Bs. As., 11/12/95
VISTO Decree No. 2284 of 31 October 1991 ratified by Article 29 of Law No. 24,307, Law No. 23,928, Decree No. 146 of 31 January 1994, Law No. 20,0004, Decree-Law No. 15,348 of 28 May 1946, ratified by Law No. 12,962 and amended by Decree-Law No. 6810 of 12 August 1963 and Decree No. 10,574 of 13
That Article 1 of Decree No. 2284/91, ratified by Article 29 of Law No. 24,307, left without effect, inter alia, the restrictions on the supply of goods and services throughout the national territory, as well as the other limitations that distort market prices avoiding the spontaneous interaction of supply and demand
That such a rule has eliminated restrictions limiting competition in markets or hindering the development of foreign trade, in order to avoid artificial imbalances in prices relating to the whole of goods and services marketed exclusively in the domestic market and goods marketed in the external market, which affected the external competitiveness of the national economy.
Through it, it sought to ensure the basic exercise of the freedom of trade and free access to markets by producers and consumers, thereby strengthening the constitutional rights to trade, work and exercise any legal industry.
As a result, limitations for the long-term financing of the acquisition of capital assets have been without effect, and therefore the character of a Prenda with Registry creditor is not restricted to the international financing agencies in which the ARGENTINA REPUBLIC is a member, but includes both natural and legal persons abroad.
This necessarily implies the elimination of restrictions that hindered the access of different sectors of production and the general public to sources of financing such as the creation of security rights on machines and goods, for the acquisition of capital goods and durable consumption.
That Decree No. 146/94, issued in the terms of Article 10 of Act No. 23,696, emphasizes rules of operation of the financial system under conditions of openness and competence, facilitating the reduction of the costs of intermediation to a level compatible with those existing in the international market, and an equal treatment that allows the access and development of the entities governed by the Act, whether national or foreign.
That therefore, pursuant to Article 29 of Act No. 24,307 ratifying Decree No. 2284/91 and under Article 1 of the latter, subparagraphs (a), (b), (c), (d) and the requirements and limitations required by Article 5 (e) of Decree-Law No. 15,348/46, ratified by Law No. 12,962 and amended by Decree No.
As a result, the penalty established by Article 45 (i) has been virtually lost in respect of non-compliance with Article 5 (e).
That Law No. 23.928, which established the convertibility of weight, also amended Article 617 of the Civil Code, providing that in the obligations in which it is stipulated to give currency that is not legal in the Republic, the obligation must be considered to give sums of money.
Moreover, under Article 11 of Law No. 23,928 the second paragraph of Article 1 and the last paragraph of Article 43 of Decree-Law No. 15,348/46 ratified by Law No. 12,962 and amended by Decree-Law No. 6810/63.
In view of the fact that Decree-Law No. 15,348/46 ratified by Law No. 12,962 and amended by Decree-Law No. 6810/63 authorizes the creation of a garment on goods, thus understanding the immaterial rights and the things that are susceptible of value, and that Article 11 of the above-mentioned rule considers that the garment of a trade fund is composed of other honourable distinctions and all commercial property,
That according to the rules mentioned in the above, the provisions and goods in general, belonging to commercial, industrial or financial establishments are covered by the concept of goods referred to in Article 14 of Decree-Law No. 15.348/46 ratified by Law No. 12.962 and amended by Decree-Law No. 6810/63.
That, therefore, it is necessary to clarify that in the case of entities for financial purposes and other service providers, the money, credits and titles representing them are equivalent to goods and raw materials in general belonging to commercial and industrial establishments.
That, in turn, has lost virtuality the maximum period authorized for the formation of floating garment provided for in the aforementioned norm.
Article 1 of Act No. 20.004 empowers the NATIONAL EXECUTIVE POWER to order the laws without introducing any modifications in its texts, except those which are grammatically indispensable for the new ordination.
It is therefore appropriate to order the garment regime established by Decree-Law No. 15,348/46, ratified by Act No. 12,962 and amended by Decree-Law No. 6810/63.
That the present is dictated in the use of the powers conferred by Article 1 of Law No. 20.004 and those arising from Article 99 (1) of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 - Approve the ordained text of Decree-Law on garment with Registry No. 15,348/46, ratified by Law No. 12,962 and amended by Decree-Law No. 6810/63, which as Annex I is an integral part of this Decree. Art. 2° - Introduce yourself to the DIRECTION OF TECHNOLOGY CALITY AND INDUSTRIAL PROPERTY, so that it will register the contracts in which they constitute garments on brands, patents and teachings, drawings and industrial models, honorary distinctions and all the rights of commercial, industrial and artistic property. Art. 3o - Amendment to Article 14 of Decree No. 10.574 of 13 September 1946, adding as a second paragraph the following:
"The preceding paragraph shall be applicable when it comes to establishments with financial object that constitute floating garment on the credits that make up its activity. For these purposes, the supporting documentation referred to in Article 2319 in fine of the Civil Code will be affected."Art. 4o - The rules of this Decree shall apply to ongoing pre-trial contracts. Art. 5o - Communicate, publish, give to the National Directorate of the Official Register and archvese. - MENEM. - Carlos V. Corach. - Domingo F. Cavallo. - Rodolfo C. Barra.
ARTICLE 1 . The garments with registration can be constituted to ensure payment of a sum of money or the fulfillment of any kind of obligations, to which the hirers attribute, for the purposes of the garment guarantee, a value consisting of a sum of money.
ARTICLE 2 . The assets on which the garment is seized shall be held by the debtor or the third party that has secured them in the security of a foreign debt.
ARTICLE 3o . The assets affected to the garment guarantee the creditor, with special privilege on them, the amount of the insured obligation, interests and expenses in the terms of the contract and the provisions of the present.
The privilege of the garment extends, except convention to the contrary, to all the fruits, products, rents and amounts of the compensation granted or due in case of sinister, loss or deterioration of the goods.
ARTICLE 4o . The contract produces effects between the parties since its celebration and with respect to third parties, since its registration in the form established in the present.
ARTICLE 5o . The garment with registration may be in favor of any natural or legal person, whether or not he has a domicile in the country.
ARTICLE 6 . The garment contracts established by the present will be formalized in a private document, extending on the respective forms that will be provided free of charge by the Offices of the Register of Clothing, the text of which will be set out in the regulations issued by the NATIONAL EXECUTIVE PODER.
ARTICLE 7o . During the validity of a pre-emptive contract, the owner of the property cannot, under the penalty of nullity, constitute another item on the property except for those authorized in writing by the creditor.
ARTICLE 8o . The owner of the goods covered can industrialize them or continue with them the process of their economic use; the new products are subject to the same garment.
The garment contract may stipulate that the goods will be kept in the state in which they are, without industrializing or transforming them.
ARTICLE 9o . The owner of the goods covered cannot dispose of them, being able to do so only in the case that the acquirer takes over the secured debt, continuing in force the garment under the same conditions in which it was constituted, even as regards the liability of the alien. The transfer shall be recorded in the Register and the creditor shall be notified by collusional telegram.
ARTICLE 10. todos All movable or semovant goods and fruits or products can be prescribed even if they are pending or standing. Real estates for their destination, incorporated into a mortgaged estate, can only be prescribed by the agreement of the mortgage creditor.
ARTICLE 11. las The following specifications are essential in the contract to be included in the respective registration:
(a) Name, surname, nationality, age, marital status, domicile and profession of the creditor;
(b) Name, surname, nationality, age, marital status, domicile and profession of the debtor;
(c) Amount of credit and interest rate, time, place and way of paying them;
(d) Particularities aimed at individualizing the goods. If the garment falls on cattle, they will be individualized by indications of their class, number, age, sex, degree of mestization, brand, sign, certificate or guide with reference to the registration number, date of the registration, office in which the mark or sign is registered and the one that has issued the guide or certificate. If it is other goods, the individualization will be as specific as possible in terms of quantity, quality, weight, number, analysis, brand, patent, controls to which they are subject and any other particularities that contribute to the individualization of the goods. It is considered that the garment of a trade fund does not include the goods of the business; it includes the installations, contracts of location, brands, patents and teachings, drawings and industrial models, honorary distinctions and all the rights of commercial, industrial and artistic property.
In the event that the specifications in this subparagraph (d) already appear in an earlier inscription, they should not be reproduced, but should be mentioned indicating where it is located;
(e) Specification of the privileges to which the goods are subject at the time of the garment contract;
(f) Specification of insurance if the goods are insured.
ARTICLE 12. . To give effect, the registration of the contract must be made in the records corresponding to the location of the goods. If the property is located in different jurisdictions or districts, the Register where registration is performed will notify the property within the VEINTICUATRO (24) hours to the searches of the place where the other goods are located, for the purposes of their annotation. The failure of the registrar to register the garment, to make it known to the other persons in charge or to make the notice in their respective records shall not affect the validity of the garment and its effects, without prejudice to the provisions of article 45, subparagraph (b).
ARTICLE 13. . The owner of the goods is not able to remove them from the place where they were when he constituted the guarantee, without the owner of the respective Register to record the displacement in the Book of Registration and certificate of clothing, and notify the creditor, the endosante and the office that has issued certificates or guides in his case. This clause will be inserted into the contract and its violation empowers the creditor to manage the kidnapping of the assets and other conservative measures of their rights.
Automotives are covered by this prohibition only when it comes to their definitive displacement.
Fruits and agricultural products can be sold at the right time before they are delivered to the buyer, the broker must pay a portion of the debt that is proportional to the reduction of the warranty determined by the sale. These operations shall be recorded outside the registration and certificate of clothing, irrespective of the receipt granted by the default creditor for partial payment.
The owner of the goods can use them according to his destiny and is obliged to ensure his conservation.
The creditor is empowered to inspect them; the contract may agree that the owner will report it periodically on their status.
The misuse of things or the refusal of the creditor ' s inspections will give the creditor the right to request the abduction of them.
The goods may be deposited, where the creditor and the debtor agree; the deposit shall be recorded in the contract and in the registration.
ARTICLE 14. . On goods and raw materials in general, belonging to a commercial or industrial establishment, can be a floating garment, to ensure payment of obligations. This type of garment affects the things originally prepared and those that result from their transformation, as much as those that are acquired to replace them; and does not restrict the availability of all them, for the purposes of the guarantee.
ARTICLE 15. las The following specifications are essential in the contract to be included in the respective registration:
(a) Name, surname, nationality, age, marital status, domicile and profession of the creditor;
(b) Name, surname, nationality, age, marital status, domicile and profession of the debtor;
(c) Amount of credit and interest rate, time, place and way of paying;
(d) Particularities aimed at identifying the goods covered, specifying whether or not they are expendable, determining in the first case their species, quality, graduation and variety;
(e) Specification of the privileges to which the goods are subject at the time of the garment contract;
(f) Specification of the insurance available.
ARTICLE 16. To give effect, the registration of the contract must be made in the records corresponding to the debtor ' s home.
ARTICLE 17. . The registration of the pre-primary contracts shall be made in the Register of Clothing which shall operate in the national, provincial or municipal offices determined by the NATIONAL EXECUTIVE PODER and in accordance with the regulations established by it. The procedures before the garment register are subject to the tariff set by the NATIONAL EXECUTIVE PORE.
ARTICLE 18. El The Clothing Registry will issue certificates and provide information on legal requirements, banking establishments, public scribes with registration and who checks out an interest to the person responsible for it.
ARTICLE 19. . To give effect to third parties from the time of the contract, the registration must be requested within the VEINTICUATRO (24) hours. After that term, it will produce that effect since the contract is submitted to the Register.
The certificate that on certain goods does not appear in any pre-emptive contract shall be legally effective until VEINTICUATRO (24) hours of issuance; the specifications set out in articles 11, subparagraph (d) and 15 (d) shall be mentioned when requested.
ARTICLE 20. . Within the VEINTICUATRO (24) hours of submission of the contract, the Registrar shall make the registration and communicate it in another term equal and by certified letter, to the privileged creditors referred to in articles 11 (e) and 15 (c) and to the public offices specified in article 13 and to the other registries where the annotation should be made.
ARTICLE 21. . Public or private offices that issue certificates of transfer or guides for the transfer of livestock or fruits, or patents, or which in any way fail to control the encumbered assets with clothing, may not issue or process documents of transfer of ownership or of their records without inserting the record that they are prepared in the documents.
ARTICLE 22. . Once the registration is made, the Registrar shall record it in the original contract in the certificate of goods issued, with the formalities prescribed by the regulatory decree.
ARTICLE 23. . The privilege of the borrower is preserved until the extinction of the main obligation, but not beyond CINCO (5) years since the garment has been registered, at the end of which the maximum period of the garment expires. You may, however, re-register for the same term or unvoked contract, at the request of your legitimate holder addressed to the Registrar before the registration expires. If judicial execution is promoted during this period, the actor has the right of the judge to re-registration by the said term, as often as necessary.
ARTICLE 24. El The registered contract is transmitable by endorsement and the endorsement must also be subscribed to the Register to produce effects against third parties. The regime on slopes of the Trade Code will govern the form and effects of the slurry that this article is dealing with; but the lack of protest will not reduce the responsibility of the endosants provided that, at the end of TREINTA (30) days, counted from the expiration of the predatory obligation, the holder initiates his action by notifying the endosants.
ARTICLE 25. La Registration will be cancelled in the following cases:
(a) When so provided by a court decision;
(b) When the creditor or the owner of the item is requested by attaching certificate of garment endorsed by its legitimate holder; the certificate shall be stored in the registry with the note that the registration has been cancelled;
(c) The owner of the item is entitled to request the registration of the cancellation of the registered guarantee by attaching the proof of depositing the amount of the debt in the official bank closest to the place where the thing is located, to the order of the creditor. The Registrar shall notify the creditor by means of a certified letter addressed to the address constituted in the contract. If the notified manifests conformity or does not make observations in the term of TEN (10) days from the notification, the person responsible shall make the cancellation. In the event of an objection to the deposit, the person in charge shall notify the debtor and the bank to place the amount deposited at the disposal of the depositor who may promote a judgement by appropriation.
ARTICLE 26. El The garment certificate gives executive action to collect credit, interest, expenses and costs. The executive action and the sale of the goods shall be handled by a very large, verbal and actuated procedure. No prior protest or recognition of the signature of the certificate or of the annexed conventions is required.
ARTICLE 27. . They are bound in solidarity with the payment, the default debtor and the certificate endosers.
ARTICLE 28. La The treasury action is the responsibility of the trade judge of the agreed place to pay the credit, or of the place where the contract was or the property was located, or of the place of the debtor ' s domicile, on the option of the executor.
ARTICLE 29. . Submitted the application with the certificate, the order of embargo and execution shall be dispatched as in the executive judgment; the embargo shall be notified to the registrar and to the offices that obtain patents or exercise control over the goods. Intimation of payment is not essential diligence. In the same decree in which the above measures are issued, the debtor shall be summoned to auction, notifying that if he does not object to legitimate exception in the term of THREE (3) peremptory days, the execution shall be carried forward and the sale of the garment shall be ordered.
ARTICLE 30. Las The only eligible exceptions are the following:
(1) Incompetence of jurisdiction;
(2) Lack of personry in the plaintiff, the defendant or his representative;
(3) Renunciation of the creditor ' s claim or privilege;
(5) Deadline for registration;
(6) Nulity of the garment contract.
The exceptions to subparagraphs (1), (5) and (6) shall be the result of the contract itself; that of paragraph (2) of the records of the proceedings; those of subparagraphs (3) and (4) of documents emanating from the creditor and submitted with the written paragraph or with exceptions.
Exceptions that are not based on the above cases shall be dismissed immediately, without prejudice to the ordinary action that the defendant may exercise. The judge shall decide on the exceptions within the term of THREE (3) days, taking place and rejecting the execution or dismissing them and ordering to carry forward the execution, ordering the sale of the goods in the manner established in article 29. This resolution will be appealable within the term DOS (2) days in relation to and to the only return effect.
ARTICLE 31. La The auction of the goods will be announced with EZ (10) days in advance by edict that will be published three times. Where the contract has not been agreed that the creditor has the power to propose the person who will perform the auction, the judge shall designate for this a rematter. The designation will prefer those who are domiciled at the place where the auction will be held or in the vicinity. The basis of the sale will be the amount of the secured credit with the garment.
ARTICLE 32. el The trial for bankruptcy, death or incapacity of the debtor shall not be suspended, nor for any other reason that is not the written order of the competent judge issued on the basis of the appropriation in payment of the debt, its interests and costs, except as provided for in Article 38.
ARTICLE 33. . In case of death, incapacity, absence or contest of the debtor, the action shall be initiated or continued before the jurisdiction established in Article 28, with the respective legal representatives. If these are not brought to trial after OCHO (8) days of personal summons or edicts, if their existence or domicile is not known, the procedure will continue with the intervention of the Ausentes defender.
ARTICLE 34. . The initiation of a garment execution trial involves the opening of a special competition with the goods it comprises.
ARTICLE 35. . In no case will the judges order the auction of movable goods, without prior request from the debtor, so that in perennial term it manifests whether the goods seized are affected to the garment established by the present. In the event of silence, the sanctions of article 45, subparagraph (g) and in the false statement shall be applied in article 44. In the case of goods subject to the payment of a special patent, subject to the control of a public office, or of trade funds, it will be necessary before the judicial or private alienation, the previous report of the corresponding garment registry. In these cases, the person who acquires good faith assets accredited in certificates that declare him free of pre-primary levy is exempt from any emerging liability of the garment.
ARTICLE 36. toda In null or void any convention established in the pre-emptive contract that allows the creditor to appropriate the item held outside the judicial auction or which imports the debtor ' s waiver of execution proceedings in case of non-payment, except as provided for in article 39.
ARTICLE 37. . In the same garment execution, the procedures will be made to collect the balance of the obligation not satisfied with the price of the item.
ARTICLE 38. . No thirds of dominion or of better law shall be admitted in the process of the execution of the goods, except that of the owner of the goods laid at the time of its constitution, that of the buyer in good faith of article 41 and of the privileged creditor of article 42 who shall grant a reason for the suspension of the trial or the surrender of funds.
ARTICLE 39. . When the creditor is the State, its auto-partitions, a bank, a financial entity authorized by the BANCO CENTRAL OF THE ARGENTINA REPUBLIC or an international banking or financial institution, without such institutions having to obtain prior authorization or establish a domicile in the country, in the light of the submission of the pre-trial certificate, the judge shall order the kidnapping of the assets and their surrender to the creditor, without the debtor being able to the creditor. The creditor shall proceed to the sale of the goods, as provided for in article 585 of the Trade Code, without prejudice to the ability of the debtor to exercise, in ordinary judgment, the rights to be claimed by the creditor. The proceeding of the extrajudicial sale provided for in this article shall not be suspended by an embargo of property or by contest, incapacity or death of the debtor.(Note Infoleg: By art. 16 of the Act No. 25.563 B.O. 15/2/2002 establishes the following: "Subscribe for the period of one hundred and eighty (180) days counted from the validity of the Reference Law, the totality of judicial or extrajudicial executions, including foreclosures and foreclosures of any origin, including those provided for in Article 39 of Decree-Law 15,348. Except for this provision the provisions of a food nature and the derivatives of liability for the commission of criminal offences, the labour receivables, those that do not relapse on the debtor ' s housing or on other assets affected by the debtor to the production, trade or provision of services, the derivatives of civil liability and against the insurance companies, the obligations arising after the entry into force of the reference law and the cases in which the judgment of bankruptcy has begun. Replace for the period of one hundred and eighty (180) days the precautionary measures impeded and for the same period the new precautionary measures on those goods that are indispensable for the continuity of the activities related to the habitual turn of the debtor.")
ARTICLE 40. . The benefit of the inembarkability established in the existing or future national or provincial laws shall be deemed to be subsisting, even if it is a matter of unpaid embargoes in the enforcement trials ruled by the present, except when the pledge guarantees the creditor the payment of the sale price of the things affected to the present garment.
ARTICLE 41. de In the case of sale of a free item, even if it were onerous, the pre-emptive creditor shall have the right to exercise persecutory action against the current possessor, without prejudice to the criminal proceedings against the alien, which prescribes article 44.
ARTICLE 42. La The garment does not prejudice the privilege of the creditor for rents of urban land, for the term of DOS (2) months; nor that of rural land for UN (1) year of lease.
It is the same as rents to be paid in advance or after winning the respective lease periods.
To this end, the same situation as the locator has who has yielded the use and enjoyment of a rural property in exchange for a benefit in kind.
The privilege that is recognized in this article requires that the location contract or the one that matches it has been entered before the garment in the garment registry, or that the credits are contained in the garment contract. The omission of the debtor to place such a record shall make him liable for the criminal penalties set out in article 45, subparagraph (a).
ARTICLE 43. s In the case of sale of the goods concerned, whether by mutual agreement or judicial execution, their product will be liquidated in the order and with the following preferences:
(1) Payment of the costs of justice and maintenance of goods, including salaries and salaries, in accordance with the Civil Code. Include in conservation expenses the location price necessary for the production and maintenance of the predated object during the duration of the garment;
(2) Payment of taxpayers that graven the goods given in clothing;
(3) Payment of the lease of the land, if the debtor is not the owner of the land, in the terms of article 42. If the lease had been specified in kind, the locator shall have the right to be delivered in that way;
(4) Payment of capital and interest due from the secured loan;
(5) Payment of wages, salaries and collection, trillion and degradation costs due prior to the contract, provided that the Civil Code recognizes privileges.
The provisions of subparagraph (1) enjoy equal privilege and shall be assessed in the event of insufficient proceeds of sale.
Any stipulation incorporated into the contract shall be null and void with the purpose of establishing that the item may be liquidated in a manner other than that set forth in this decree, without prejudice to the fact that, after the expiry of the obligation, the parties agree on the form of liquidation that best suits them, except as provided for in article 39.
ARTICLE 44. . The penalties set forth in articles 172 and 173 of the Criminal Code shall be imposed, the debtor who has the deeds as if he does not recognize the levies, or who constitutes a garment on other property as his own, or on them as free while encumbered.
ARTICLE 45. : He will be repressed with QUINCE prison (15) days to UN (1) year:
(a) The debtor who complains of the existence of privilege under articles 11, subparagraph (e) and 15, subparagraph (e);
(b) Those responsible for the office, set out in article 19, omitting compliance with the provisions therein;
(c) The debtor who undertakes the transfer of the goods delivered without informing the Registrar, in accordance with article 9; except those covered by article 14;
(d) The debtor who will abandon the things affected to the garment with damage from the creditor. This sanction is without prejudice to the responsibilities of the depositary in such cases in accordance with common laws;
(e) The debtor who omits to record in its balance sheets or in its manifestations of assets the existence of pre-trial receivables;
(f) The one who, by selecting the owner or buyer of good faith, promoted without right a third of dominion and obtained the paralyzation of the pre-trial, albeit under caption;
(g) The debtor who fails to report the existence of the pre-emptive levy on the assets that are disposed of by the court in the proceedings initiated by a third party outside the pre-trial creditor;
(h) The debtor who deteriorates the things affected to the garment. It is presumed that things are good and are in good condition if not the opposite of the garment certificate;
(i) The lender that simulates a non-existent operation, under the guise of a record-keeping contract.
ARTICLE 46. . The registrar who issues false certificates shall be liable to the penalty established by article 292 of the Criminal Code.
ARTICLE 47. El The State responds for the emerging damages of irregularities or errors committed by its officials regarding registrations and certificates or reports issued by the garment registry.
ARTICLE 48. Las The civil provisions in substance and form of the present are incorporated into the respective legislation and the Trade Code shall be applied as appropriate. Criminal provisions are incorporated into the Criminal Code.
ARTICLE 49. Los Contracts entered into under Act No. 9644 shall be governed by their provisions unless the contracting parties agree to be subject to this legal regime.
ARTICLE 50. . Any legal prescription against the present is repealed.