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The rental law was repealed: What the presidential decree of the Official Gazette says, point by point - La Nacion Propiedades
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Se derogó la ley de alquileres: qué dice el decreto presidencial del Boletín Oficial, punto por punto
El texto del megadecreto de Javier Milei y ya publicado en el Boletín Oficial expone “la letra chica” de la derogación de la ley de alquileres y cómo serán los detalles de los contratos de locación a partir de ahora
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The text of the megadecree by Javier Milei and already published in the Official Gazette exposes “the fine print” of the repeal of the rental law and what the details of the rental contracts will be like from now on.
As of December 21, the rental law is repealed by the DNU of President Javier Milei
Last night at 9 p.m., President Javier Milei announced on national television what he called “the bases for the reconstruction of the Argentine economy.” A Decree of Emergency Need (DNU) of which mentioned 30 points but includes 300 measures that shake the economy and politics of the country.
The repeal of the rental law 27,551 was the first point to which the President referred in his speech , surrounded by his ministers, saying: " so that the real estate market works again without problems and that renting is not an odyssey."
After midnight today, the complete DNU with more than 80 pages was finally published in the Official Gazette and this is the text extracted from it that specifically corresponds to the repeal of the rental law (in the words of Javier Milei in the DNU: “disastrous rental law”). This implies that starting today, December 21, housing rental contracts will return to the terms established under the Civil and Commercial Code as before June 2020 with some modifications that are reported in this DNU.
Individual freedoms in contracts
That civil relations also need to be freed from excessive paternalistic regulations.It is necessary to remember that article 1197 of the Civil Code drafted by Dalmacio VÉLEZ SARSFIELD, which was in force from 1869 to 2015, established that “The conventions made in contracts form for the parties a rule to which they must submit as to the law itself. ”. This deeply liberal precept was undermined over the years by successive regulatory theories that disbelieved in the ability of individuals to determine their own destiny, and that the State was in a better position than people to know what they needed.
That, in accordance with this, the CIVIL AND COMMERCIAL CODE OF THE NATION was unified, including mandatory norms that prevent the parties from deciding on the form, content and execution of contracts, sometimes going so far as to impose disproportionate requirements for the validity of these agreements.
That, in this framework, it is necessary to modify the regulations of the CIVIL AND COMMERCIAL CODE OF THE NATION that obstruct the exercise of individual freedoms in the contractual sphere.
That the inconveniences and hardships that excess regulatory regulation has caused in private agreements, especially in housing rental contracts, is a public and notorious fact, with serious consequences for both landlords and tenants and the virtual destruction of the real estate market.
That accordingly, the repeal of the disastrous Rental Law No. 27,551 becomes essential.
That coherently with this, it is necessary to respect the will of citizens to agree on the forms of cancellation of their obligations to give sums of money, without distinction of the legal tender or not of the currency that is determined, without the debtor or the judge being able to that may eventually intervene to force the creditor to accept payment in a different currency, unless otherwise agreed.
Starting with DNU, contracts can be agreed between the parties in their most important points: term, adjustments and payment currency
Total repeal of the rental law
ARTICLE 249.- Law No. 27,551 is repealed.ARTICLE 250.- Article 765 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 765.- Concept. The obligation is to give money if the debtor owes a certain amount of currency, determined or determinable, at the time of constitution of the obligation, whether or not it is legal tender in the country. The debtor is only released if he delivers the committed amounts in the agreed currency. “The judges cannot modify the form of payment or the currency agreed upon by the parties.”
ARTICLE 251.- Article 766 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 766.- Obligation of the debtor. The debtor must deliver the corresponding amount of the designated species, whether the currency is legal tender in the Republic or not.”
ARTICLE 252.- Article 958 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 958.- Freedom of contract. The parties are free to enter into a contract and determine its content, within the limits imposed by law or public order. Legal norms are always of supplementary application to the will of the parties expressed in the contract, although the law does not expressly determine it for a specific contractual type, unless the norm is expressly imperative, and always with a restrictive interpretation.”
ARTICLE 253.- Article 960 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 960.- Powers of judges. “Judges do not have the power to modify the stipulations of contracts, except at the request of one of the parties when authorized by law.”
President Javier Milei's national network
ARTICLE 254.- Article 989 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 989.- Judicial control of abusive clauses. “The administrative approval of the general clauses does not prevent their judicial control.”
ARTICLE 255.- Article 1196 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1196.- Bond, guarantee and periodicity of payment. The parties can freely determine the amounts and currency delivered as a bond or security deposit, and the way in which they will be returned at the end of the lease. The parties will freely agree on the frequency of payment, which may not be less than monthly.”
ARTICLE 256.- Article 1198 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1198. Period for the location of property. The term of the leases with any destination will be that which the parties have established. In the event that no deadline has been established, (i) in cases of temporary location , it will be up to the one established by the uses and customs of the place where the leased property is located, (ii) in lease contracts for permanent housing. , with or without furniture, will be two (2) years and (iii) for the remaining destinations will be three (3) years.”
ARTICLE 257.- Article 1199 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1199. Payment and updating currency. Rents may be established in legal tender or foreign currency, at the free discretion of the parties. The tenant may not demand that payment be accepted in a currency other than that established in the contract. The parties may agree to adjust the value of the rentals. The use of any index agreed upon by the parties , public or private, expressed in the same currency in which the rents were agreed will be valid. If the chosen index stops being published during the term of the contract, an official index with similar characteristics published by the National Institute of Statistics and Censuses will be used if the price is set in national currency, or one that fulfills the same functions in the country that issue the agreed payment currency. Article 10 of Law No. 23,928 will not apply to the contracts included in this Chapter.”
ARTICLE 258.- Article 1202 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is repealed.
ARTICLE 259.- Articles 1204 and 1204 bis of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments are repealed.
ARTICLE 260.- The following is incorporated as subsection d) of article 1219 to the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments: “d) for any cause established in the contract.”
ARTICLE 261.- Article 1220 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1220.- Resolution attributable to the landlord. The tenant may terminate the contract if the landlord fails to comply with: a) the obligation to keep the thing fit for the agreed use and enjoyment, except when the damage has been caused directly or indirectly by the tenant; b) the guarantee of eviction or that of redhibitory defects.”
ARTICLE 262.- Article 1221 of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is replaced by the following:
“ARTICLE 1221. Advance resolution. The tenant may, at any time, terminate the contract by paying the equivalent of ten percent (10%) of the balance of the future rental fee, calculated from the date of notification of termination until the end date agreed in the contract.
ARTICLE 263.- Article 1221 bis of the Civil and Commercial Code of the Nation approved by Law No. 26,994 and its amendments is repealed.
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