the lease or to the property before the start of the activities contemplated in the same. Any party, in the contract of agricultural apparition, may apply for the fixing of the appropriate price by the portion of the pred that the appearance is intended for the purposes of Article 9 of the Law.
Art. 27. . The improvements referred to in article 10 of the law 13.246 shall be provided by the tenant within the first two years of the contract.
Art. 28. . In the event that the tenant does not comply with that obligation within the time limit set out in the previous article, the lessee may execute it at the expense of the latter, after formal notification to the tenant made at least 30 days in advance of the date on which he shall initiate them. In the same way, the tenant will proceed when the tenant does not make reparations for the improvements that are in his or her position, except for those that are of urgent nature.
Art. 29. El The tenant will provide the improvements required under Article 10 of Law 13.246 under the following conditions:
(a) You can use any type of materials, usually or adaptable to the area, provided that with them you can build a safe construction.
(b) It shall ensure the supply of safe drinking water, where appropriate and reasonably possible and provide it.
Art. 30. . For the purposes of Art. 11° c) of Law 13.246 will only be considered fruit trees.
Art. 31. La The tax valuation, for which the maximum amount of the improvements referred to in the Articles shall be set. 10th and 11th of Law 13.246, shall be the land free of improvement, at the time of construction or compensation.
Art. 32. La The State Secretariat for Agriculture and Livestock will study and propose to the Executive the improvements required by large areas and types of exploitation, in order to establish the substitution or exemption referred to in article. 14th Law 13.246.
Art. 33. El The limit of the inembarkability of the elements for the exploitation of the land is determined by all those that are indispensable for the exploitation of an economic unit of identical nature to that of the tenant. The Ministry of Agriculture and Livestock shall establish the economic unity of each type of exploitation, by large areas, the payroll of such goods.
Art. 34. El The limit of the inembarkability of the goods necessary for the subsistence of the tenant and his family for a year shall be determined by the amount resulting from the doubling of the minimum wage established in the legal provisions in force at the date of the embargo for an adult pawn, "not specified".
Art. 35. . For the purposes of Article 18°(b) of Law 13.246 shall not be considered as expenses for the fight against pests and weeds, those carried out in ordinary cultural work that is used in the exploitation of the tenant.
Art. 36. . The species of trees to plant and care for the tenant will be chosen by the tenant, within the common ones advised by the Ministry of Agriculture and Livestock for the area, to cover the amount set out in Article 18, paragraph (d) of Law 13.246.
Art. 37. . For the purposes of art. 18° of Law 13.246 entrust the following forest areas and species:
ZONA I
Province of Entre RíosDepartments of: Columbus, Diamante, Gualeguay, Gualeguaychú, Nogoyá, Paraná, Tala, Uruguay, Victoria and Villaguay.
Province of Santa FeDepartments of: Constitution, Garay, Iriondo, La Capital, Rosario, San Gerónimo, San Lorenzo.
ZONA II
Province of Santa FeDepartments of: Belgrano, Caseros, Castellanos, General López, Las Colonias, San Cristóbal, San Justo, San Martín.
Province of CórdobaDepartments of: General San Martín, Marcos Juárez, Rio Primero, Río Segundo, San Justo, Tercero Arriba, union.
ZONA III
Province of CórdobaDepartments of: General Roca, Juárez Celman, President Roque Sáenz Peña, Río Cuarto.
Province of La PampaDepartments of: Chapaleufú, Maracó, Quemú-Quemú, Realicó, Trenel.
Province of Buenos AiresParts of: Carlos Tejedor, General Villegas, Pellegrini, Rivadavia, Trenque Lauquen.
ZONA IV
Province of La PampaDepartments of: Adolfo Alsina, Bahía Blanca, Caseros, Coronel Suárez, General Lamadrid, Guaminí, Puán, Saavedra, Torquinst, Villarino.
ZONA V
Province of Buenos AiresParts of: Alberti, Blue, Bolivar, Bragado, Carlos Casares, General Alvear, General Arenales, General Pinto, General Viamonte, Junín, Las Flores, Leandro N. Alem, Lincoln, July Nueve, Olavarría, Pehuajó, Rauen, Roque Pérez, Saladillo, Tapalqué, Veinticinco de Mayo.
ZONA VI
Province of Buenos AiresSan Antonio, Baradero, Barolomé Mitre, Brandsen, Campana, Cañuelas, Carmen de Areco, Castelli, Colón, Cuatro de Junio, Chacabuco, Chascomús, Chivilcoy, Esteban Echeverría, Exaltación de la Cruz, Florencio Varela, General Belgrano, General Las Heras, General
ZONA VII
Province of Buenos AiresParts of: Ayacucho, Balcarce, Colonel Dorrego, Colonel Rosales, Colonel Pringles, Dolores, General Alvarado, General Lavalle, General Madariaga, General Pueyrredón, González Chaves, Juárez, Laprida, Lobería, Maipú, Mar Chuiquita, Necochea, Tandil, Tordillo, Tres Arroyos, Vecino.
Election of forest speciesThe choice of forest species to which the specimens must be planted by the tenant shall be made by the tenant of which are mentioned below for the area where the property is located:
For Zone I:"Alamo de Italia": Populos nigra var. Italica.
"Arce": Black Acer.
"Ciprés de Monterey": Cupressus macrocarpa.
Eucalyptus saligna.
"American Frank": American Fraxinus.
"Paraiso": Melia Azedarach.
"Sofora": Styphnolobium japonicum.
"Sauce Llorón": Salix babylonica.
"Great branch": Salix sp.
Eucalyptus rostrata.
For Zone II:"Alamo de Italia": Populos nigra var. Italica.
"The Tree of Heaven": Ailanthus altissima.
"Ciprés": Cupressus sempervirens.
"Eucalyptus": Eucalytus rostrata.
"American Frank": American Fraxinus.
Pinus Halepensis.
"Plátano": Platanus acerifolia.
" Giant paradise": Melia Azedarach var. giant.
"Sofora": Styphnolobium japonicum.
For Zone III:"White Acacia": Robina pseudacacia.
"Black Acacia": Gleditsia triacanthus.
"Ciprés": Cuplessus sempervirens.
Eucalyptus viminalis.
"Olmo pumila": Ulmus pumila.
Pinus halepensis.
"Tamarisco": Tamarix sp.
For Area IV:"White Acacia": Robinia pseudacacia.
"Acacia de Constantinople": Albizzia julibrissim.
"Ciprés": Cuplessus sempervirens.
Eucalyptus viminalis.
"Ciprés de Monterey": Cupressus macrocarpa.
"Olmo pumila": Ulmus pumila.
Pinus halepensis.
"Tamarisco": Tamarix sp.
For Zone V:"White Acacia": Robinia pseudacacia.
"Common Alamo": Populus nigra var. italica.
"Arce": Black Acer.
"Casuarina": Casuarina Cunninghamiana.
Eucalyptus rostrata.
Eucalyptus viminalis.
"American Frank": American Fraxinus.
Pinus halepensis.
Salix Babylonica.
For Zone VI:"Alamo de Italia": Populus nigra var. italica.
"Alamo A. M.": Populus canadensis xp. Nigra v. Stella.
"Arce": To be denied.
"Ciprés de Monterey": Cupressus macrocarpa.
"Casuarina": Casuarina Cinninghamiana.
Eucalyptus Rostrata.
Eucalyptus viminalis.
"Pino de Alepo": Pinus Helenensis.
"Pino insignis": Pinus radiata.
"American Frank": American Fraxinus.
"Paraiso": Melia Azedarach
"Great branch": Salix sp.
Salix Babylonica.
For Area VII:"Alamo de Italia": Populus nigra var italica.
"Acacia": Acacia trinervis.
"White Acacia": Robinia pseudoacacia.
Eucalyptus rostrata.
"Eucalyptus": Eucalyptus globulus.
Pinus Halepensis.
"Pino marine": Pinus maritima.
"amarisco": amarix ap.
Art. 38. . Outside the areas indicated in Art. 37°, the obligation of Art. d. 18° of Law 13.246, shall govern when established by the National Forests Administration, following a study conducted at the request of the tenant and based on the existence of technical and economic conditions that ensure the feasibility of the plantation.
Art. 39. . The apparition will let the owner know, at a minimum time of ten (10) days the date on which the perception and distribution of the fruits will begin or what it requires.
Art. 40. El The giver appearance should carry annotations in which it consists:
(a) Number of machines, animals, utilities, goods and goods of all kinds initially provided by each of the contracting parties, specifying their status and estimated or cost value.
The inventory must be updated with the changes that occur, for which the appearance is obliged to provide the corresponding information;
(b) The other contributions it makes;
(c) Detail how the fruits of each harvest and liquidation are distributed.
Art. 41. La The percentage review referred to in art. 30° of Law 13.246, may only be requested when the conditions referred to in Article 6 of these Regulations are met.
Art. 42. . For the purposes of art. 31° of Law 13.246, in cases where the delivery of the percentage in "parva" has been contracted and it is cooked instead with short-tied machine, bags and thread must be supported by the parties, in the proportion agreed for the distribution of the fruits.
Art. 43. . The distribution of fruits will be made according to its average quality. If by force majeure the appearance could not meet the obligation imposed in the contract to deliver the bagged product, it will be entitled to do so in bulk for an equivalent value included in the bag.
Art. 44. . When different forms of payment are to be fixed to the one established in the lease agreement, by application of articles 32° and 42° of Law 13.246, the contract shall, as appropriate, be set within the lease or apparition system.
Art. 45. La The proportion of the predium that will be destined, without charge, for grazing, must be established in the contract according to the uses and customs and the needs of the exploitation, determined in the cereal zone, according to the receptivity of the field, on the average basis of the surface of half to one and a half hectare per head of the mare animal of work.
For the seat of the house and orchard the normal surface will be assigned according to the uses and customs up to a maximum of one hectare.
Art. 46. . It will be considered included in the contract, the grazing which, according to the customs and customs, is granted outside the predium, for the purposes of art. 33rd Law 13.246.
Art. 47. . Accidental contracts that take place in a single instrument that include crops whose vegetative cycle is developed at different times and that are not carried out on the same surface by overlapping partly in the time of the one and the other, will be considered as two separate contracts, being calculated separately by cultivation and thus being able to repeat in a similar way for one more year on the same surface and between the same parts, without being included in the 13.246.
Art. 48. . Contracts that include crops with a different vegetative cycle and that are carried out successively on the same surface will be included and the rules of Law 13.246, if recovered the following year in equal conditions.
Art. 49. . The various crops of identical cycle within the same contract will be considered as a single crop for the purposes of art. 39th Law 13.246 (art. 3rd Decree Law No. 1639/63).
Art. 50. Los Contracts under which the use and enjoyment of a predium for grazing is ceased, in accordance with the provisions of art. 39° (b) of Law 13.246, shall, however, be included in the regime of the same when the tenant imposes, authorizes or consents the tenant, the realization of any kind of cultural works that are usable for agricultural exploitation, even if they are intended to cultivate fodder species.
Art. 51. . Accidental and grazing contracts at short term than art. 39° of Law 13.246 excludes from its precepts, shall be governed by the rules of the Civil Code.
In the event of a new contract between the same parties on the same premises, the time limit added to that of the previous contract totals a term greater than that established in Art. 39° of Law 13.246, the new contract included in the provisions of Law 13.246 shall be considered provided that at least one year has not passed since the expiration of the previous contract.
The qualification of the contract under art. 39° of Act No. 13,246, the competent judicial authority or the Intervening House of Rural Leasings and Appearances, shall transmit a copy of such agreement, with testimony of the ruling, to the Directorate of Rural Leasing and Appearances under the Ministry of Agriculture and Livestock, within fifteen (15) days of consent or execution of the procedure.
Failure to comply with this obligation shall be absorbed in its effect, as provided for in article 40 of Law 13.246.
Art. 52. . If in the contracts covered by art. 39° of Law 13.246 (modified by Article 3 of Decree 1639/63) had not specified the date of maturity, in accordance with local customs and customs, it is considered that the crops that it understands should be lifted, being established as maximum and general terms, on 28 February for the so-called fine harvest and on 31 May for summer crops.
Art. 53. Los The contracts to which the arts refer. 2nd and 31st of Law 13.246 shall be held in writing, within the ninety (90) days of the date of its validity, by the Public Writer, in his registry, or the Magistrate of the locality where the predio is located.
Art. 54. Los Contracts referred to in the previous article should contain the following specifications:
(a) Name of the contracting parties.
(b) Predium location (province or territory, department or party, barracks, district or pedannia).
(c) Nearest station or port and approximate distance.
(d) Predium surface.
(e) Existing improvements, planted or attached to the soil, detail, description and state of conservation and payroll of those belonging to the tenant, as well as those incorporated by the tenant.
(f) State of the predium in terms of pests and weeds, with specification of their class and of the affected surface, in approximate form.
(g) Price of lease, date, place and payment form por in advance and expired period and in the apparitions, proportion in the distribution of the fruits, form, time and place of delivery thereof;
(h) Detail and state of the contributions of each part in the apparitions and proportion of the predium dedicated to housing, grazing and orchard;
(i) In the contracts of agricultural apparitions, price fixed in the event that the tenant made use of the faculty conferred on him in article 9 of Law 13.246;
(j) Date from which the tenant is in possession of the predio;
(k) Royal residence of the tenant and tenant;
(l) Destiny of exploitation;
(m) Contract time.
Contracts derogating from any of the requirements set forth in this article shall not be authenticated by the officials mentioned in the preceding article.
Art. 55. . When the parties do not enter into an agreement regarding the clauses of the instrument to be signed or one of them refuses to do so, checks the existence of the lease or apparition contract, at the request of one of them by provisional pronouncement the competent body shall approve the text of the instrument, which shall be in accordance with the provisions of Law 13.246, and its regulation, the provisions of the parties and the local customs and customs of the procedure.
The parties may comment on the text within the period of fifteen (15) working days, after which the proposed document will be adopted, with modifications if it is deemed appropriate, with a final judgement being issued and the parties being urged to subscribe to it.
Art. 56. . If the landlord does not comply with the location, the lease or parking contract will be ordered in accordance with the text approved in the Real Estate Register, and copies referred to in Article 1. 40° of Law 13.246.
Failure to comply with the State Secretariat for Agriculture and Livestock should be taken into account for the purposes of the implementation of the sanctions provided for in article 2. 57° of Law 13.246.
Art. 57. . In the event of the tenant's refusal to sign the contract, the tenant may, at any stage of the procedure, ask, provided that the existence of the lease or the apparition is verified "first facie", that the pre-registration in the Real Estate Registry referred to in the Art is made available on site. 41st final section of Act No. 13.246.
Art. 58. . Prove the Decrees numbers 7.786/49; 8.593/49; 30.654/49; 21.260/50; 9.857/51 and other provisions opposing this regulation.
Art. 59. El This decree will be endorsed by the Minister Secretary in the Department of Economics and signed by the Secretary of State of Agriculture and Livestock.
Art. 60.. Contact, publish, give to the General Directorate of the Official and Printed Bulletin and return to the State Secretariat of Agriculture and Livestock.
GUIDE. . José A. Martínez de Hoz. . Carlos A. López Saubidet.
