Austral Convertibility Regulates Law - Full Text Of The Rule

Original Language Title: CONVERTIBILIDAD DEL AUSTRAL REGLAMENTAN LEY - Texto completo de la norma

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CONVERTIBILITY OF AUSTRAL Decree 941/91 Regulate the application of Act No. 23,928 in the area of recruitment of the current public sector.

Bs. As., 16/5/91

VISTO the provisions of Act No. 23.928 and


It is necessary to regulate its implementation in the area of recruitment of the current public sector.

That, as appropriate, this regulation shall apply to the various forms of public sector recruitment.

Given the drastic change in the rules applicable to the currency regime and its correlate in the substantial decrease in the financial costs, it corresponds to its disaggregation with respect to the prices converted to nominal australes as at 1 April 1991 by application of art. 9th of Act No. 23,928, subsequently liquidating financial compensation to contractors and suppliers for the payment period.

With respect to the housing works that receive full or partial financing of the NATIONAL HIPOTECARY BANCO or the NATIONAL FUND OF THE VIVIENDA, appropriate treatment can be given to the conditions of its operation, so that the ceiling prices used in its contracts are uniform for each type of work, respecting the discounts that the contractors have made regarding the prices in their offers.

It should also be considered the possibility of continuing in precarious conditions for a short period of time, those contracts that respond to unenforceable needs or relate to the provision of essential services in cases where termination occurs, until the new contract is made.

That, finally, the scope of article 8 of Law No. 23.928 and of art. 8th of Decree No. 529/91, to give up any doubt that might arise concerning respect for the principle of the thing judged. Where the law and the decree cited provides for the manner of proceeding with respect to the application of monetary reform to judicially recognized obligations, it is part of the assumption of non-existence, at the time of the enforcement of the judgment, of the currency of the species contained in the court ruling; since from 1 April 1991 it is impossible to legally apply any indexation to the convertible southern. It should therefore be pointed out that judges, without altering the economic content of their decision-making body in the authority of what is judged, may recognize interests in the interests of the creditor under the conditions laid down in articles 622 and 623 of the Civil Code.

That the present measure is determined in the use of the powers conferred upon it in articles 1 and 2 (1). 86 of the National Constitution.




Article 1 . The National Civil Service, centralized and decentralized, including companies, haciendas and agencies described in article 1 of Act No. 23,696, as well as concessionaries of public works or services, shall apply Law No. 23,928 to all contracts under the Act, under the conditions set out in Decree No. 529/91 and those established in this Decree. Art. 2o Todos All works performed until 31 March 1991 have been or have not been certified to the same date, will be calculated on the basis of the mechanisms originally envisaged until 1 April 1991, and will be converted to nominal australes to a relationship of UNO (1) to UNO (1), regardless of the date of payment. Art. 3o . The goods received provisionally, the services provided, or other obligations fulfilled by contractors until 31 March 1991 shall also be carried out. This is when, according to the other contractual conditions, your payment is appropriate. Art. 4o Todas All benefits to be met after 1 April 1991 shall be in accordance with the conditions provided for by law. Prices in nominal, fixed and invariable australes from that moment on will be those that result from the corresponding conversion through the application of the arts. 7th, 9th and 10th of Law No. 23.928. For practical purposes, the authorities authorized in each agency for the subscription of contracts shall forward to the contractors, prior to 30 June 1991, a list of the prices to be applied as from 1 April 1991. Where there are partial items or lines in the contracts, the contract price will be determined on the basis of the proportion they had as of March 1991 on the total amount of the contract, applied on the amount of the contract converted to nominal australes. Art. 5o . To perform the comparison provided in art. 9th of Law No. 23,928 shall be used as the basis of the total amount of the contract pending execution as at 31 March 1991, with all the items that make up the price, including the corresponding general and financial expenses, at southern prices for the month of May 1990, reexpressed in dollars at the average price it had in the month. In the event of a renegotiation after the month of May 1990 involving prices, the latter shall be considered as the date of origin as corresponding to the aforementioned renegotiation. Where the original value of the contract was subsequent to the month of May 1990, the corresponding month shall be considered for the comparison and conversion provided for in article 9 of Act No. 23.928.

Where the price does not contain the financial compensation for the payment period, such compensation shall be added in accordance with the contractual methodology for the calculation of the base value.

This base value will be expressed in United States dollars as provided for in Article 9 of Law No. 23.928. The latter amount, representative of the missing balance of the work, shall be compared with the value of the outstanding contract of execution as at 31 March 1991 updated to that date in accordance with the methodology provided for in the contract prior to the reform provided for by Law No. 23,928, eliminating the price the incidence of financial compensation for the period of payment that in each case corresponds. Where financial costs are not disaggregated, the mathematical formulas provided by the application authority for such disaggregation will be adopted to that end. The conversion of the price without financial costs of the outstanding performance benefits shall be made by adopting the minor as a result of the comparison made in accordance with the provisions herein.

As of 1 April 1991, the contracts entered into by the agencies or persons referred to in Article 1 shall be recognized as financial compensation for the payment period provided for in the contract on the basis of the series of interest rates to be issued by the BANCO CENTRAL DE LA REPUBLICA ARGENTINA, in accordance with the calculation method provided by the implementing authority.

Art. 6th . When there are different mechanisms or formulas of variations of costs for the various items or parts that make up the contract, they should be used for the comparison established in the article. 9th Law No. 23,928, which corresponds to the portion of the contract pending execution as at 31 March 1991, for the purpose of determining the total amount of the missing. Art. 7o . Similar criteria to those provided for the regulation of works, will be adopted for the supply and service delivery contracts. Art. 8o . The monetary conversion of the works that receive total or partial funding from the NATIONAL HIPOTECARY BANCO or the NATIONAL FUND of the VIVIENDA will be carried out in accordance with the provisions of this article. NATIONAL HIPOTECARY BANCO or SUBSECRETARIA DE VIVIENDA AND ORDENAMIENT AMBIENTAL will convert to nominal australes the top prices that will govern for recruitments from 1 April 1991. The amount of each current contract shall be deducted from the corresponding price, the discount that was agreed upon in due course. To this end, they shall determine a uniform price for each type of housing, following a procedure similar to that established in Article 6 of Decree 529/91. Art. 9th . When the termination of the contracts referred to in this decree occurs, a new contract shall be made in the event that the necessity remains within the THREE (3) months counted from the date of termination. In the case of termination of contracts that respond to the satisfaction of unencumbered needs or relate to essential services or benefits that by their nature cannot be interrupted, the administrative authority will reasonably resolve its continuation in a precarious manner by contractors, until a new contractor initiates its benefits or spends CUATRO (4) months computed from the termination, which occurs first. These resolutions shall be communicated within five days of the adoption of the NATIONAL TRIBUNAL or the General SINDICATURA OF PUBLIC COMPANIES, the internal control body and the competent Minister in whose jurisdiction the agency or person concerned acts. The services, works or supplies that are carried out during the precarious delivery period shall be liquidated at the prices that according to the contracts would have corresponded to the month of March 1991 converted UNO (1) to UNO (1) to nominal australes, deducted the financial costs that are incorporated therein, in accordance with the method set out in the present decree, with more financial compensation for the expected payment period. Art. 10. . Add as second paragraph of Article 8 of Decree 529/91, to the following: "In the opportunity to determine the amount of the sentence in convertible australes, the judge may indicate the interest rate that will govern from 1 April 1991, in order to maintain the economic content of the judgment.

THE CENTRAL BANCO OF THE REPUBLIC ARGENTINA must publish the average passive interest rate on a monthly basis, which the Judges may order to apply for the purposes provided for in article 622 of the Civil Code."

Art. 11. . Invite the Provinces, the MUNICIPALITY OF THE CIUDAD OF BUENOS AIRES, the Municipalities of the rest of the country and the international bodies of which the ARGENTINA REPUBLIC is a party to its contractions in southern Australia, to adhere to the terms of the present. Art. 12. . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.