Federal Civil Code of the United States of Mexico - First Book - The Twelfth Sixth Title By Title TITLE SIX Kinship, Food and Family Violence CHAPTER I Kinship

TITLE SIX

Kinship, Food and Family Violence

CHAPTER I

Kinship

Article 292 .- The law only recognizes the relationship of consanguinity, affinity and civil.

Article 293 .- The relationship of inbreeding is that between people who are descended from a single progenitor.

In the case of full adoption, be equal to the blood relationship that exists between the
adopted, the adoptive relatives and descendants of this one, as if the child was adopted by blood.

Article  294 .- The relationship by marriage is that marriage is contracted,  between male and relatives of the woman, and between women and male relatives.

Article 295 .- The civil relationship is born of simple adoption, and only between adopter and adopted.

Article 296 .- Each generation forms a degree, and the series of degrees is what is called lineage.

Article  297 .- The line is straight or cross, the line consists of the series of degrees between persons descended one from another, the transverse  consists of a series of degrees between persons without descending from each others come from a parent or common stock.

Article  298 .- The straight line is ascending or descending ascending is the links a person with a parent or trunk of origin; down is that which binds the parent with which it came. The Similarly, then, upward or downward from the point of departure and the relationship to be served.

Article  299 .- In the straight line the degrees are counted by the number of generations or the people, excluding the parent.

Article  300 .- In the transverse line the degrees are counted by the number of generations, up one line and down the other;  or the number of people there on either of the extremes are considered, excluding the parent or main trunk.

CHAPTER II

Food

Article 301 .- The obligation to give support is reciprocal. Which in turn gives you the right to ask for them.

Article  302 .- The parties should be given food, the law will determine when still obtains this obligation in divorce cases and others point to the same law. Domestic partners are required, similarly to given food if they meet the requirements set forth by the Article 1635.

Article  303 .- Parents are required to provide nourishment for their children. A missing or  for failure of parents, the obligation falls on other ascendants in both lines which they would be nearest in degree.

Article  304 .- Children are obliged to give parents food. A missing or  for failure of children, are the closest descendants  degree.

Article  305 .- In the absence or inability of parents or children, the obligation falls on the siblings of father and mother in the absence of these, in which just outside Madrid, and in default of them, that may be the only father.

Absent  relatives referred to the above provisions are food minister obligation collateral relatives within the fourth grade.

Article  306 .- Brothers and other collateral relatives referred to the previous article, are obliged to provide food to children, while they reach the age of eighteen. They must also feed their relatives to the extent mentioned, as are incapable.

Article  307 .- The adopter and the adoptee are required to be food, where they have it the father and children.

Article  308 .- The food include food, clothing, room and assistance in cases of illness. For children the foods include, in addition, the cost of education primary food, and to provide some trade, art or profession honest and appropriate to their gender and personal circumstances.

Article  309 .- The obligation to provide food meets its obligation to allocate a competent board food or incorporating the creditor, the family. If the creditor objects to be incorporated, the responsibility of the judge, according to circumstances, how to minister to fix food.

Article  310 .- The debtor may request that food not join your the family should receive food, in the case of a spouse  divorced from the other food you receive, and when inconvenient legal to make such incorporation.

Article  311 .- The food must be proportionate to the possibilities of that should give you and the needs of who should receive them. Determined by agreement or statement, the food will have a automatic increase at least equal to the percentage increase current daily minimum wage in Mexico, unless the food debtor shows that income did not increase in equal proportion. In this case, the increase in food comply with the actually been obtained by the debtor. These precautions should always be expressed in the sentence or corresponding agreement.

Article  312 .- If there are several that should give food and all have an  possibility to do so, the judge will divide the amount between them, proportion to their assets.

Article  313 .- If anyone has a chance only, among them divide the  amount of food, and if you just any, he will fulfill only obligation.

Article  314 .- The obligation to provide maintenance does not include the providing of capital to the children to practice the profession, art or profession to which has engaged.

Article 315 .- It has action to seek the assurance of food:

I. The creditor food;

II. The ascendancy to keep it under their custody;

III. Guardian;

IV. The brothers, and other collateral relatives within the fourth degree;

V. The Public Ministry.

Article  316 .- If the persons referred to in the fractions II, III and IV  previous article can not represent you at trial is requested assurance of food, be appointed a guardian by Judge interim.

Article 317 .-

The  assurance may consist of mortgage, pledge, deposit, deposit sufficient quantity to cover the food or any other form of guarantee sufficient in the opinion of the judge.

Article  318 .- The interim guardian shall guarantee the annual amount of food. If administers a fund for that purpose, he given the statutory warranty.

Article  319 .- In cases in which those who exercise parental authority enjoy half the enjoyment of the property of the child, the amount of food will be deducted from that half, and if it does not cover, excess shall be borne by those who exercise parental authority.

Article 320 .- Stops obligation to give support:

I. When that has no means to fulfill it;

II. When food no longer needs food;

III. In case of injury, loss or serious damage inflicted by the food to be provided against;

IV.  When the need for food depends on the vicious conduct or the lack of application to work the food, as long as there  these causes;

V. If the food without consent to be given food, he leaves the house for no fault.

Article 321 .- The right to receive food is not waived, nor can be traded.

Article  322 .- When the debtor is not present or food estándolo refuses to deliver the necessary food for the members family entitled to receive them, be liable for the debts they contract to meet that requirement, but only to the extent strictly necessary for that purpose, provided that the case of luxury expenditure.

Article  323 .- A spouse who is separated from the other, is obliged to meet the expenses referred to in Article 164. As such, which has not led to that fact, apply to the court of family residence, which forces the other to which the minister expenses for the duration of the separation in the same proportion that he had been doing up until this, as well as meet  the debts incurred in the previous article. If this ratio could not be determined, the judge, the circumstances the case, fix the amount and issue the corresponding monthly measures necessary to ensure delivery and which has left cover since he left.

CHAPTER III

Family Violence

Article  323 bis .- The members of the family are entitled to other members will respect their physical and mental integrity, to contribute to their healthy development for their full integration and participation in the social nucleus. To that end, will be assisted and  protection of public institutions in accordance with the laws.

Article 323 ter .- The members of the family are expected to avoid behaviors that generate violence.

By  family violence considers the use of physical force or moral well-  as serious failures, which repeatedly exercised a member of  the family against another member of the same, that hinders their physical, mental or both whether they can cause injury or not, as long as the attacker and the attacked live in the same home and a family relationship exists, marriage or cohabitation.

TITLE SEVEN

Of paternity and filiation

CHAPTER I

Sons of Marriage

Article 324 .- The children of the spouses assume:

I. Children born after one hundred eighty days of the marriage;

II.  Children born within three hundred days of dissolution of marriage, whether from this annulment of the contract of husband's death or divorce. This term will in cases of  divorce or annulment, since in fact the couple were separated by court order.

Article  325 .- Against this assumption is not supported by other evidence of having been physically impossible for the husband to have sexual intercourse with his wife, in the first hundred and twenty days of the three hundred which preceded birth.

Article  326 .- The husband can not ignore the children, alleging adultery the mother, although this state that are not children of your spouse, unless the birth he has been hiding, or showing that during the ten months that preceded the birth did not have sexual intercourse with her wife.

Article  327 .- The husband may disown a child born after three hundred days since, legally and in fact took place provisional separation required for divorce and annulment; but the woman, child or guardian of that, they can hold in such cases the husband is the father.

Article  328 .- The husband can not ignore the fact that the father of the child born  one hundred eighty days after the marriage:

I.  If it is proved that he knew before he married his future pregnancy consort, this requires a prima facie case in writing;

II.  If you attended the lifting of the birth certificate and it was signed  by him, or contains its declaration of not knowing sign;

III. If yours has expressly recognized by the son of his wife;

IV. If the child was not born able to live.

Article  329 .- The issues of paternity of the child born after three hundred days of the dissolution of marriage can be promoted at any time by the person to whom harm affiliation.

Article  330 .- In all cases where the husband is entitled to contradict that is a child born of her marriage, shall deduct their action within sixty days from birth, if present, from the day he arrived, if absent, or from the day discovered the fraud if the birth was concealed.

Article  331 .- If the husband is under guardianship for any reason of the outlined in Section II of Article 450, this right may be executed by his tutor. If he does not exercise it, so can the husband after he left the care, but always within before designated shall be reckoned from the day he is declared legally  impediment has ceased.

Article  332 .- When the husband, with or guardian has died without regaining reason, the heirs may contradict paternity in cases I could do the father.

Article  333 .- The heirs of the husband, except in the case of Article above, may not contradict the paternity of a child born one hundred eighty days after the marriage, when the husband has not started this lawsuit. Otherwise, if the husband has died without making a claim within the term skills, heirs shall, for submitting the application, sixty days from that in which the child has been placed in possession of the property the father, or from the heirs look troubled by the child in possession of the inheritance.

Article  334 .- If the widow, divorced or whose marriage was declared invalid, remarriage within the period allowed by Article 158, the affiliation of the child born after held the new marriage shall be established according to the rules following:

I.  It is presumed that the first child is born within marriage if the three hundred days after the dissolution of first marriage and hundred and eighty days before the conclusion of the second;

II.  It is presumed that the child is the second husband cent if born after eighty days after the conclusion of the second marriage, although the birth takes place within three hundred days after the dissolution of first marriage;

The  that denies the assumptions established in the two fractions foregoing will fully test the physical impossibility of the child is the husband who is credited;

III.  The presumed child born out of wedlock if born before one hundred eighty days after the conclusion of the second marriage and after three hundred days of the dissolution of the former.

Article  335 .- The lack of a child by her husband or their heirs, will demand as before the judge. All virtually unknown otherwise is zero.

Article  336 .- At the trial of contradiction of paternity will be heard the mother and son, whom, if lower, will be provided with a tutor interim.

Article  337 .- For legal purposes, only the fetus is said to be born, entirely detached from the womb, live clock or is presented alive to the Civil Registry. Lacking any of these circumstances, no one can ever sue on paternity.

Article 338 .- There can be on the affiliation or commitment transaction or arbitrators.

Article  339 .- There may be transaction or arbitration rights pecuniary legally acquired the affiliation could be inferred,  without the concessions made to the child who says, import the state acquisition of child marriage.

CHAPTER II

Tests of the parentage of children born in marriage

Article  340 .- The filiation of children born to the marriage test departure of his birth and the marriage of their parents.

Article  341 .- In the absence of records or if they were defective, incomplete or false, shall be evidenced by the steady-state possession of child born  marriage. In the absence of this possession are admissible to prove filiation all the evidence that the law authorizes, but testimony is not admissible if there is no prima facie evidence for writing or indications resulting from facts or assumptions that certain considered severe enough to determine admission.

If  one of the records should fail or is disabled and there doubled, it must be tested, without admitting other class.

Article  342 .- If any children born of two people who have lived publicly as husband and wife, and both are deceased, or absence or illness will be impossible to express the place where married, you can not dispute those children have been born of marriage  only the failure to submit the minutes of the link from their parents, always proven to have possession of the state of children them, or that the evidence allowed by the previous article,  filiation is established and is not contradicted by the record of birth.

Article  343 .- If an individual has been consistently recognized as the son of marriage, the husband's family and society, will be proved possession of state's son also attends marriage if any of  the following circumstances:

I. The child has consistently used the name of which claims that his father is, with the approval thereof;

II. That the parent has treated like a son born of his marriage, providing livelihood, education and establishment;

III. That the alleged father is old as required by Article 361.

Article  344 .- declare a marriage has been good or bad faith in spouses to celebrate the children born during it are considered children of marriage.

Article  345 .- are not enough to put the mother to exclude paternity by husband. While he lives, only he can claim against parentage of the child conceived during the marriage.

Article  346 .- The civil actions are brought against the son by assets acquired during the state of child born in wedlock, but later found not to be, shall be subject to common rules for prescription.

Article 347 .- The action it is for the child to claim their state is inalienable for him and his descendants.

Article 348 .- The other heirs of the son may try the action in the previous article:

I. If the child has died before the age of twenty-two.

II. If the child fell into dementia before the age of twenty-two and later died in the same state.

Article  349 .- The heirs may continue the action attempted by the child unless it has withdrawn formally from it, or not any  court promoted for one year from the last diligence.

Also be able to answer all actions which aim to dispute the condition of child born in wedlock.

Article  350 .- The creditors, legatees and donees have the same rights granted to the heirs of Articles 348 and 349, if the son did not leave sufficient assets to pay them.

Article  351 .- The actions that speak the three preceding articles, expire after four years, counted from the death of the child.

Article  352 .- Possession of child born in wedlock can not miss it by final sentence, which will support the resources that give the laws, judgments of interest.

Article  353 .- If you are in possession of parental rights or child stripped off of them or disturbed in its exercise, without a prior sentence which should lose, you can use the actions establish laws to protect him or restore is in possession.

CHAPTER III

From Legitimacy

Article  354 .- The subsequent marriage of parents who have done as born in wedlock to children born before the meeting.

Article  355 .- In order that the child enjoys the right granted to it by article above, parents should recognize explicitly before the marriage in the very act of celebrating, or during he doing in any case the recognition both parents, board or separately.

Article  356 .- If the child was recognized by the father and his birth certificate  contains the name of the mother, does not need explicit recognition of it to the standing takes legal purposes. Nor requires recognition of the father, if it was expressed in the name of this  the birth certificate.

Article  357 .- Although recognition is later, the children acquire all  their rights from the day they celebrated the marriage of their parents.

Article  358 .- You can also enjoy the right granted by Article 354, the children have already died in celebration of the marriage of their  parents, if they left descendants.

Article  359 .- You can also enjoy the right of unborn children, if the married father declares that it recognizes the child of whom the woman is pregnant, or if it recognizes that person was pregnant.

CHAPTER IV

Recognition of Children Born Out of Wedlock

Article  360 .- The parentage of children born out of wedlock is, relation to the mother, the mere fact of birth. Regarding father only set by voluntary recognition or by a ruling declaring paternity.

Article  361 .- They can recognize their children, who have the required age for  marriage, plus the age of the child who will be recognized.

Article  362 .- The child can not recognize a child without the consent to or to exercise parental authority over him,  or the person under whose custody is, or lack thereof, without judicial authorization.

Article  363 .- The recognition by a minor is voidable if he proves that suffered or misleading in so doing, may try the action until four years after the elderly.

Article 364 .- You can recognize the unborn child and who have stopped dead offspring.

Article 365 .- Parents can recognize their child together or separately.

Article 366 .- The recognition by a parent, effects on him and not about the other parent.

Article  367 .- The recognition is not revocable by the person who did, and if it has made in a will, when it is revoked, is not revoked  recognition.

Article  368 .- The Attorney General may take action's contradictory recognition of a minor, when it was made in harm the child.

The  same action will be the parent who claims for himself with such character exclusion of a person who has done improperly or for recognition the sole purpose of exclusion.

The third affected by obligations undertaken illegally may contradict recognition in a defense.

In no case should challenge the recognition because of her inheritance to deprive the child recognized.

Article 369 .- The recognition of a child born out of wedlock, shall be in any of the following ways:

I. At birth, before the Judge of the Civil Registry;

II. By special act before the same judge;

III. By public deed;

IV. By will;

V. For direct and express judicial confession.

Article  370 .- When the parent recognizes a child separately, no may reveal in the act of recognizing the name of the person  who was there, or expose any circumstances where it can be identified. Words containing the revelation, tester job, so that they are totally illegible.

Article  371 .- Judge of the Civil Registry, the trial judge in his case, the notary who consent to the violation of article above, shall be punished with the penalty of dismissal from employment and disqualification to hold any other for a term of not less than two nor  exceeding five years.

Article  372 .- A spouse may acknowledge the child before her marriage been without the consent of other spouse, but not entitled to take to live in the conjugal room except with the consent express it.

Article 373 .- (Repealed).

Article  374 .- The son of a married woman not be recognized as a son by  another man other than her husband, but when he has the unknown, and  enforceable by a court has declared that it is not his child.

Article  375 .- The adult child can not be recognized without consent nor the minor without their guardian, if any, or the guardian that the court will appoint specially for the case.

Article 376 .- If the child is less recognized, you can claim against recognition when it comes to the elderly.

Article  377 .- The term for this action will deduct two years, shall run from the child is of age, if before be learned of the recognition, and if not had, from the date that purchased.

Article  378 .- A woman who has care or nursing care of a child, who has given his name or permitted to drive, that it publicly  presented as his son and has provided education and subsistence, may contradict the recognition that a man made or intends to make that child. In this case, you can not be separated  on their side, unless consent to surrender or who is required to make delivery by judicial decision. The term to counter  recognition will be sixty days from that was knowledge of it.

Article  379 .- When the mother contradicts the fact recognition without consent, it will be void, and the question of paternity is resolved in the appropriate adversarial.

Article  380 .- When the father and mother who live together do not recognize the son  in the same act, agree which of them will exercise its custody and in  If not do so, Judge of Family place, hearing Parents and the Public Prosecutor, decide what he believes more appropriate to the interests of the child.

Article  381 .- In case the survey is carried on by  Parents not living together, exercise any custody who first  recognized, unless otherwise is agreed between parents and provided that the Family Court judge did not deem it necessary site amend the convention for serious cause, after hearing the interested parties and  prosecutors.

Article 382 .- The investigation of the paternity of children born out of wedlock, is allowed:

I. In cases of abduction, rape or rape, when the time of the crime matches the conception;

II. When the child is in possession of state's son alleged father;

III.  When the child has been conceived during the time the mother lived under the same roof with the intended father, living cohabiting;

IV. When the child is going for a prima facie case against the alleged father.

Article 383 .- concubine's children are presumed and concubine:

I. Those born after one hundred eighty days since the start of cohabitation;

II. Those born within three hundred days after the cessation of life in common between the concubine and mistress.

Article  384 .- Possession of state for the purposes of section II Article 382 shall be justified by demonstrating the ordinary means of proof that the child has been treated by the alleged father, or his family, as son of the first, and it has provided its livelihood, education and establishment.

Article  385 .- is allowed a child born out of wedlock and their descendants, investigating motherhood, which can be proved by any ordinary means, but the inquiry will not be allowed when the object has the attribute the child to a married woman.

Article  386 .- Notwithstanding the provisions of the end of the previous article,  the child may investigate motherhood if it follows a civil or criminal sentence.

Article  387 .- Giving food alone is not proof or even  presumption of parenthood. Nor can it be invoked as reason to investigate them.

Article 388 .- The research activities of parenthood, can only be attempted in parents' lives.

If  parents are deceased during the minority of children, they have the right to bring action before the expiration of four  their older years.

Article 389 .- The child recognized by the father, mother, or both has the right:

I. To bear the surname of their father or both parents surnames to recognize it;

II. To be fed by people who recognize it;

III. To receive the food portion of hereditary and fixed by law

CHAPTER V

Adoption

Section One

General Provisions

Article  390 .- The largest twenty-five years, free from marriage, in the exercise of their rights, may adopt one or more minors or disabled, even if he is of age, provided the adopter has seventeen years older than the adoptee and attesting plus:

I.  Having means enough to provide subsistence, education  and care of the person is taken as his own son, the circumstances of the person seeking to adopt;

II. That adoption is beneficial for the person who is adopted, considering the best interests of the same, and

III. Which the adopter is fit and proper person to adopt.

When  special circumstances so warrant, the judge may authorize the adoption of two or more disabled or minors and simultaneously.

Article  391 .- The husband and wife may, when the two are conform to consider when adopted as a child and although only one spouses meet the age requirement referred to in Article above, but only if the age difference between any adopters and the adoptee is at least seventeen years. It must also certify the requirements of the fractions of previous article.

Article 392 .- No one shall be adopted by more than one person, except as provided in the preceding article.

Article  393 .- The guardian may not adopt the ward until after that have been finally approved the accounts of guardianship.

Article  394 .- The minor or disabled person who has been adopted under  the form of simple adoption, may contest the adoption within one year after the age of majority or the date is gone disability.

Article  395 .- Whoever takes will on the person and property of adopted the same rights and obligations of parents about the person and property of children.

The  adoptive name and surname will be the adoptee, except when circumstances in the case of simple adoption, no deems appropriate.

Article  396 .- The adopted child will have for the person or persons who take the same rights and obligations of a child.

Article 397 .- For the adoption to take place it must agree in their respective cases:

I. The exercising parental authority over the child who is adopted;

II. The tutor to be taken;

III.  The person who has hosted for six months to that intended adopt and treat it as a child, when there is no person exercising parental  have authority over him or guardian;

IV.  The Prosecutor's place of residence of the adoptee when he  not have known parents, or guardian, or person who ostensibly will imparts protection and has welcomed him as a son.

V.  The institutions of public or private social welfare which have  welcomed the child or incapacitated intended to be taken.

If  the person who will take over twelve years, also needs your consent to adoption. In the case of persons unable, you will need your consent, provided it was indubitable possible expression of their will.

Article  398 .- If the guardian or the Public Ministry did not consent to the adoption  must state the reason therefor, which the judge shall taking into account the interests of the minor or incapacitated.

Article 399 .- The procedure for adoption will be determined in the Code of Civil Procedure.

Article  400 .- As soon as the court's decision enforceable cause to issued authorizing adoption, it will be consummated.

Article  401 .- The judge approved the adoption proceedings shall transmit copies  respective Judge of the Civil Registry of the site to lift the examination report.

Section Two

Simple Adoption

Article  402 .- The rights and obligations arising from the adoption of simple, well as the relationship that it be limited to the adopter and adopted, except for the impediments of marriage, for which shall be complied with the provisions of Article 157.

Article  403 .- The rights and obligations resulting from the natural kinship not extinguished by the simple adoption, parental authority except that will be transferred to the adopter unless, if any, is married to either parent of the adopted because then exercised by both spouses.

Article  404 .- The simple decision can become full and must be obtained  the consent of the adoptee, if he has completed twelve years. If that age is a minor requires the consent of those who had consented to the adoption, if it is possible to obtain, or else  Otherwise the judge must decide in the best interests of lower.

Article 405 .- The simple adoption may be revoked:

I.  When both parties agree, if the adoptee is of age. If not the case, you will hear people who provided consent under Article 397, when away from home known, and their absence, the representative of the Public Ministry and the Trusteeship Council;

II. Adopted by ingratitude.

III.  When the Adoption Council of National Development System  Integrated Family justify that there is serious reason to bring in danger to the child.

Article 406 .- For the purposes of section II of the article, it is considered ungrateful to adopted:

I.  If you make a willful crime against the person, honor or property of the adopter, his spouse, their parents or descendants;

II.  If the formula adopted complaint or lawsuit against the adopter, by a crime if proven, unless it was committed against  adopted the same, your spouse, ascendants or descendants;

III. If the adoptee adopter refuses to give food that has fallen into poverty.

Article  407 .- In the first case of Article 405, the judge shall order that the adoption is revoked if convinced of the spontaneity with which requested the revocation, he finds that it is suitable for moral and material interests of the adoptee.

Article  408 .- The judge's decree annulling the adoption and restores the things the state to be saved before it.

Article  409 .- In the second case of Article 405, making stops producing  effects since it commits the act of ingratitude, though the resolution  court to declare the adoption is revoked later.

Article  410 .- The decisions rendered by judges, approving the revocation, be communicated to the Judge of the Civil Registry of the place where it is made to cancel the certificate of adoption.

Section Three

Full Adoption

Article  410 A. - adopted in the form of full adoption to the child equates  inbred for all legal purposes, including impediments to marriage. The adopted takes the family of the adopting the same rights, duties and obligations of child by blood and must carry the surname of the adopter or adopters.

The  full adoption extinguishes the existing affiliation between the adopted and parents and kinship with the families of these, except for impediments to marriage. In the event that the adopter is married to one of the parents of the adoptee shall survive the  rights, obligations and other legal consequences resulting from filiation by blood.

Full adoption is irrevocable.

Article  410 B. - For the full adoption may have an effect, in addition to persons referred to in Article 397 of this Code, shall grant  consent the parent of a child who is to adopt unless there is about a judicial declaration of abandonment.

Article  410 C. - In the case of full adoption, the Registrar shall not  provide background information on family origin of the adoptee, except in the following cases and with judicial authorization:

I. For purposes of impediment to marriage, and

II.  When adopted want to know your family history, provided  when I grow old, if a minor will be required consent of the adoptive parents.

Article  D. 410 - can not take full adoption by the people consanguineous family relationship with the minor or incompetent.

Section Four

International Adoption

Article  410 E. - International adoption is promoted by citizens another country, normally resident outside the country, and aims to incorporate, in a family, a child who can not find a family in their country of origin. This adoption governed by international treaties signed and ratified by the Mexican State and, as applicable, by the provisions of this Code.

International adoptions are always full.

The  Adoption by foreigners is promoted by citizens of another country with permanent residence in the country. This adoption governed by the provisions of this Code.

Article 410 F. - being equal preference is given to the Mexicans on foreign adoption.

PART EIGHT

From Custody

CHAPTER I

Effects of parental authority over the person of the Children

Article  411 .- The relation between ascendants and descendants must prevail  mutual respect and consideration, regardless of their condition, age and  condition.

Article  412 .- The minor children are not emancipated under the parental power as long as any of the ancestors to be performed according to law.

Article  413 .- Parental authority is exercised over the person and property of  children. Their exercise is subject regarding the care and education children, the forms you print out the resolutions issued in accordance with the Law on Social Welfare of Transnational Children in Mexico City.

Article  414 .- The custody of children is exercised by parents. If for any reason cease to exercise any of them, shall exercise the other.

A  absence of both parents or by any other circumstance under this ordinance, shall exercise parental authority over minors, second-degree ascendants in the order determined by the judge of what family, considering the circumstances.

Article 415 .- (Repealed).

Article  416 .- In case of separation of those exercising parental authority, both should continue with their duties and may agree to the terms of exercise, particularly with regard to the custody of minors. In case of disagreement, the judge leading the family decide what hearing the Public Prosecutor, without Subject to the provisions of Article 94 of the Code of Procedure Federal District Civil.

In  this assumption, based on the interests of the child, it shall be under the care and attention of one of them. The other is obliged to  collaborate in their diet and maintain the rights of surveillance and of living with the child, according to the rules laid down in agreement or court order.

Article  417 .- Those who exercise parental authority, even when they do not custody have the right to live with their descendants, except there is danger for them.

Not  be prevented without valid reason, relationships between children and their relatives. In case of opposition to the request of either  them, the family court judge to decide what care leading interests of the child. Only by court order may be limited, suspended or lose the right to cohabitation referred to the above, as well as in cases of suspension or loss of custody, according to the modalities for its exercise is established in the agreement or court order.

Article  418 .- The duties, powers and restrictions established for guardians, shall apply to any circumstance relative having custody of a minor. Who retains custody will the obligation to contribute to the relative custody of the minor all duties, retaining their rights of living and security.

The  previous custody decision may end up relative to the performed by the person or persons exercising parental authority or by resolution  judiciary.

Article 419 .- The custody of adopted son, the exercise only people to adopt them.

Article  420 .- Only for lack or impairment of all calls preferably enter the exercise of parental authority that remain in the order established in the previous articles. If only should fail one of the two persons who have to exercise custody, the remaining will continue in the exercise of that right.

Article  421 .- son while they are in custody, can not fail the house of those who exercise it, without their permission or decree authority.

Article  422 .- For people who have the child in his custody or custody whom the obligation to educate properly.

When  becomes aware of Local Councils of Guardianship or any administrative authority that such persons do not meet the obligation referred to, it will advise the Public Ministry to promote  as appropriate.

Article  423 .- For the purposes of the preceding article, those exercising parental  have lower power or custody, have the power correct and the obligation to observe conduct that they serve a good example.

The  power to correct the minor does not involve inflicting acts of force jeopardize their physical or mental in terms of what provisions of article 323 ter of this Code.

Article  424 .- He who is subject to parental authority can not appear in trial or incurring obligations, without the express consent of that either of those who exercise that right. In case of irrational dissent the judge shall decide.

CHAPTER II

Effects of parental rights in the property of the Son

Article  425 .- Those who exercise parental authority are legitimate representatives of those below it, and have the legal administration of the property belonging to them, according to the requirements of this Code.

Article  426 .- When parental authority is exercised by both the father and the mother, or grandfather and grandmother, or by the adopters, the property manager shall be appointed by mutual agreement, but the designated in all businesses consult his consort and require its consent to major acts of administration.

Article  427 .- The person having parental authority also represent children in court, but may not enter into any arrangement finish, except with the express consent of his consort, and  judicial authorization when expressly required by law.

Article 428 .- The child's property, while in custody, are divided into two classes:

I. Assets acquired for their work;

II. Assets acquired by any other title.

Article 429 .- Goods of the first class belong in ownership, management and enjoyment of the child.

Article  430 .- In the second class goods, property and half of usufruct belong to the child, the administration and the other half of usufruct belongs to the person exercising parental authority. Without  But if children acquire property by inheritance, bequest or donation and  the testator or donor has stipulated that the usufruct belongs to the child or  it is intended for a particular purpose, are subject to the provisions.

Article  431 .- Parents may waive their right to half of the usufruct stating his resignation in writing or otherwise not  leave room for doubt.

Article 432 .- The resignation of usufruct in favor of the son made, it is considered a donation.

Article  433 .- The revenues and income that have expired before the parents, grandparents or adopters into possession of the goods whose property corresponds to the child belong to it, and in no case be  need to enjoy the fruits of the person exercising parental authority.

Article  434 .- The enjoyment of the property granted to persons whose parental authority, carries obligations that expresses the Chapter II of Title VI, and also those imposed on the beneficial owners,  except the obligation to bail, except in cases following:

I. When exercising parental rights have been declared bankrupt or are bankrupt;

II. When subsequent marriage contract;

III. When administration is notoriously wasteful for the children.

Article  435 .- When by law or by the will of the Father, the Son has the property management, will be considered on the administration as emancipated, with the restriction provided by law to alienate, encumber or mortgage real estate.

Article  436 .- Those who exercise parental authority can not alienate or encumber in any way the real estate and precious furniture correspond to the child, but because of absolute necessity or evident  benefit, and prior authorization from the judge.

Neither  may enter into leases for more than five years, or Income received in advance for more than two years, sell securities commercial, industrial, income securities, stocks, fruits and cattle, retail value of which is quoted in the square the day of sale, to donate goods for children or voluntary referral of their rights, nor give security on behalf of children.

Article  437 .- Whenever the judge grants leave to having parental authority to dispose of a property or a beautiful piece of furniture belonging to the child, take steps to make the proceeds of the sale is devoted to the object that was allocated, and to the rest is invested in the acquisition of real property or is imposed in mortgage safe for the child.

To the  Indeed, the price of the sale will be deposited in an institution credit, and the person exercising parental authority may not dispose of  him without a warrant.

Article 438 .- The right of use granted to the persons exercising parental authority is extinguished:

I. Derived for the emancipation of marriage or the older age of the children;

II. For the loss of parental authority;

III. Resignation.

Article  439 .- The person having parental authority have an obligation to account for the administration of property of children.

Article  440 .- In all cases where persons having parental authority have an interest opposed to their children, be they represented, both in and outside, by a guardian appointed by the judge for each case.

Article  441 .- The judges have the authority to take necessary measures to stop by the mismanagement of those exercising parental authority, the child's property was squandered or decrease.

These  measures will be taken at the request of interested persons, the minor when he has served fourteen years, or the Public Ministry in all case.

Article  442 .- The persons who exercise parental authority must submit their children after they are emancipated or reach the older, all  goods and fruits that they own.

CHAPTER III

Of the finishing modes and suspend Custody

Article 443 .- The parental authority lapses:

I. With the death of the exercises, if no other person to whom it falls;

II. With emancipation, derived from the marriage.

III. For the older child.

Article 444 .- The lost custody by court order:

I. - When the perpetrator is expressly condemned the loss of that right;

II. In divorce cases, taking into account the provisions of Article 283;

III.  When the depraved habits of parents, ill treatment or  dereliction of duty, might endanger the health, safety or  morals of children, even when those facts do not fall under the sanction of the criminal law;

IV. For the exhibition that doeth parent their children or abandoned because the stop for more than six months.

V. - When the perpetrator is sentenced for committing an intentional crime where the victim is the youngest: and

VI .- When the perpetrator is convicted two or more felony.

Article  444 bis .- Parental rights may be limited when the exercise  engage in conduct of domestic violence under Article 323  ter of this Code, against the persons against whom the exercised.

Article 445 .- The mother or grandmother passing remarriage, this fact does not lose custody.

Article 446 .- The new husband did not exercise parental authority over children from previous marriage.

Article 447 .- Parental authority is suspended:

I. Judicially declared disability;

II. By declaring an absence;

III. For sentence imposed as a penalty suspension.

Article 448 .- The parental right is not waived, but those who may properly exercise it may be excused:

I. When you're sixty years old;

II. As usual because of his poor health, unable to care properly for their performance.

NINTH TITLE

Of Guardianship

CHAPTER I

General Provisions

Article  449 .- The purpose of guardianship is the guardianship of the person and property of  not be subject to parental authority are natural inability and legal, or only the second to govern themselves. Guardianship may also be intended to represent the ward in interim  special cases stipulated by law.

In  guardianship is preferably the person take care of disabled. Their exercise is subject regarding the care and education of children the rules for speaking the final Article 413.

Article 450 .- They are natural and legal incapacity:

I. Minors;

II.  The elderly handicapped or disturbed in their intelligence, though they have lucid intervals, and those who suffer from some disease or condition caused by persistent deficiency of character physical, sensory or psychological or addiction to toxic substances such as alcohol, psychotropic drugs or narcotics, provided that due to limited or altered the understanding that this cause they can not govern themselves and be bound by, or express their will by some means.

III. (Repealed).

IV. (Repealed).

Article  451 .- Minors emancipated by marriage, have legal inability for the acts mentioned in Article regard to Chapter I of Title X of this book.

Article 452 .- The protection is a position of public interest that no one can be exempted, but for legitimate cause.

Article  453 .- He who refuses without legal cause to hold the office of guardian is responsible for the damages for its refusal prove the disabled.

Article  454 .- The protection is carried out by the tutor intervention guardian, the Judge of the Family and Guardianship of the Local Council, in terms of this Code.

Article 455 .- No incapable may have at one time more than one guardian and a conservator final.

Article  456 .- The guardian and conservator can play, respectively, guardianship or conservatorship to three helpless. If they are brothers or heirs or legatees of the same person, may appoint a only guardian and a conservator at all, even more than three.

Article  457 .- When the interests of one or more of the disabled, subject to the same protection, they be opposites, the tutor will knowledge of the judge, who will appoint a special guardian to defend the  interests of the incapable, which he designates, while deciding the  point of opposition.

Article  458 .- The offices of guardian and conservator of an incompetent can not be performed simultaneously by one person. Nor can performed by persons who have any relationship to each other grade line, or within the fourth degree of the collateral.

Article  459 .- may not be appointed guardian, the people I play the Family Court and that integrate Tips Local guardianship, or which are linked to kinship consanguinity to the persons mentioned in a straight line without limited degree, and in the collateral within the fourth degree inclusive.

Article  460 .- When a person dies who exercise parental authority over an incapacitated person who should be appointed guardian, executor of his will and  in case of intestacy relatives and people who have lived, are required to give the judge the death of the pupil within  eight days, in order to provide for the guardianship, under penalty of twenty-five to one hundred pesos fine.

The  Judges of the Civil Registry, administrative authorities and court are required to give notice to the judges of the pupillary Where it is necessary to appoint a guardian and brought to its attention  in the exercise of their functions.

Article 461 .- The protection is testamentary or dative legitimate.

Article  462 .- Any protection can be conferred without previously declared in  the terms prescribed by the Code of Civil Procedure, the disability status of the person who will be subject to it.

Article  463 .- The tutors and can not be removed from office without who have previously been heard and defeated in court.

Article  464 .- The child who is in any case to referred to in Section II of Article 450, shall be subject to guardianship of minors, until you reach the age of majority.

If  In fulfilling this will continue the disability, the ward will be subject to new protection, interdiction prior trial, which will be heard on former tutor and curator.

Article  465 .- Children under a disability will be under the parental corresponding power of influence under the law, not when they had, they provide tutor.

Article  466 .- The post of tutor for the persons included in the cases referred to in Section II of Article 450, during the While the ban persists when exercised by descendants or ascendants. The spouse will have obligations serve in that capacity as spouse retains its character. The guardianship strange play that it is right to have be relieved of her ten years of teaching.

Article  467 .- The prohibition of speaking the previous article but will not stop the death of the incapacitated or final decision, which act in court followed under the same rules established for interdiction.

Article  468 .- The Family Court judge of the domicile of the incompetent, and if not  any, the judge less, temporary care of the person and property  the disabled, to be appointed guardian.

Article  469 .- The judge who does not meet the requirements for guardianship, addition to the penalties incurred under the laws will be responsible for damages suffered by the incompetent.

CHAPTER II

Probate Conservatorship of

Article  470 .- The surviving ancestor of the two in each grade must exercise parental authority as provided in Article 414, is entitled, but is a minor, to name a guardian in your will those over whom they exercise it, including the posthumous son.

Article  471 .- The appointment of probate conservator made in terms of previous article, precludes the exercise of parental authority to ancestors of later grades.

Article  472 .- If thou art ascending disabled or excluded absent, the protection will cease when the impediment is removed or you develop the  ancestors, unless the testator has expressly provided that continue the guardianship.

Article  473 .- He who in his will, even if an unemancipated minor, let goods, either by bequest or inheritance, an incompetent not under its custody or under the other, may appoint guardian only for managing the assets you leave.

Article  474 .- If several children may assignment of a common guardian, or  vested in someone other than the protection of each, observed, where applicable, the provisions of Article 457.

Article  475 .- The parent exercising guardianship of a child subject to interdiction intellectual disability, can appoint a testamentary guardian if the mother has died or can not legally obtain custody.

The mother, if you can make the appointment referred to in this article.

Article 476 .- In case there is no other place to probate guardianship of the disabled.

Article  477 .- Whenever several tutors are appointed, the guardianship will play the first name, which will replace the others, the order of their appointment, in cases of death, incapacity, or removal excuse.

Article  478 .- The provisions of the preceding Article shall not apply if the testator  established the order in which tutors must succeed in performance of guardianship.

Article  479 .- Follow all the rules, limitations and conditions set by the testator for the administration of the guardianship, other than  contrary to law, unless the judge hearing the tutor and the curator, the deemed harmful to minors, in which case it may waive or modify them.

Article  480 .- If a conditional appointment of a guardian or some other reason, the testamentary guardian shall fail temporarily, the judge will provide Acting as guardian of the child, according to the general rules on appointment of guardians.

Article  481 .- The adoptive parent exercising parental authority is entitled to testamentary guardian appointed his adopted son, to apply to this protection provisions of the preceding articles.

CHAPTER III

Guardianship of Minors Legitimate

Article 482 .- legitimate protection has resulted in:

I. When there is no person exercising parental authority, or testamentary guardian;

II. When you need to appoint a guardian because of divorce.

Article 483 .- The corresponding self-protection:

I. The brothers, who preferred to be on both lines;

II. Lack or failure of the brothers, the other side within the fourth degree.

Article  484 .- If there are several relatives of the same degree, the judge elected among them that seems better suited for the job, but if the child there sixteen years, he will make the choice.

Article 485 .- The temporary absence of the legal guardian, will be supplied under the terms established in the previous two articles.

CHAPTER IV

From legitimate guardianship of incapacitated adults

Article 486 .- The husband is the legal guardian, and forced his wife, and this one is her husband.

Article 487 .- The adult children are guardians of their father or widowed mother.

Article  488 .- If two or more children will be preferred to live in company of the father or mother, and still more those in the same case, the judge will choose which seems more apt.

Article  489 .- Parents are legal guardians of their children, single or widowers when they do not have children who can play the guardianship being due to agree on which of them will exercise charge.

Article  490 .- In the absence of a testamentary guardian and the person under  previous articles should play guardianship, will be called to it succession, grandparents, siblings of the disabled and other collateral referred to in Section II of Article 483; observed in your case the provisions of Article 484.

Article  491 .- The guardian of the disabled who have minor children under their parental authority, will also tutor them, if no other ascendant whom the law designates the exercise of that right.

CHAPTER V

Of  Guardianship of Minors Abandoned Legitimate and Hosted by any Person or deposits with Charity

Article  492 .- The law places the foundlings and abandoned under the tutelage of person who has received, who shall have the duties, powers and  restrictions prescribed for other tutors.

It  foundling considered a minor who is placed in a situation abandonment by those who by law are required to custody, protection and care and can not determine its origin. When situation of helplessness refers to a child whose origin is known, considered abandoned.

Article  493 .- The heads of the nursing homes, whether public or private, where they receive foundlings or abandoned, will play the their protection under the law and which prevent the statutes of the institution. In this case it is necessary discernment of charge.

Article  494 .- The heads of the nursing homes, whether public or private, which receive children who have been subjected to violence  family referred to Article 323 ter of this ordinance, will have custody of them in the manner prescribed by law and the statutes of the institution. In any case give notice to the Ministry Public and whom it may concern the exercise of parental authority and not  find out as responsible for the event of family violence.

CHAPTER VI

Dative of Guardianship

Article 495 .- The protection dative occurs:

I. When no testamentary guardian or person under the law applicable lawful custody;

II.  When the testamentary guardian is temporarily prevented from exercising their  charge, and no relative of the designated in Article 483.

Article  496 .- The dative tutor will be appointed by the minor if he has attained sixteen. The Family Court judge will confirm the appointment if has just cause to reprove. To condemn the further designations made by the minor, the judge shall hear the opinion of the Council Local Guardianship. If the appointment is approved by the minor Judge appointed guardian as provided in the following article.

Article  497 .- If the minor is younger than sixteen, the appointment of tutor will the Judge of Family among those listed made the list each year by the Guardianship Board hearing the Local Public Prosecutions, who must take care that it is proven the good name of the person chosen to tutor.

Article  498 .- If the judge does not timely appointment of a guardian is responsible for the damages that follow the child for the missing.

Article 499 .- It is always dative guardianship for judicial affairs of emancipated minor.

Article  500 .- The minors are not subject to parental authority, or probate guardianship or legitimate, but have no assets, they Guardianships dative. The protection in this case will be directed to the care of the person of the child, in order to receive the education  corresponding to their economic potential and their abilities. The tutor will  Council appointed at the request of local guardianship of the Ministry Public, as minor, and even ex officio by the judge of the Family.

Article  501 .- In the case of the preceding Article, are obliged to play  protection for the duration in the positions listed below:

I. The Mayor of the minor's home;

II. Other aldermen of the City;

III. People who perform the administrative authority in places where there is no town hall;

IV. Teachers official primary, secondary or professional, the place where the child lives;

V. The board members of public or private charities pay the Treasury to enjoy;

VI. The principals of public welfare.

The  Family judges appointed from among persons above the in each case must carry out the supervision, ensuring that this position is shared fairly, without prejudice that can also be appointed guardians of the persons on the lists to be form the Local Councils of Guardianship under the provisions of Chapter XV of this title when conform to play free protection in question.

Article  502 .- If the child who is in the case provided for in Article 500, acquires property, he was appointed tutor dative in accordance with what general rules provide for such appointments.

CHAPTER VII

Of Persons unqualified to Performance Guardianship and must be separated from it

Article 503 .- may not be guardians, but are willing to receive the title:

I. Minors;

II. The elderly who are under guardianship;

III.  Those who have been removed from custody for having taken another wrong, and about the person, in the administration of property of the incompetent;

IV.  The sentence that causes execution to convicted deprivation of this office or disqualification to obtain it;

V. Anyone who has been convicted of theft, breach of trust, embezzlement, fraud or crimes against decency;

VI. Those who have no job or way of life are well known or misconduct;

VII. The protection that the tendered, have pending litigation with the disabled;

VIII.  Debtors of the disabled in considerable quantity, according to the judge, unless you name a testamentary guardian has done so with knowledge of the debt, stated clearly to make appointment;

IX. Judges, magistrates and other officers or employees of the administration of justice;

X. Those who are not domiciled in the place that should act as guardians;

XI.  Public employees of the Treasury, by virtue of their having actual or financial responsibility and have had it and have not covered;

XII. The suffering contagious chronic disease;

XIII. Others who prohibited by law.

Article 504 .- will be separated from the guardianship:

I. Those without bail handling according to law, exercise the administration of the guardianship;

II.  Those who conduct themselves badly in the performance of guardianship, either for of the person, and in the administration of the estate of disabled;

III. Tutors do not render their accounts within the period fixed by Article 590;

IV. Those included in the above article from the occurrence or find your incapacity;

V. A guardian who is in the case provided for in Article 159;

VI. A guardian who remains absent for more than six months, where they must play the guardianship.

Article  505 .- may not be tutors or curators of persons falling in Section II of Article 450, who have been caused or encouraged  directly or indirectly such diseases or conditions.

Article 506 .- (Repealed).

Article  507 .- The Public Ministry and the relatives of the pupil, are entitled promote separation of tutors who are in any the cases provided for in Article 504.

Article  508 .- A guardian be prosecuted for any offense, be suspended in the exercise of their duties since the car is provided motivated in prison until the irrevocable sentence pronounced.

Article 509 .- In the case of the previous article, we will provide the protection under the law.

Article  510 .- Acquitted guardian, will return to the exercise of their duties. If sentenced to not carry the disqualification play guardianship, will it by putting out his sentence, provided that the sentence not exceeding one year in prison.

CHAPTER VIII

Excuses for the performance of Guardianship

Section 511 .- They can be excused from tutors:

I. Employees and public officials;

II. The military on active duty;

III. Those who are under their custody three or more offspring;

IV. Those who are so poor that they can not attend to the protection without affecting their livelihoods;

V. Which the poor state of his health routine, or for his rudeness and ignorance, can not properly address the guardianship;

VI. Those who are sixty years of age;

VII. Those who are responsible for another guardianship or conservatorship;

VIII.  Which due to their inexperience in business or for a serious reason to discretion of the judge, not in a position to perform properly the guardianship.

Article  512 .- If you have a legitimate excuse to tutor accepts the charge waiver for the same reason the excuse that the law grants

Article  513 .- The guardian must propose their impediments or excuses in the deadline set by the Code of Civil Procedure, as Once the term without exercising the right, it is understood waived excuse.

Article  514 .- If the tutor we had two or more excuses the proposed simultaneously, within the period in question, and whether to propose one, is deemed waived the others.

Article 515 .- While it calls the impediment or excuse, the judge shall appoint an interim guardian.

Article  516 .- The testamentary guardian to be excused from providing care, forfeit any right to which the testator may have left him by this concept.

Article  517 .- The unexcused or guardian who has rejected the proposal would play guardianship, you have forfeited to inherit the unable to die intestate, and is responsible for damages damages for his resignation have come upon the same disability. The same penalty incurred by the person entitled to lawful custody,  if, having been legally summoned, fails to report to court stating  relationship to the helpless.

Article  518 .- Dead guardian who is exercising custody, his heirs or executors are required to notify the judge, who immediately provide the disabled person's guardian that is first in  law.

CHAPTER IX

Warranty to be provided by tutors to ensure their management

Article  519 .- The tutor, before you discern the office, take caution  to ensure its management. This bond will be:

I. In mortgage or pledge;

II. In bond.

The  collateral to pay the tutor will be depositing the things given as collateral in a credit institution authorized to receive deposits; the absence thereof shall be deposited in person  notorious solvency and proper.

Article 520 .- The following are exempted from the obligation to guarantee:

I. The testamentary guardian, if you explicitly relieved of this obligation, the testator;

II. A guardian who does not manage assets;

III.  The father, mother and grandparents, in cases where by law  are called to exercise the care of their offspring, except as Article 523;

IV.  Those who accept a foundling, feed and educate him properly for over ten years, unless they have received pension to care for  him.

Article  521 .- Those included in Section I of the previous article, only be obliged to give security when after its appointment is overtaken by the testator unknown cause that, opinion of the judge and hearing the curator, makes it necessary.

Article  522 .- The guarantee to pay the tutors will not prevent the judge from the  Family, on motion of the Public Ministry, the Local Council Guardianship of close relatives of the incapacitated or if he has been sixteen years, issue such orders as may be useful for the conservation of property of the ward.

Article  523 .- When the guardianship of the incapacitated person falls on the spouse, the parents or the children will not be guaranteed, except in the case that The judge, after hearing the curator and the Council of Guardianship, believe convenient.

Article  524 .- Whenever the tutor is also heir of the ward, and this no more goods than hereditary, may not be required to tutor other guarantee that the same portion of his hereditary unless this portion equal to half the portion of the ward, for then  warranty will be integrated with property owned by the tutor or bond.

Article  525 .- Being disabled several of which have consisted of goods from an inheritance undivided, if there are several tutors only  require each of them the guarantee that applies to your represented.

Article  526 .- The tutor can not give bail bond for his handling but when  goods that have no mortgage or pledge form.

Article  527 .- When goods have not reach to cover the amount must be ensured in accordance with the following article, the guarantee may include: mortgage or pledge party, a party to bail, or only bail, according to the judge, after hearing the curator and of the Council Local Guardianship.

Article 528 .- The mortgage or pledge, if the bond will:

I.  For the amount of income from real estate in the last two years, and the capital tax revenues during the same time;

II. For the value of the property;

III.  For the products of rural properties in two years, calculated by experts, or the average over five years, at the option of judge;

IV.  In commercial and industrial negotiations, by twenty percent of the amount of goods and other movable effects, calculated the books if they are kept in due form or opinion of experts.

Article  529 .- If the assets of incapacitated, listed in the article above, increase or decrease in protection may be increased or proportionately reduced mortgage, pledge or bond, to motion of the guardian, the curator, the Public Ministry or the Council Local Guardianship.

Article  530 .- Judge alternative answers with the tutor, the damage and prejudice suffered by the disabled by not requiring that precautions handling the guardianship.

Article 531

If  guardian, within three months after accepting appointment, no could give the security for the sums fixed by Article 528, is shall appoint a new guardian.

Article  532 .- During the three months indicated in the preceding article, perform the administration of the property an interim guardian, who  will receive a formal inventory and may not perform other acts essential to the conservation of goods and perception products. For any other act of administration require court approval, which shall, if necessary, hearing the curator.

Article  533 .- When submitting your annual guardian, curator or the Council Local Guardianship should promote survival and fitness information  of the sureties given by him. This information may also promote it at any time they see fit. The Ministry  Public has the same power, and even ex officio judge may require this information.

Article  534 .- It is also the duty of the curator and the Local Council of Guardianship,  monitor the status of the mortgaged property by the guardian of the property pledging, giving notice to the judge of the damage and prejudice in them there so that if there is a marked decrease in the price, guardian is required to ensure other property interests administered.

CHAPTER X

Performance Guardianship

Article  535 .- When the tutor has to manage assets, may not enter administration without first named conservator, except Article 492.

Article  536 .- A guardian between the administration of property without appointed guardian, shall be liable for damages cause the disabled and also separated from the guardianship, but no stranger can refuse to deal with it or out of court citing the absence of a curator.

Article 537 .- The guardian is obliged:

I. A feed and educate the disabled;

II.  To destinations, preferably disabled resources to healing of their disease or its regeneration if it is a drunkard or  commonly abused drug narcotics;

III.  A solemn form and detailed inventory of what constitutes the assets of the disabled, within the time designated by the judge, with  intervention of the curator and the disabled if it has discernment and has sixteen years of age;

The term to form the inventory may not exceed six months;

IV.  To manage the flow of the disabled. The ward will be consulted  for major acts of the administration when it can discernment and over sixteen years;

The administration of the goods that the pupil has acquired his work for itself and not the guardian;

V.  To represent the disabled in court and out of it all civil acts, except for marriage, recognition of children, the will and other strictly personal;

VI. A timely request judicial authorization for all legally can not do without it.

Article  538 .- The cost of food and education of the child should be regulated so that nothing is missing required, depending on their condition and ability economy.

Article  539 .- When the guardian between the exercise of his office, the judge shall, after hearing that the amount to be invested in food and education of the child, without prejudice to alter as increase or decrease of assets and other circumstances. For the same reasons the judge may alter the amount that he appointed guardian  been set for that object.

Article  540 .- The tutor will allocate the child's career or occupation that it chooses,  on its merits. If the guardian violates this provision may the minor through the guardian, the Local Council of Guardianship or himself put it to the attention of Family Court judge, to dictate appropriate action.

Article  541 .- If you had custody of the minor had dedicated to one race, the tutor will not change it without approval the judge who will decide wisely and hearing this in any case  the same child, the curator and the Local Council of Guardianship.

Article  542 .- If the child's income can not cover the costs of its food and education, the judge will decide if it is brought to an learn  a trade or other means adopted to prevent the alienation of goods and, if possible, subject to the income of these, the cost supply.

Article  543 .- If the children or the elderly, with some of the disabilities referred to in Article 450 paragraph II, were homeless or lacked sufficient means for expenses demand their food and education, the court will require the tutor provision of such expenditures to relatives who have a legal obligation to  feeding the disabled. The expense that it originates, will be food covered by the debtor. When the same tutor is required to  provide food, because of his relationship with his ward, the conservator bringing proceedings to which this article refers.

Article  544 .- If children or adults with disabilities such as those Article 450 states in Section II do not have people who are forced to feed them or having them do not do so, the tutor  with permission of the family court judge who will hear the views of curator and the local council of guardianship, the ward will make a establishment of public or private charities where you can educated and empowered. In your case, if this is not possible, the tutor that individuals seek to provide employment to the disabled, with their age and circumstances, the obligation to  feed and educate them. Not that the guardian is relieved of his position, it will continue to monitor his ward, so that does not suffer damage the excessive work, inadequate food or defective education that is imparted.

Article  545 .- The disabled poor who can not be fed and educated by the means provided in the two previous articles, it will be at the expense of the revenue of the Federal District, but if becomes aware that there are relatives of the disabled and  legally obliged to provide food, the Ministry Public deduct the appropriate action to be refunded to Government expenditure has made in compliance  for this article.

Article  546 .- The guardian of the disabled referred to in Section II of  Article 537, is required to submit to the Family Court judge in January of each year a certificate of two psychiatrists who statements about the state of the individual subject to interdiction, who accord to that effect in the presence of the curator. The Judge ascertain the status of the disabled and shall take all measures may be necessary to improve their condition.

Article  547 .- For security, relief and improvement of the people who the preceding article, the guardian shall take the measures it deems opportunity, prior judicial authorization to be granted a hearing  curator. The measures that may be very urgent may be executed by the tutor, who will immediately notice the judge for the proper approval.

Article  548 .- The obligation to make inventories can not be provided even  by which they are entitled to appoint a testamentary guardian.

Article  549 .- While the inventory is not in formed, the guardianship must limited to acts of mere protection of person and conservation assets of the disabled.

Article  550 .- The guardian is obliged to include in the inventory credit may have against the disabled, if you do not lose the right to collect.

Article  551 .- The purchase goods that the disabled after the formation inventory, shall be immediately entered into it, with the same formalities prescribed in section III of Article 537.

Article  552 .- Made the inventory is not allowed to give evidence against him tutor  detriment of the disabled, neither before nor after the eldest of it, whether they litigate in its own name or representation disabled.

It  except as provided in the preceding paragraph where the inventory error is clear or in the case of a right clearly established.

Article  553 .- If you had omitted to list some items in the inventory, the less the same, before or after the elderly, and the curator or relative, may occur to the judge, asking that the property is omitted listen, and the judge, after consulting with the tutor, determined justice.

Article  554 .- The tutor within the first month of exercising his office, acting in court approval, the amount to be spent on expenses administration and the number and salaries of the employees needed. Or the number and salary of employees may be increased later, but  with court approval.

Article  555 .- The above article is not the guardian of freedoms justify, to pay bills that have actually been spent such amounts in their respective objects.

Article  556 .- If the parent of the child exercising a trade or industry, the judge, with report of two experts, will decide whether to or not to continue the negotiation, unless the parents HAVE foreseen something about this, in which case their will be respected, not offer as great inconvenience to the court's discretion.

Article  557 .- The resulting cash surplus after charges and covered attention to the guardianship, which comes from redemptions of capital and  which is acquired otherwise, is set by the tutor, within three months of which may have been assembled two thousand weights on certain mortgage, qualified under the responsibility taking into account the price of farm products and depreciation that may occur during it.

Article  558 .- If for taxation within the period specified in the preceding article, shall have a serious drawback, the guardian told the judge, who may extend the deadline by another three months.

Article  559 .- A guardian who does not give the constraints on time mentioned in the two previous articles revenues paid legal while non-capital tax.

Article  560 .- While the deposits are referred to the articles 557 and 558, the guardian shall deposit the monies received in the public institution for the purpose.

Article  561 .- Real property rights attached to them and the furniture beautiful, can not be alienated or encumbered by the tutor, but because of absolute necessity or evident utility of the child, or more with any of the disabilities referred to in Article 450 fraction II duly justified and subject to confirmation by the curator and court approval.

Article  562 .- When the sale has been allowed to meet with product a particular object, the judge noted the guardian within within which he must prove that the proceeds of disposition is  invested in its object. While not making the investment observe the provisions of the final part of Article 437.

Article  563 .- The sale of real estate of the minor and major disability, it is null if it is not legally a public auction. On disposal jewelry and precious furniture, the judge will decide whether or not auction may dispense, credited to the utility resulting protected.

The  guardian may not sell commercial paper, industrial, securities income, equities, fruits and livestock belonging to the disabled, for lower value of which is quoted in the square the day of sale, or give bond on behalf of the ward.

Article  564 .- In the case of transfer, encumber or mortgage for consideration  property belonging to the disabled as a co-owner, will begin  appraise such property by sending to fix with precision the and the value in them representing the disabled, so that the judge decides whether or not to divide them materially goods for which he received his portion in full ownership, or whether the  Rather, it is desirable to transfer, encumbrance or mortgage, setting in this case the conditions and assurances to be made, may, if it thinks fit, waive the auction, provided that  so desire guardian and conservator.

Article  565 .- For any extraordinary costs that are not conservation  or repair, needs a guardian be authorized by the judge.

Article  566 .- judicial license is required for the tutor to compromise or  engage in the business of the incapacitated referee.

Article 567 .- The appointment of arbitrators made by the guardian shall be subject to court approval.

Article  568 .- For the tutor relent when the subject of the claim consists of real estate, precious objects or values commercial or industrial with a value exceeding one thousand dollars, you need consent of the guardian and judicial approval granted with hearing it.

Article  569 .- No licensed judicial or auction or away can the  tutor buy or lease property of the incompetent, or do contract  one about them for himself, his ancestors, his wife or husband,  child or sibling by blood or affinity. If we did, well the nullity of the contract, the act will be enough for you stir.

Article  570 .- Cesa prohibition of the preceding article, for sale of goods, if the guardian or relatives mentioned therein are heirs, participants or partners of the disabled.

Article  571 .- The guardian may not make payment of their claims against the impaired without the consent of the guardian and judicial approval.

Article  572 .- The tutor can not accept for himself or without consideration, the  assignment of any right or claim against the disabled. You can only acquire these rights by inheritance.

Article  573 .- The guardian can not lease the assets of incapacitated for more than five years, but in case of need or utility prior consent of the guardian and authorization court observed in its case, Article 564.

Article  574 .- A lease made under the previous article, subsist throughout the period agreed upon, even when the protection ends, but will void any advance rent or rent for more than two years.

Article  575 .- Without court authorization the conservator may not receive money paid on behalf of the disabled, whether or not it constitutes mortgage contract.

Article 576 .- The guardian can not make donations on behalf of the disabled.

Article 577 .- The guardian has in respect of the child, the same powers as granted by Article 423 ancestors.

Article 578 .- For the protection does not run the prescription between the tutor and the disabled.

Article 579 .- The guardian is obliged to accept single donations, bequests and legacies to be left to the disabled.

Article  580 .- The expropriation for public utility property disabled, are not subject to the rules set forth above, but what  provisions of the laws of matter.

Article  581 .- When the guardian of an incapable person is the spouse will continue exercising conjugal rights with the following modifications:

I.  In cases where lawful consent is required spouse, it will be supplied by the judge hearing the curator;

II.  In cases where the spouse is unable to sue the other, complaints or petitions to secure their rights violated or threatened, will be represented by an interim guardian to the judge appoint. Curator is the duty of promoting the appointment and if not it meets, will be responsible for damage caused to the disabled. You can also promote the appointment of the Local Council  Guardianship.

Article  582 .- When the guardianship of the incapacitated spouse falls in, you can only encumber or dispose of the goods mentioned in Article 568, after hearing the conservator and court approval, granted in accordance with Article 561.

Article  583 .- When the protection rests with any other person, shall according to the rules established for the protection of minors.

Article  584 .- In case of abuse, neglect in care due  the disabled or the administration of his property may be the guardian  removed from the guardianship at the request of the curator of the relatives of disabled, the Local Council or the Ministry of Public Guardianship.

Article  585 .- The guardian is entitled to a return on assets disabled, you can set the Ascending or strange that under right is named in his will and for legal guardians and dative been determined by the judge.

Article  586 .- In no case will lower the salaries of five or exceed Ten percent of net revenues for such property.

Article  587 .- If the assets of the disabled should have the increase in their products, due exclusively to industry and diligence of the tutor, shall be entitled to compensation will increase up to twenty percent of liquid products. The rating will increase by the judge hearing the curator.

Article  588 .- So you can be in the pay of the guardians allowing an extraordinary increase in the preceding article, will be required essential that at least two consecutive years has obtained the  tutor absolute approval of their accounts.

Article  589 .- The guardian is not entitled to any remuneration, and restore it  that this title would have received if contravened the provisions Article 159.

CHAPTER XI

Accounts of Guardianship

Article  590 .- The guardian is obliged to pay the court a detailed account of his administration, in January of each year, regardless of the date in which he was discerned office. Failure to submit the  account in the three months to January, will cause the removal guardian.

Article  591 .- Also has an obligation to account when, for reasons severe grade the judge, requiring the conservator, the Local Council  Guardianships, prosecutors, themselves Unable identified in Section II of Article 450, or minors who have reached 16 years old.

Article  592 .- The administration account include not only the amounts  cash that the tutor has received proceeds of assets and  application that has given them, but in general all the operations  BEEN practiced, and accompanied by documents evidence and a stock of goods.

Article  593 .- The guardian is responsible for the value of credit assets if within sixty days from the expiration of its term, has not  received payment or security to guarantee it, or has not asked judicially one or the other.

Article  594 .- If the disability is not in possession of some goods to is entitled, will be responsible guardian of their loss, if within two months since I learned of the right disabled, does not enter the name of this court, actions conducive to recover them.

Article  595 .- The above article is without prejudice  responsibility, following attempted actions may be the guardian by the fault or negligence in the discharge of their duties.

Article 596 .- The accounts must give the place that serves the guardianship.

Article  597 .- must be paid to tutor all expenses incurred due and legally even though you have anticipated your own flow, and although It has not been found useful to children and the elderly unable, if it was no fault of the first.

Article  598 .- No advance or credit against the disabled will be paid  guardian, if it exceeds half the annual income of goods that, unless the effect has been authorized by the judge hearing the curator.

Article  599 .- The tutor will also be compensated according to the prudent decision the judge, the damage suffered because of the protection and performance needed it, when not involved on your part fault or negligence.

Article  600 .- The obligation to report can not be provided in the contract or  ultimately will, even by the same ward, and if a waiver is shall put a condition on any act shall be deemed null and void.

Article  601 .- A guardian who is replaced by another, shall, and himself his heirs, to account the general guidance that replaced. The new tutor will respond to the disabled for damages damages if for permission and take no account of his predecessor.

Article  602 .- The tutor, or, failing her representative, shall render accounts general guardianship within three months from the fenezca day guardianship. The judge may extend this deadline for three months, if extraordinary circumstances so require.

Article  603 .- The obligation to account passes to the heirs of the tutor, and if one of them continues to manage the assets of the guardianship, the responsibility will be the same as the former.

Article 604 .- The guarantee given by the tutor will not be canceled, but when the bills have been approved.

Article  605 .- Until a month of accountability, it is void agreement between the tutor and pupil, and more or emancipated on administration of the guardianship or the accounts themselves.

CHAPTER XII

From Termination of Guardianship

Article 606 .- The protection lapses:

I. By the death of the ward or disappear because their disability;

II. When disabled, subject to protection from parental authority by recognition or adoption.

CHAPTER XIII

Delivery of Goods

Article  607 .- The guardian, the guardianship terminated, is obligated to deliver all  property of the incompetent and all documents belonging to it, according to the balance that has been tabled at last count approved.

Article  608 .- The obligation to deliver goods because they are not suspended pending accountability. The delivery should be made during the month following the termination of the guardianship, when the goods are very large or is located in various places, the judge may prudent to set a term for its conclusion, but in any case, you  started in the time limit set.

Article  609 .- A guardian between the post going to another, is obliged to require delivery of assets and accounts that preceded it. If not requires, is responsible for all damages by the omission  will follow him to the disabled.

Article  610 .- The delivery of the goods and the account of the guardianship will be made to  expense of the disabled. If no funds to perform available, the judge may authorize the guardian to be provide the necessary for the first, and this will advance the on the second, which will be refunded with the first funds could be available.

Article 611 .- When involved fraud or negligence of the tutor, will be of all costs.

Article  612 .- The remaining balance for or against the tutor, produce legal interest. In the first run since the previous delivery  goods is the legal requirement for payment, and in the second from accountability, if they had been given within the period  designated by law and if not, since the same term expires.

Article  613 .- When it reaches the account against the guardian, although an arrangement with the child or their representatives is granted time to responsibility to satisfy him or his heirs, will be alive mortgages or other security given for the administration, until check payment, unless otherwise expressly agreed  in the array.

Article  614 .- If the surety bond regardless of the agreement to grant new time to tutor, it shall inform the guarantor, if it agrees, it will remain  bound to the solution, if not consent, no waiting, and may require immediate payment or the subrogation of the surety for another equally suitable to accept the agreement.

Article 615 .- If the agreement is come to know the guarantor does not remain bound.

Article  616 .- All actions facts relating to the administration  guardianship, the disabled can exercise against his tutor, or against sureties and guarantors of this, are extinguished by the lapse of four years, counting from the day he meets the older, or from the time goods are received and the account guardianship, or from termination of the disability in other cases provided by law.

Article  617 .- If the deceased had custody during the minority, the lowest may bring appropriate action against the first guardian and those whom he was succeeded in office, the computer then terms from the day you get to the elderly. In the case of other disabilities, the terms are computed from the cessation of disability.

CHAPTER XIV

The Curator

Article  618 .- All individuals under guardianship, whether testamentary legitimate or dative addition to the tutor will have a guardian, except in guardianship cases referred to in Articles 492 and 500.

Article  619 .- In any case where the child is appointed an interim guardian, you appointed curator of the same character, if it has no definitive or if having it is prevented.

Article 620 .- also appoint an interim curator in the case of a conflict of interests referred to in Article 457.

Article  621 .- interim curator also be appointed in cases of disability, separation or excuse named, while deciding the point, then it is decided to be appointed new curator at law.

Article 622 .- The provisions on disability or excuses guardians shall also govern for the curators.

Section 623 .- Those who are entitled to appoint a guardian, I also have to appoint a curator.

Article 624 .- To appoint themselves to the curator, with court approval:

I. Those included in Article 496, observing their provisions on these appointments;

II. Minors emancipated by marriage, as provided in Section II of Article 643.

Article 625 .- The curator of all other individuals subject to guardianship shall be appointed by the judge.

Article 626 .- The conservator is required:

I.  To defend the rights of the disabled in or out of it only if they are in opposition to the guardian;

II.  To monitor the conduct of the guardian and the judge to inform all  what we believe might be harmful to the disabled;

III. A notice to the judge to make the appointment of a guardian when it should fail or forsake guardianship;

IV. To fulfill other obligations that the law indicates.

Article  627 .- The conservator who do not complete the duties prescribed in Article above, be liable for any damages that may result to  disabled.

Article  628 .- The functions of the guardian cease when the disability leave  protection, but if only people variaren tutors, the continue curating curator.

Article 629 .- The conservator is entitled to be released from conservatorship last ten years since it was assigned.

Article  630 .- In cases in which under this Code having to intervene the curator, says the fee will be charged the fee to prosecutors, but for no other reason to expect greater retribution. If we make any expenditures in the performance of his duties, is will pay.

CHAPTER XV

Local Councils Probate Judges and pupillary

Article  631 .- Each delegation will have a Board composed of local guardianship  Chairman and two members, that will last a year in the exercise of held, shall be appointed by the Head of District Federal or whom he authorizes to that effect or by the delegates, according to the case, in January of each year, ensuring that the appointments relapse in people that are notable and have good manners  interest in protecting the underprivileged children.

The  Board members will not cease to function even when after the term for which they were appointed to take possession of persons who have been appointed to the following period.

Article  632 .- The Local Council of Wards is a monitoring body and information, in addition to the duties expressly assigned several of the preceding articles have the following obligations:

I.  Form and refer family judges a list of people the town which, by their legal and moral fitness, may play protection, so that between them appoint guardians and conservators in  cases these appointments for the court;

II.  To ensure that guardians fulfill their duties, especially in refers to the education of children, giving notice to the Judge of Family faults or omissions notare;

III.  Notify the Family Court judge if he is aware that property of an incapacitated person are in danger, in order to dictate measures;

IV.  Investigate and notify the judge of how familiar disabled no guardian, in order to make the respective appointments;

V. With specialty care that tutors meet the obligation under Section II of Article 537;

VI. Guardianship Monitor registration, to be taken in due form.

Article  633 .- The family judges are the authorities responsible only intervene in matters relating to guardianship. Sobrevigilancia exert on all the acts of the guardian to prevent, through appropriate arrangements, the transgression of their duties.

Article  634 .- While named guardian, the Family Court judge must issue measures necessary for the disabled do not suffer damage in their person or in their interests.

CHAPTER XVI

State Ban

Article  635 .- The void all acts of administration performed and contracts for the disabled, without the authorization of guardian, except as provided in Section IV of Article 537.

Article  636 .- The acts also null and contract management concluded by emancipated minors, is contrary to restrictions established by Article 643.

Article  637 .- The nullity referred to previous articles, only  be claimed either as an action, either as an exception, the same disabled or their legitimate representatives, but not by people they hired, nor the guarantors have been given to become the obligation or by the joint on them.

Article  638 .- The proceedings seeking the annulment, provides in terms that  actions prescribed personal or real, depending on the nature of measure the annulment is sought.

Article  639 .- Minors can not argue the invalidity of that spoken by  Articles 635 and 636, the obligations which they have incurred on matters within the profession or art that they are experts.

Article  640 .- can not claim the children, whether they have false certificates of civil status to masquerade as major or  have indicated that they were fraudulently.

TENTH TITLE

The Emancipation and the older age

CHAPTER I

The Emancipation

Article  641 .- The marriage of less than eighteen years of law produces the emancipation. Although marriage is dissolved, the spouse emancipated whichever is less, will not fall in custody.

Article 642 .- (Repealed).

Article 643 .- The emancipated has the freedom to administer their property, but it always needs during his minority:

I. Judicial authorization for the alienation, encumbrance or mortgage of real estate.

II. Of a guardian for judicial business.

Article 644 .- (Repealed).

Article 645 .- (Repealed).

CHAPTER II

Of majority

Article 646 .- The older begins at eighteen years.

Article 647 .- An adult freely dispose of his person and his property.

ELEVENTH TITLE

Foes of the Absent

CHAPTER I

Provisional Measures in Case of Absence

Article  648 .-, that he absented from their place of ordinary residence and  hath taken hold in place before or after his departure, will be present for all civil purposes, and businesses may be dealing with the attorney to the extent of power.

Article  649 .- When a person is gone and ignore where may be and on its behalf, the judge, ex parte or office, appoint a receiver of its assets, cited by edicts published in leading newspapers of his last residence, this signal for a term not be less than three months,  or pass six, and issue the necessary steps to ensure property.

Article  650 .- At the edicts published copy sent to the Mexican consuls  those overseas locations where it can be assumed that is the absent or who have heard of him.

Article  651 .- If the absentee has minor children under their homeland power, and no ancestors to be exercised according to law, or testamentary guardian, or legitimate, prosecutors asked to  guardian name, in the manner prescribed in Articles 496 and 497.

Article 652 .- The duties and powers of the depository will be assigned by law to the court repositories.

Article 653 .- The depositary shall appoint:

I. The spouse of the absentee;

II. One of the adult children residing in the place. If there are several, the judge will choose the fittest;

III. When ascending to the nearest degree absent;

IV.  In the absence of, or when they inconvenience by notorious for their misconduct or incompetence, are appointed trustees, the judge will appoint the heir presumptive, and if several are observe what is stated in Article 659.

Article  654 .- If you met the end of the call, the summoned fails to appear  itself or by proxy legitimate, or through a guardian or relative that can represent, shall be appointed as representative.

Article  655 .- The same shall apply in similar circumstances when expires power conferred by the absent or insufficient to the case.

Article  656 .- It has action to request the appointment of the depositary or representative, the public prosecutor, or anyone who are interested dealing with the absent or litigate or defend its interests.

Article 657 .- The appointment of representatives to follow the order laid down in Article 653.

Article  658 .- If the absent spouse is married in second or subsequent wedding and marriage or any children of previous marriages, the Judge shall provide that the spouse present and children of the marriage or previous marriages, or their legitimate representatives in their case, appointed under the depositary agent; But if it be comply, the judge may freely appoint, from among persons designated by the preceding article.

Article  659 .- In the absence of a spouse, descendants and ascendants shall be representative of the heir presumptive. If there are several equally right to elect themselves to represent him. If they do not  agree on the choice, will the judge, preferring to have more interest in preserving the property of the absentee.

Article  660 .- The representative of the absent is the rightful administrator of the his property and has about them, the same obligations powers and restrictions as tutors.

Not  enter the administration of the property without first forming inventory and appraisal of them, and if within the period for a month provides for the deposit, it shall appoint another representative.

Article  661 .- The representative of the absent enjoy the same pay that  tutors indicated in articles 585, 586 and 587.

Article 662 .- may not be representative of an absent, which can not be guardians.

Article 663 .- You can excuse those who can do the guardianship.

Article 664 .- It will be removed from office representative, who should be the guardian.

Article 665 .- The representative office ends:

I. With the return of the absentee;

II. By presenting the legal guardian;

III. With the death of the absentee;

IV. With provisional possession.

Article  666 .- Each year, the day that corresponds to that in which he has been appointed representative, issued new edicts calling absent. They contain the name and address of the representative, and time remaining before the deadline that indicate the Articles 669 and 670 in your case.

Article  667 .- Those notices will be posted for two months, with an interval of fifteen days in the major newspapers of the last domicile of the absentee and be sent to the consuls, as provided in Article 650.

Article  668 .- The representative is obliged to promote the publication of edicts. Failure to comply with this obligation the responsibility representative of the damages that follow the absent, and legitimate cause for removal.

CHAPTER II

Declaration of Absence

Article  669 .- After two years from the date on which it is named representative, will be action to seek a declaration of absence.

Article  670 .- In the case of the absentee or appointed guardian has left general administration of his property can not be ordered declaration of absence, but after three years, counting from the  disappearance of the absentee, if not in this period we had no hearing, or the date on which they have been the last.

Article 671 .- The provisions of the preceding Article shall be observed even when the power is conferred by more than three years.

Article  672 .- After two years, to be counted as intended in the Article 670, the Public Prosecutor and the person appointed by the following article, they may ask the attorney to ensure, in same terms as the representative should do. If not done, representative be appointed in accordance with Articles 657, 658 and 659.

Article 673 .- You can apply for a declaration of absence:

I. The alleged heirs of the absent;

II. The heirs instituted in a will open;

III. Those who have any right or liability dependent on life, death, or presence of the absent and

IV. The Public Ministry.

Article  674 .- If the judge finds founded demand, arrange for published for three months, with intervals of fifteen days in Official Newspaper appropriate, and the last major domicile of the absentee, and sent to the consuls, according to Article 650.

Article  675 .- After four months from the date of the last publication, if there is no news of missing or opposition of any interested party, judge declared in a manner absence.

Article  676 .- If there is any news or opposition, the judge will not declare absence without repeating the publications provided for in Article 674, and to the inquiry by the media that the opponent proposes, and the  that the judge sees fit.

Article  677 .- The declaration of absence shall be published three times in the newspapers mentioned Two weeks later, referring to  consuls and is prevented on the edicts. Both publications will be repeated every two years until he is declared presumption of death.

Article  678 .- The failure to rule on the trial of statement absence, will have the resources to assign the Code of Procedure for businesses of interest.

CHAPTER III

Effects of the Declaration of Absence

Article  679 .- Declared absence, if any public or holographic will, the person in whose possession it is submitted to the judge within fifteen days, counted from the last publication speaks Article 677.

Article  680 .- The judge, ex officio or at the request of any establishment interested in the holographic will, it will open in the presence of representative of the absent, with citation of that promoted declaration of absence and other formalities required for opening of this kind of testament.

Article  681 .- The testamentary heirs, and failing that, any person who was legitimate at the time of the disappearance of a missing, or the time when  have received the latest news, if you have standing to administer, be placed in provisional possession of the property, giving security guaranteeing that the result of the administration. If were under the custody or guardianship, shall be in accordance with right.

Article  682 .- If there are several heirs comfortable support and property division  each party to administer the appropriate.

Article  683 .- If the goods do not support a convenient division, the heirs choose from among themselves a general manager, and if not reach an agreement, the court will appoint, chosen from the same heirs.

Article  684 .- If a portion of the assets to be comfortable and a non-divisible,  respect thereof, shall be appointed general manager.

Article  685 .- The heirs who do not administer may appoint a receiver, that have the powers and obligations outlined the curators. Its fee shall be that set those who appoint and pay for them.

Article  686 .- The coming into provisional possession, shall, with respect to goods, the same duties, powers and restrictions as guardians.

Article 687 .- In the case of Article 682, each heir will guarantee that corresponds to the portion of assets managed.

Article 688 .- In the case of Article 683, the general manager who will give legal security.

Article  689 .- The devisees, grantees, and all who are on Absentee property rights that depend on the presence of death or it may be exercised, giving the security shall, according to the Article 528.

Article  690 .- The relationship they have with the absent obligations to be cease at his death, may also suspend its performance under  the same guarantee.

Article  691 .- If it can not be prevented by ensuring the five items earlier, the judge, according to the circumstances of people and property, and giving the period specified in Article 631, may reduce the amount of it, but so as not to lose the third of the values ​​mentioned in Article 528.

Article 692 .- Until the expressed warranty is given, will not stop the administration of the agent.

Article 693 .- are not obliged to give a guarantee:

I.  The spouse, descendants and ascendants as heirs to come into possession of the property of the absentee, by the party in them appropriate;

II.  The ascendancy in the exercise of parental authority administers property  that as heirs of the absent correspond to their descendants.

If  any legatees, spouses, descendants and ascendants will the legal guarantee by the party of goods corresponding to legatees, if there is no division or general manager.

Article  694 .- Those who come into possession are entitled to request provisional  accountable to the representative of the absent and this will deliver the goods and  accounts in the manner prescribed in Chapters XII and XIV Title IX of this Book. The period laid down in Article 602, is counted from the day the heir has been declared eligible  the said office.

Article  695 .- If the absence of declaration is not filed heirs the absent, the prosecution asked, or continued representative, or the choice of another in the name of the Treasury Public into provisional possession, according to articles above.

Article  696 .- Dead which has obtained provisional possession, will happen  his heirs in the part he has returned, under the same equal conditions and guarantees.

Article  697 .- If the absentee is present or test their existence before be declared a presumption of death, recover their property. Those who have  had provisional possession, make all the fruits their industrial production have made those goods and half of natural and civil fruits.

CHAPTER IV

Administration of Property of Married Away

Article  698 .- The declaration of absence interrupts the conjugal partnership, to less than that in the marriage has been stipulated that continue.

Article  699 .- Declared absence, will proceed with the citation presumptive heirs, the inventory of assets and the separation of which must correspond to the absent spouse.

Article  700 .- The course will present spouse the assets that correspond to the day the declaration of absence caused  execution. Such property may dispose of freely.

Article 701 .- The property of the absentee will be delivered to your heirs in the manner prescribed in the previous chapter.

Article  702 .- In the case provided for in Article 697, if the spouse present enters into possession as heir interim be observed that this article provides.

Article 703 .- If this be not the spouse heir hath not own property, have the right to food.

Article 704 .- If the absent spouse returns or proves its existence, will be restored a couple.

CHAPTER V

Presumption of Death of Missing

Article  705 .- After the expiry of 6 years since the declaration of absence, the judge at the request of an interested party, declare the presumption of death.

Respect  individuals who have gone to take part in a war, or  for being on board a vessel wrecked, or to verify a  like flood or other casualty, simply have elapsed two years has elapsed since his disappearance, which determine the declaration of presumption of death, but in these cases is necessary to previously declare his absence, but will be taken provisional measures authorized by Chapter I of this Title.

When  the disappearance is a result of fire, explosion, earthquake or air or rail disaster, and there founded assumption that disappeared was in the scene or disaster, sufficient within six months, from the tragic event for the family court judge declared the assumption  death. In these cases, the judge agreed to the publication of the application  declaration of presumed death, at no cost and up three times during the procedure, which in no case exceed thirty days.

Article  706 .- Upon the declaration of presumption of death will open the testament of absent, if not already published under Article 680, the Interim owners will realize its administration in manner prescribed in Article 694, and the heirs and other stakeholders will take final possession of the property without warranty. Which by law has been accorded will be canceled.

Article  707 .- If you get to prove the death of the absentee, the inheritance is defers to those who should inherit it at the time but the keeper or Holders of the estate, when made, are reserved fruits for the period of provisional possession of accordance with Article 697, and all of them, since got the final possession.

Article  708 .- If the absentee is submitted or is proved to exist after  granted final possession, recover their property in the state they may be, the price of the insane, or that may have been acquired with the same price, but not fruits or income can claim.

Article  709 .- When absence of declaration of presumption of death or  a person's assets have been enforced to that will or without it is deemed to be inherited, and are filed after others claiming that they should be preferred in the inheritance, and so is declared enforceable by a court to cause the delivery of goods they will be made on the same terms that, under Articles 697 and  708, should be done away if it occurred.

Article  710 .- final holders will realize the absent and their heirs. The legal term will run from the day the first This by itself or by proxy legitimate, or from one in which executory sentence is deferred inheritance.

Article 711 .- The final possession ended:

I. With the return of the absentee;

II. With the certain knowledge of its existence;

III. With the certainty of death;

IV. With the statement that causes execution, in the case of Article 709.

Article  712 .- In the second case the previous article, the holders final will be considered as provisional since the day that  becomes aware of the existence of some absent.

Article 713 .- The statement declaring the presumed death of an absent married, terminates a couple.

Article 714 .- In the case under Article 703, the spouse is only entitled to food.

CHAPTER VI

Effects of Absence Rights for Absentee Possible

Article  715 .- Anyone who claims a law relating to a person whose existence is not recognized, must prove that this person lived in the time when its existence was necessary to acquire that right.

Article  716 .- If defers an inheritance which is called an individual declared absent or in which has made the declaration presumption of death enter into it only those to be heirs of him or by his lack happen, but should make inventory as the goods they receive.

Article  717 .- In this case, the heirs or successors shall be considered as interim or final owners of the property by inheritance  should correspond to the missing, according to the time when the inheritance defiera.

Article  718 .- The provisions of the previous two articles, should be without  prejudice to any petition of inheritance and other rights that they may exercise the absentee, his representatives, creditors legatees, and shall not be extinguished but over time set for the prescription.

Article  719 .- Those who have entered into the inheritance will own the fruits received in good faith, while the absentee does not appear, his actions not be exercised by their representatives, or which contract or  any other cause him to have legal relationships.

CHAPTER VII

General Provisions

Article  720 .- The representative and interim and final holders in  their cases, have the legitimate enforcement of the absent trial and beyond.

Article 721 .- Because of absence are not suspended the terms established by law for the prescription.

Article  722 .- The Attorney General shall ensure the interests of the absentee, will heard in all proceedings that relate to it, and the declarations of absence and presumed death.

PART TWELVE

Family Heritage

CHAPTER ONE

Article 723 .- The purpose of the family patrimony:

I. The family room home;

II. In some cases, a cultivable plot.

Article  724 .- The constitution of the family patrimony does not pass ownership of property that he left people's emotions, it is a  family members benefiting. These are only entitled to enjoy such property, in accordance with the following article.

Article  725 .- are entitled to live in the house and enjoy the fruits of the plot affects the family estate of the spouse who is and people who have to provide food. This right is transferable, but must take into account the provisions Article 740.

Article  726 .- The beneficiaries of the property subject to the estate of family will be represented in their dealings with others in all that heritage is concerned, for which I was, and failing that,  by which name the majority.

The representative will also have the administration of such property.

Article  727 .- The property subject to the estate of the family are inalienable and  not subject to seizure or any charge.

Article  728 .- You can only become the property of the family property situated in the place of domicile which constitute it.

Article  729 .- Each family can only be an asset. Those who subsisting constitute the first, will not produce any legal effect.

Article  730 .- The maximum value of the goods concerned family patrimony,  under Article 723, shall be the amount obtained by multiplying by 3650 the amount of the minimum daily wage in force in the Federal District, at the time of the establishment of equity.

Article  731 .- The family member who wants to be the patrimony, state in writing the judge of his domicile, denoting that accurately and that may be registered in the Public goods will be affected.

Also, verify the following:

I. That is of legal age or is emancipated;

II. That is resident in the place where you want to be the heritage;

III.  The existence of the family to whom it will be the heritage. Proof of family ties will be done with certified copies of vital records;

IV.  Constituent-owned property for the heritage, and who do not report taxes out of the easements;

V. That the value of assets that will constitute the assets does not exceed specified in Article 730.

Article  732 .- If the conditions are filled in the previous article,  Judge, subject to the procedures established by the Code of the matter, adopt the constitution of family patrimony and send that are made corresponding entries in the Public Registry.

Article  733 .- When the value of the property subject to the estate of the family  less than the maximum set in Article 730, may be extended assets up to that value. The extension is subject to the same procedure for the constitution set the Code field.

Article  734 .- Persons entitled to enjoy the heritage of family referred to in Article 725, as well as the guardian of creditors incapable food, relatives of the debtor or the prosecution court may require the constitution of family patrimony to the values ​​laid down in Article 730, without invoke a cause. In the constitution of this heritage is observed  in leading the provisions of sections 731 and 732.

Article  735 .- In order to promote the formation of the heritage of family, will be sold to people who have legal capacity to constitute and want to do it, the real property that stated below:

I.  The land belonging to the Federal Government or the Government of Federal District which are not intended to be a public service or common use;

II.  The land the Government acquires by expropriation under subsection c) of the eleventh paragraph of Article 27 of the Constitution Policy of the United Mexican States;

III.  The land acquired for the Government to invest in training heritage of the families who have few resources.

Article  736 .- The price of the land referred to in Section II of preceding article shall be paid in the manner provided in subsection d) eleventh paragraph of Article 27 of the Constitution of the United Mexican States.

In  cases provided in sections I and III of the preceding article,  authority shall determine the form and selling the deadline to be paid the price of goods sold, taking into account the capacity economic buyer.

Article  737 .- Whoever wishes to be the heritage of the family class goods mentioned in Article 735, in addition to meeting the requirements  required by Sections I, II and III of Article 731, whether:

I. That is Mexican;

II. His aptitude or family members to play a trade, profession, industry or commerce;

III. He or his family have the instruments and other items necessary to practice the occupation they are engaged;

IV.  The average income, so that it can be calculated with chances of success, the ability to pay the price of land  being sold;

V.  That no assets. If you have legitimate interests shows that who was the estate owned real estate to form shall be declared invalid on the constitution of the estate.

Article  738 .- The constitution of the assets mentioned in Article 735, is subject to the administrative regulations that set concerned. Approved the establishment of heritage, the saying that  available to the end of Article 732.

Article 739 .- The constitution of the family patrimony can not be done in fraud of creditors.

Article  740 .- Consisting of the family heritage, it is obliged  dwelling house and cultivate plot. The first authority municipal place where the property can be made by just cause, authorize to be given in letting or up to one year.

Article 741 .- The family estate is extinguished:

I. When all beneficiaries cease to be entitled to collect food;

II.  When the family without just cause to stop living for a year house must serve a dwelling or farm on their own and two consecutive years, the parcel will be annexed;

III. Where it is proved that there is great necessity or evident utility to the family, the estate will be extinguished;

IV. When the public interest be expropriated assets that form;

V.  Where, for heritage formed with the goods sold by the authorities mentioned in Article 735, is adjudged  void or rescinded the sale of those goods.

Article  742 .- The declaration that the estate is extinguished will be made by judge by the procedure laid down in the Code concerned and inform the public registry that are made cancellation.

When  the estate is terminated by reason provided for in section IV of preceding article, made the expropriation, the heritage is extinguished without a judicial finding must be made in the  Record the cancellation to proceed.

Article  743 .- The price of the property expropriated and compensation from the insurance payment as a result of the loss suffered by  the property subject to homestead, shall be deposited in a and loan institution in the town, not having, in a house notorious trade credit, to be devoted to the creation of a new heritage of the family. For a year can not be attached the price and the amount of deposit insurance.

If  the owner of the property is not sold within six months, members of the family referred to in Article 725,  legally entitled to require the establishment of the heritage familiar.

After  a year since the deposit was made, without any promoted constitution of the estate, the amount deposited will be delivered to owner of the property.

In  cases of extreme necessity or evident utility, can the Judge authorize the owner of the tank to dispose of it before the year progresses.

Article 744 .- You can decrease the heritage of the family:

I. Where it is proved that its decline is of great necessity or evident utility to the family;

II.  When the family estate after his causes constitution, exceeded by more than one hundred percent the maximum  may have under Article 730.

Article 745 .- The Public Ministry will be heard in the extinction and the reduction of family heritage.

Article  746 .- Extinct family wealth, property that were back to full ownership of what was, or spend their heirs if he died.