THE CIVIL AND COMMERCIAL CODE OF THE NATION
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Reforms to the Civil and Commercial Code of the Nation
Article 1-Substitute Article 75 of the Civil and Commercial Code of the Nation by the following:
Article 75: Special address. The parties to a contract may choose an address for the exercise of the rights and obligations conferred on them by the contract. They may also constitute an electronic address in which all the notifications, communications and sites which are addressed are effective.
Article 2-Substitute Article 1,196 of the Civil and Commercial Code of the Nation by the following:
Article 1,196: Housing location. If the destination is residential, it cannot be required of the locatary:
(a) the payment of advance rentals for periods of more than one month;
(b) Deposits of securities or equivalent requirements, by a quantity greater than the amount equivalent to the first month of rental. The guarantee deposit will be returned by the delivery of a sum equivalent to the price of the last month of the location, or the proportional portion in case of a deposit less than one month of rent. The refund shall be made effective at the time of the return of the building. In the event of a debt for public services domiciled or expense, corresponding to the contractual period and that at the time of the delivery of the property had not been invoiced, its payment can be agreed taking into effect the values of the the last service or expense paid, or the locator can retain a sum equivalent to those amounts as a guarantee of payment. In the latter case, once the locatary pays the remaining invoices, it must present the constances to the locator, who must immediately return the sums withheld;
(c) the payment of a key or equivalent value; and
(d) the signature of the promissory notes or any other document that is not part of the original contract.
Article 3-Substitute Article 1,198 of the Civil and Commercial Code of the Nation by the following:
Article 1.198: Minimum time limit for the location of immovable property. The contract for the location of immovable property, regardless of its destination, if it has no express and determined time limit, is considered to be concluded for the legal minimum period of three (3) years, except for the cases of Article 1,199.
The locatary may waive this term if it is in the possession of the thing.
Art. 4 °-Substitute Article 1,199 of the Civil and Commercial Code of the Nation by the following:
Article 1.199: Exceptions to the legal minimum time limit. The legal minimum time limit shall not apply to contracts for the location of buildings or parts thereof intended for:
(a) Headquarters of embassy, consulate or international body, and the intended room of its foreign diplomatic or consular staff;
(b) Room with furniture that is leased for purposes of tourism, rest or the like. If the term of the contract or consecutive contracts exceeds three (3) months, it is presumed that it was not done for those purposes;
(c) Keep things up;
d) Exhibition or offer of things or services at a fair site.
Nor does the legal minimum time limit apply to contracts which have as their object the fulfilment of a particular purpose expressed in the contract and which must normally be met within the agreed minimum period.
Article 5-Substitute Article 1,201 of the Civil and Commercial Code of the Nation by the following:
Article 1.201: Keep the item with fitness for the agreed use. The locator must keep the item located in a state of service to the use and enjoyment agreed upon and to carry out the repair that requires the deterioration in its quality or defect, originating from any cause not attributable to the locator.
In the event of a refusal or silence of the locator to a request of the duly notified locator, in order to make an urgent repair, the locator can perform it in itself, with charge to the locator, after at least twenty-four (24) hours, counted from the receipt of the notification.
If the repairs are not urgent, the locator must intimate the locator to carry out the repairs within a period which may not be less than ten (10) days run, counted from the receipt of the intimation, which may be proceed in the manner set out in the preceding paragraph.
In all cases, the notification sent to the address reported by the locator in the contract will be valid, even if the locator refused to receive it or could not be perfected for reasons attributable to it.
Article 6-Substitute Article 1.203 of the Civil and Commercial Code of the Nation by the following:
Article 1.203: Frustration of the use or enjoyment of the thing. If, for reasons not attributable to the party, the party is prevented from using or enjoying the item, or is unable to serve the purpose of the convention, it may request the termination of the contract, or the cessation of the payment of the price for the time it cannot use or enjoy the thing. If it is not directly or indirectly affected by the same thing, its obligations continue as before.
Art. 7 °-Agreguese as article 1.204 bis of the Civil and Commercial Code of the Nation the following:
Article 1.204 bis: Compensation. The expenses and accreances that are in charge of the locator according to the provisions of this section, can be compensated in full right by the locator with the locative canyons, prior to the fehaciente notification to the locator of the detail of the "
Article 8-Substitute Article 1,209 of the Civil and Commercial Code of the Nation by the following:
Article 1,209: Paying charges and contributions for the activity. The locatary is responsible for the payment of the charges and contributions that originate in the destination rather than the location. He is not charged with the payment of the ones that tax the thing or the extraordinary common expenses. It can only be established that they are in charge of the locatary for those expenses that derive from the usual expenses, being understood by those who are bound to the normal and permanent services at the disposition of the locatary, regardless of be considered as ordinary or extraordinary common expenses.
Article 9-Substitute Article 1.221 of the Civil and Commercial Code of the Nation by the following:
Article 1.221: Early resolution. The location contract can be resolved in advance by the licensee:
(a) If the location is a real estate and six (6) months of the contract has elapsed, the location must be notified to the locator at least one (1) month in advance. If you make use of the resolutive option in the first year of validity of the locative relationship, you must pay the locator, in compensation, the sum equivalent to one (1) month and a half of rent when the property is broken and the one (1) month if the option is exercised after that lapse.
In the case of real estate contracts, where the notification to the locator is made at an advance of three (3) months or more, after at least six (6) months of the contract, the payment of compensation shall not be payable by that person. concept.
(b) In the case of Article 1,199, the locator must be paid the equivalent of two (2) months ' rent.
Article 10.-Add to Article 1.221 bis of the Civil and Commercial Code of the Nation the following:
Article 1.22a: Renewal of the contract. In the case of real estate contracts, within the last three (3) months of the relationship, either party may call the other party, notifying it in a feisty manner, for the purpose of agreeing to the renewal of the contract, in a period of not more than 15 (15) days. In the event of silence of the locator or against his refusal to reach an agreement, being duly notified, the locatary can resolve the contract in advance without paying the corresponding compensation.
Article 11.-Substitute Article 1,222 of the Civil and Commercial Code of the Nation by the following:
Article 1,222: Intimation of payment and eviction of dwellings. If the destination is residential, prior to the demand for eviction due to the lack of payment of rent, the locator must be able to make the payment of the amount due to the locatary, granting for this a period that must never be less than ten (10) days from the receipt of the intimation, specifying the place of payment.
The notification sent to the address reported in the contract by the licensee is valid, even if it refused to receive it or could not be perfected for reasons attributable to it.
If the period provided for in the first paragraph of this article has been met, or the location of the location has been verified for any reason, the locatary must return the property of the property located. In the event of the failure of the locator, the locator may initiate the judicial action of eviction, which must be substantiated by the process provided for in each jurisdiction and in case of not providing for a special procedure, the most abbreviated establish their procedural or special laws.
In no case can the locator refuse to receive the keys of the building or condition the property, without prejudice to the reservation for the outstanding obligations of the locator. In the event of a refusal or silence in the face of the requirement by the tenant for the purpose of receiving the key to the building, the property may be entered into the premises, with the costs and costs of the locator being borne by the tenant. In no case shall rent or any kind of ancillary obligation be due from the day of the fehaciente notification made to the locator for the purpose of receiving the keys to the building, provided that the locator carries out the judicial consignment within ten (10) business days following the same, or since the locator was notified of the deposit of the key if the consignment was initiated after the expiry of that period.
Article 12.-Substitute Article 1,351 of the Civil and Commercial Code of the Nation by the following:
Article 1,351: Intervention of one or more brokers. If only one broker intervenes, all parties must commission, except for a pact to the contrary or protest by one of the parties in accordance with Article 1,346. There is no solidarity between the parties with respect to the corridor. If a broker is involved for each party, each party has the right to collect commission from its respective principal.
In the premises of immovable property, intermediation may only be carried out by a professional registered to carry out real estate brokerage in accordance with local law.
Supplementary regulation of locations
Art. 13.-Guarantee. In housing locations, in the case of a guarantee, the locator must propose to the locator at least two (2) of the following guarantees:
(a) Title of immovable property;
(b) Banking Aval;
(c) Security of caution;
(d) a guarantee of a bond or a solidarity guarantor; or
(e) Personal guarantee of the locatary, which is documented with receipt of salary, certificate of income or any other means of payment. In case of being more than one locatary, the income of each of them should be added to the effects of this article.
The locator may not require a guarantee that exceeds the equivalent of five (5) times the monthly value of the location, except in the case of the assumption provided for in point (e), in which this value can be raised to a maximum of ten (10) times. Under such conditions, the locator must accept one of the warranties proposed by the licensee.
In the case of points (b), (c) and (d), the rules should lay down the requirements to be met by persons who grant such guarantees and the characteristics and conditions of such guarantees.
Art. 14.-Adjustments. The contracts of location, whatever their destination, are excepted from the provisions of Articles 7 and 10 of Law 23,928 and their modifications.
In the contracts for the location of buildings for residential use, the rental price should be fixed as a single value and for monthly periods, on which only annual adjustments can be made. In no case can we establish bonuses or other methodologies that would mislead the locatary.
For the purposes set out in the preceding paragraph, adjustments should be made using an index of equal parts by monthly variations of the consumer price index (CPI) and the average taxable income of the consumer. stable workers (RIPTE), which must be prepared and published monthly by the Central Bank of the Argentine Republic (BCRA).
Art. 15.-Consignation. If the locator of a property refuses to charge the locative fee, as provided in article 1.208 of the Civil and Commercial Code of the Nation, the locatary must intimidate him in a feisty manner to receive it within forty-eight (48) hours following their notification. In the event of silence or refusal of the locator, the locatary, within three (3) working days following the expiration of the period stipulated in the notification, must proceed to the judicial consignment of the amount due, or by means of a cancellation check, in accordance with the provisions of Law 25.345 and regulations of the Central Bank of the Republic of Argentina, in accordance with the modalities that the various provincial jurisdictions, the Government of the Autonomous City of Buenos Aires, will set for the effect The Central Bank of the Republic of Argentina, with the costs and costs corresponding to the locator.
Art. 16. The rental contracts must be declared by the locator before the Federal Administration of Public Revenue (AFIP), within the time limit, in the form and with the scope that the agency has. The Federal Administration of Public Revenue (AFIP) must have a system of facilities for the registration of existing contracts. The locator's default makes it liable for the penalties provided for in law 11.683 (t. or. in 1998 and its amendments).
When judicial proceedings are initiated because of the execution of a location contract, prior to the transfer of the demand, the judge must inform the Federal Administration of Public Revenue of the Nation (AFIP) about the existence of the contract, for the purpose of taking the appropriate action.
Without prejudice to the obligation of the locator, either party may inform the existence of the contract to the Federal Administration of Public Revenue of the Nation (AFIP) for the purposes laid down in this article, in the terms that it is (a)
National Social Rental Programme
Art. 17.-Social charter. Create the National Social Rental Program for the adoption of measures to facilitate access to decent housing for rent through formal hiring.
Art. 18.-Governing Body. The Ministry of the Interior, Public Works and Housing, through the Housing Secretariat, is the governing body responsible for the design of public policies to implement the National Social Rental Program created by Article 17 of the present standard.
Art. 19.-Measures implementing the program. The Housing Secretariat, in order to ensure the achievement of the objectives of the National Social Rental Program created by Article 17 of this standard, should:
a) Take special consideration with people who are in a situation of gender-based violence within the framework of the Law on Comprehensive Protection for Women, 26,485 and for older adults, ensuring non-discrimination of the same;
(b) to promote, through the competent bodies, the regulation of the actions of entities granting security guarantees or insurance for rental housing contracts;
(c) to encourage the creation of lines of subsidies or soft loans for the purpose of facilitating access to housing;
(d) Design and implement mechanisms aimed at extending the supply of rentals of buildings for housing;
(e) to promote, in conjunction with the National Administration of Social Security, the adoption of measures to facilitate access to the rent for pensioners, pensioners and holders of unemployment benefits;
(f) Adopt any other measure in its character as a governing body which aims to facilitate access to decent housing for rent for all persons who are in a situation of vulnerability;
(g) Encourage the creation of mechanisms to ensure effective compliance by the locator and the locatary of the obligations under his office;
(h) Support those who have difficulty in complying with the guarantee, deposit and other expenses necessary to obtain a rental housing, provided that the location of the location is the only one of family housing on the terms and with the scope of the regulation;
(i) to promote, through the competent bodies, the creation of compulsory insurance covering the lack of payment of rent and the compensation for damage and undue occupation of the property;
(j) To generate alternatives for the resolution of conflicts between locators and locators, in general to dictate or promote all kinds of measures aimed at favoring and expanding the supply of rentals of buildings destined for housing and facilitating access to such contractual arrangements.
Art. 20.-Facultate to the Housing Secretariat or the body that in the future replaces it to dictate the measures that are relevant to the purposes of the proper implementation of the National Program of Social Rental created by Article 17 of the present standard.
Alternative methods of conflict resolution
Art. 21.-Resolution of conflicts. The national executive branch, through the competent area of the Ministry of Justice and Human Rights, in concert with the provinces and the Autonomous City of Buenos Aires, must carry out the necessary actions to promote the development of mediation and arbitration, free or low-cost, applying specific methods for the resolution of conflicts arising from the locative relationship.
Art. 22.-Amendment of Law 26,589. Replace Article 6 of Law 26.589, which shall be worded as follows:
Article 6: Optional application of the mandatory preliminary ruling procedure. In cases of enforcement, the procedure for the compulsory preliminary ruling is optional for the claimant without the required person being able to question the route.
Art. 23. The provisions of this law shall enter into force on the day following that of their publication in the Official Gazette of the Argentine Republic and shall be applicable for contracts to be concluded from their entry into force.
Art. 24.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE ELEVEN DAYS OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND TWENTY.
REGISTERED UNDER NO 27551
CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul
e. 30/06/2020 N ° 25910/20 v. 30/06/2020