Commercial Code of Mexico - Second Book General Trade First Title Acts of Trade and Commercial Contracts in General Chapter I Acts of Trade
COMERCIAL CODE OF MEXICO
SECOND BOOK
General Trade
FIRST TITLE
Acts of Trade and Commercial Contracts in General
CHAPTER I
Acts of Trade
I. - All acquisitions, disposals and leases for the purpose of speculation verified commercial, maintenance, articles, furniture or goods, whether in natural state, either after work or worked;
II .- Purchases and sales of property, when done with the purpose of commercial speculation;
III .- Purchases and sales of parts, shares and bonds of corporations;
IV .- The contracts and obligations of the credit or other instruments in trade flows;
V. - Supply companies and supplies;
VI .- Construction companies and public and private work;
VII .- The factories and manufacturing companies;
VIII .- Companies transports persons or goods, by land or water, and tourism companies;
IX .- Bookstores, and publishers and typographical errors;
X. Companies commissions, agencies, offices of commercial businesses, pawn shops and establishments of public auction sales;
XI .- Public entertainment companies;
XII .- Commercial operations committee;
XIII .- The operations of commercial business mediation;
XIV .- The operations of banks;
XV .- All contracts relating to maritime trade and shipping interior and exterior;
XVI .- The insurance contracts of all kinds, provided they are made by companies;
XVII .- Deposits due to trade;
XVIII .- Deposits in general stores and all operations on certificates of deposit and pledge bonds delivered by them;
XIX .- Checks, drafts or remittances of money from one place to another, among all kinds of people;
XX .- Vouchers or other securities to order or to bearer, and obligations of traders, unless it is proved that stem from a strange cause to trade;
XXI .- The mutual obligations of traders and bankers, if they are not essentially civil
XXII .- Contracts and obligations of employees of the merchants in regard to trade the trader who has them in his service;
XXIII .- The sale to the owner or breeder to make the products of his farm or his culture;
XXIV. The operations contained in the General Law of Credit Instruments and Operations;
XXV .- Any other acts similar in nature to those expressed in this code.
In case of doubt, the commercial nature of the act shall be determined by judicial discretion.
Article 76.- They are acts of commerce to purchase goods or merchandise for use or consumption, or your family, do traders, or resale, made by workers when they they be natural consequence of the practice of their craft.
CHAPTER II
Of Commercial Contracts in General
Article 77.- The convention produced no obligation or illicit action, although falling on trade transactions.
Article 78.- The convention obliges each business in the manner and terms that would appear to be bound, without commercial validity of the act depends on the observance of certain formalities or requirements.
Article 79.- An exception to the provisions of the preceding article:
I. - Contracts under this Code or other laws, be reduced to writing or required forms or formalities necessary for effectiveness;
II .- Contracts in foreign countries where the law requires scripts, forms or solemnities determined to be valid, although not required by Mexican law.
In either case, the contracts that do not meet the required conditions, respectively, there is no obligation or action in court.
Article 80.- Commercial agreements and contracts are held by mail, telegraph, or by using electronic, optical or other technology shall be complete from receipt of the acceptance of the proposal or the conditions under which it was modified.
Article 81.- With the modifications and restrictions of this Code shall apply to commercial acts of civil law provisions regarding the ability of the parties, and the exceptions and causes or invalidate the contracts rescinded.
Article 82.- Contracts Involving corridors shall be complete when the contractors sign the relevant minutes, in the manner prescribed in the respective title.
Article 83.- The term obligations who are not prefixed by the parties or by the provisions of this Code, shall be due within ten days after incurred, if nevertheless have only common stock, and the day he bear ready execution immediately.
Article 84.- In commercial contracts are not recognized terms of grace or courtesy, and all computations of days, months and years, means: twenty-four hour day, month, as are designated in the Gregorian calendar and the year of three hundred sixty-five days.
Article 85.- The effects of late compliance with trade obligations begin:
I. - In contracts that hath appointed day for compliance by the will of the parties or by law, the day after maturity;
II .- And those who have, from the day he claimed on the creditor to the debtor, or out of court before a notary and witnesses.
Article 86.- The commercial obligations be met in the location specified in the contract, or otherwise with him who, according to the nature of the business or the intention of the parties, should be considered suitable for the purpose by the consent of those or judicial discretion.
Article 87.- If the contract shall be determined very precisely the kind and quality of the goods to be delivered, the debtor can not be required other than the delivery of goods in kind and quality means.
Article 88.- In the commercial contract in which compensation has been fixed penalty against anyone who does not comply, the aggrieved party may enforce the contract or the prescribed penalty, but using one of these two actions, is terminated other.
TITLE TWO
E-Commerce
CHAPTER I
From the Data Messages
Article 89.- The provisions of this Title shall govern in all of Mexico in matters of commercial interest, notwithstanding the provisions of international treaties to which Mexico is party.
The activities regulated by this Part shall be in their interpretation and application of the principles of technological neutrality, autonomy, international compatibility and functional equivalence of data messages in relation to information documented in non-electronic and electronic signatures in relation to the signature.
In commercial transactions and the formation of these may be used the electronic, optical or other technology. For purposes of this Code should take into account the following definitions:
Certificate: All data message or other record confirming the link between a signatory and signature creation data electronics.
Signature Creation Data Electronics: These are unique data such as codes or private cryptographic keys, the signer generates secret and used to create your electronic signature in order to achieve the link between such electronic signature and the signer.
Recipient: The person designated by the Issuer to receive the data message, but is not acting as an intermediary with respect to that message.
Issuer: Any person who, in light of data message, acted on his own behalf or on whose behalf the message sent or generated before it is filed, if this is the case, but has not acted as an intermediary.
Electronic Signature: The data in electronic form in a data message, affixed to or logically associated with any technology that is used to identify the signatory in relation to the data message and indicate that the signer approves the information contained in the message data, and produces the same legal effect as handwritten signatures, be admissible as evidence at trial.
Advanced Electronic Signature and Reliable: Electronic signature that meets the requirements of sections I to IV of Article 97.
In those provisions relating to Digital Signature, it will be considered as a kind of electronic signature.
Signatory: The person who owns the data of the signature creation and acts in its own name or the person it represents.
Intermediary: In relation to a particular data message, means a person acting on behalf of another person, sends, receives or stores that data message or provides other services with respect to it.
Data Message: The information generated, sent, received or stored by electronic, optical or other technology.
Relying Party: The person who, whether or not the recipient acts on the basis of a certificate or an electronic signature.
Certification Service Provider: The person or public institution that provides services related to electronic signatures and issuing the Certificates, if any.
Secretariat: Means the Secretariat of Economy.
Information System: It means a system for generating, sending, receiving, storing or otherwise processing data messages.
Certificate Holder: Means the person on whose behalf the certificate was granted.
Article 89 bis.- Not be denied legal effect, validity or enforceability of any information for the sole reason that it is contained in a data message.
Article 90.- It is presumed that a data message is that the Issuer if it was sent:
I. By the issuer;
II. Using methods of identification such as passwords or passwords of the Issuer or any person authorized to act on behalf of the Issuer in respect of that data message or
III. For an information system programmed by the Issuer or on your behalf to operate automatically.
Article 90 bis.- It is presumed that a data message has been sent by the Issuer and, therefore, the recipient or relying party, if any, may act accordingly, if:
I. Has properly applied the procedure previously agreed with the Issuer, in order to establish that the data message actually came of it, or
II. The data message received by the recipient or relying party, resulting from the actions of a intermediary that has given access to a method used by the Issuer to identify data messages as its own.
The provisions of this Article shall not apply:
I. From the moment the recipient or relying party, has been informed by the Issuer that the data message was not from this, and has had a reasonable time to act accordingly, or
II. From the moment the recipient or relying party, aware, or should have it, of having acted with reasonable care or used any agreed procedure, that the data message was not from the Issuer.
Unless proved otherwise and without prejudice to any other method of verifying the identity of the Issuer, shall be presumed to act with due diligence if the method used by the Recipient or Relying Party to comply with the requirements of this Code to verify the reliability of electronic signatures.
Article 91.- Unless otherwise agreed between the sender and receiver, the timing of receipt of a data message is determined as follows:
I. If the addressee has designated an information system for receiving data messages, it will take place at the time it enters the Information System;
II. From the data message sent to a Recipient Information System that is not the designated information system, or you have not designated an information system at the time the recipient to recover the data message, or
III. If the addressee has not designated an information system, receipt occurs when the data message enters an information system of the recipient.
The provisions of this article shall apply even if the information system is located in a place different from where has the received data message in accordance with Article 94.
Article 91 bis.- Unless otherwise agreed between the sender and receiver, the data message is deemed to be dispatched when entering an information system that is not under the control of the Issuer or the Intermediary.
Article 92.- With regard to receipt of data messages, it will be as follows:
I. If sending or before sending a data message, the Issuer requests or agrees that the recipient acknowledges receipt of data messages, but has not been agreed between them one way or method to make it, acknowledgment may be given by:
a) Any communication by the addressee, automated or not,
b) Every act of the addressee, sufficient to indicate that the Issuer has received the data message.
II. When the Issuer has indicated that the effects of data message is conditional on receipt of an acknowledgment, is considered the data message has been sent while it has not received an acknowledgment within the time allowed by the Issuer or within a reasonable time given the nature of the business, from the time of sending the data message;
III. When the Issuer has requested or agreed with the addressee that acknowledges receipt of data messages, regardless of form or method to make it, unless:
a) The Issuer has not expressly indicated that the effects of message data are subject to receipt of the acknowledgment, and
b) Not received an acknowledgment within the requested or agreed or, failing that, within a reasonable time given the nature of the business.
The Issuer may give notice to the Recipient has not received the return receipt requested or agreed and set a new deadline for receipt reasonable, counted from the date of this notice. When the sender receives acknowledgment from the recipient, it is presumed that received the message data;
IV. When an acknowledgment indicating that the received data message complies with the agreed technical requirements or established in law, it is presumed that this is so.
Article 93.- Where the law requires written form for the acts, agreements or contracts, this case shall be considered fulfilled for data messages, provided that the information contained herein remains full and is accessible for subsequent reference, regardless of the format which is or represents.
When additionally the law requires a signature of the parties, this requirement shall be fulfilled for data messages, provided that it is attributable to such parties.
In cases prescribed by law as a legal requirement that an instrument must be granted before a notary public, the public and the parties bound may, through data messages express the exact terms in which the parties have agreed to be bound, in which If the notary public shall record in the instrument itself the elements through which these messages are allocated to parties under their guard and keep a full version of the same for subsequent reference, giving the instrument in accordance with applicable law that governs it.
Article 93 bis.- Without prejudice to Article 49 of this Code, when the law requires information to be presented or retained in its original form, that requirement is satisfied as a data message:
I. If there is no guarantee at all that it has preserved the integrity of information, from the time they are first generated in its final form as a data message or otherwise, and
II. Required that information be presented, that information can be displayed to the person to be provided.
For purposes of this Article, the content of a data message is trustworthy if it has remained complete and unaltered regardless of the changes that have suffered any medium that contains the result of the communication process, storage and display. The degree of reliability required shall be determined in accordance with the purposes for which the information was generated and all the relevant circumstances.
Article 94.- Unless otherwise agreed between the sender and receiver, the data message is to be dispatched at the place where the Issuer has its place and received at the place where the addressee has his. For the purposes of this Article:
I. If the Issuer or the addressee has more than one place, your place of business is to keep a closer relationship with the underlying transaction or, where there is no underlying transaction, principal, and
II. If the Issuer or the addressee does not have establishment will be made to his habitual residence.
Article 95.- Under Article 90, provided it is that the data message is that the Issuer or the recipient is entitled to act on this assumption, the recipient is entitled to regard the data message received as I wanted to send the initiator, and may proceed accordingly. The Recipient will not enjoy this right if he knew or should have known, had acted with due diligence, or used any method previously agreed that the transmission resulted in an error in the data message received.
It is assumed that each data message received is a different data message unless the recipient knows or should know, having acted with due diligence, or used any method previously agreed that the new data message was doubled.
CHAPTER II
Signatures
Article 96.- The provisions of this Code shall be applied so as not to exclude, restrict or deprive of legal effect any method to create an electronic signature.
Article 97.- Where the law requires or the parties agree that there is a firm in connection with a data message, means satisfied this requirement if you use an electronic signature that is appropriate for the purposes for which it was generated or communicated the data message.
The electronic signature is considered reliable if it meets Advanced or at least the following requirements:
I. Data signature creation, in the context they are used, linked exclusively to the signatory;
II. Data signature creation were, at the time of signing, under the exclusive control of the signer;
III. Is any alteration of the electronic signature made after the time of signature, and
IV. Regarding the completeness of the information of a data message is any alteration thereof made after the time of signing.
The provisions of this Article shall be without prejudice to the possibility that any person proves otherwise the reliability of an electronic signature, or present evidence that an electronic signature is reliable.
Article 98.- The Certification Service Providers determined and made known to users whether or advanced electronic signatures offer reliable or not they meet the requirements set forth in sections I to IV of Article 97.
The determination made pursuant to the preceding paragraph shall be consistent with recognized international norms and standards.
The provisions of this Article shall be without prejudice to the rules of private international law.
Article 99.- The signer must:
I. Fulfil the obligations arising from the use of electronic signatures;
II. Diligence and establish reasonable means to prevent unauthorized use of the data signature creation;
III. When a certificate is used in connection with an electronic signature act with reasonable care to ensure that all representations made in connection with the Certificate, with its effect, or have been contained therein, are accurate.
The signer is responsible for the legal consequences arising for failure to comply timely obligations under this Article,
IV. Answer for the obligations arising from unauthorized use of your signature, if not done any due diligence to prevent their use, unless the recipient seised of the insecurity of electronic signature or not acted with due diligence.
CHAPTER III
Of Certification Service Providers
Article 100.- Providers may be Certification prior accreditation to the Secretariat:
I. Notaries public and public corridors;
II. The corporations are private, and
III. Public institutions, under the laws applicable to them.
The authority to issue Certificates entails no public faith by itself, and public notaries and brokers may conduct involving certificates or public faith in paper documents, electronic files, or any other means or substance in which information can be included.
Article 101.- The Certification Service Providers who are referred to in Section II of the preceding Article shall include in its objects the following activities:
I. Verify the identity of users and their links to electronic means of identification;
II. Check the integrity and adequacy of the data message of the applicant and verify electronic signatures of those conducting the verification;
III. Carry out searches of the elements of identification of the Covenanters and that information that we have verified the reliability performance of advanced electronic signatures and issuing the Certificate, and
IV. Any other activity not inconsistent with the above.
Article 102.- The Certification Service Providers who have obtained accreditation from the Secretariat shall notify it of the initiation of the provision of certification within 45 calendar days following the commencement of such activity.
A) For the persons referred to in Article 100 may be Service Providers Certification, accreditation is required of the Secretariat, which shall not be denied if the applicant meets the following requirements, with the understanding that the Ministry may require Providers Certification Services to check compliance with the survival of the same:
I. To request the Secretariat for accreditation as a Certification Service Provider;
II. Having the human elements, material, financial and technological resources required to deliver the service, in order to ensure information security and confidentiality;
III. Having defined and specific procedures for processing the certificate, and measures to ensure the seriousness of the Certificates issued, maintenance and consultation of the records;
IV. Those who operate or have access to the systems of certification of Certification Service Providers shall not have been convicted of any crime against persons or property that has deserved a custodial sentence, or for any reason were ineligible for exercise of their profession, to perform a public service position in the financial system or to engage in commerce;
V. Have effect for the bail amount and conditions to be determined in general terms in the general rules to that effect issued by the Secretariat;
VI. Establish a written agreement to be subject to audit by the Secretariat and
VII. Register your certificate with the Secretary.
B) If the Secretary has not met regarding the applicant's request to be accredited in accordance with Article 100 above, within 45 days of filing, it shall be granted accreditation.
Article 103.- The responsibilities of the entities providing certification services shall be stipulated in the contract signatories.
Article 104.- The Certification Service Providers must meet the following requirements:
I. Check yes or through a person or entity acting on his behalf, the identity of applicants and any relevant circumstances for the issuance of certificates, using any means admitted in law, provided they are previously notified to the applicant;
II. To provide the signer generating devices Data Creation and verification of electronic signatures;
III. Report prior to the issuance of a Certificate, the person seeking its services, its price, the necessary conditions for the use of the Certificate in its limited use and, where appropriate, the way that guarantees potential liability;
IV. Keep a record of Certificates, which will record the issued and include those conditions which affect the suspension, termination or loss of life of its effects. A record that can be accessed by electronic, optical or other technology and public content is available to people who request it, the private content is available to the Recipient and the people who ask when authorized by the signer as well as in the cases concerning the general rules to be established by the Secretariat;
V. Maintain confidentiality regarding the information received for the provision of certification services;
VI. In the case of cease trading, the Certification Service Providers must notify the Secretariat in order to determine, pursuant to the provisions of the general rules issued, the destination will be to their records and archives;
VII. Ensure measures to prevent alteration of the Certificates and maintain the confidentiality of the data generation process of the creation data of the electronic signature;
VIII. Set statements about their policies and practices, which will make the user's knowledge and the recipient, and
IX. Provide means of access to enable the party to trust the certificate to determine:
a) The identity of the Certification Service Provider;
b) That Signer named in the certificate had control device and the data signature creation at the time of issue of the Certificate;
c) That creation data were valid Signature on the date of issue of the Certificate;
d) The method used to identify the signatory;
e) Any limitation on the purpose or value for which data can be used for signature creation or Certificate;
f) Any limitation on the scope or extent of liability stipulated by the Certification Service Provider;
g) If there is a way for the signatory to give notice to the Certification Services Provider of Data Creating the Firm have been somewhat controversial, and
h) If you offer a termination service life of the certificate.
Article 105.- The Secretariat will coordinate and act as a certification authority, and register, to providers of certification services provided for in this Chapter.
Article 106.- For the provision of certification services, financial institutions and companies who provide services related to ancillary or supplementary funds or securities transfers will be subject to the laws that regulate them, as well as the provisions and authorizations issued financial authorities .
Article 107.- Will be the responsibility of the Recipient and the Relying Party, where applicable, the legal consequences that have not taken reasonable steps to:
I. Verify the reliability of electronic signatures, or
II. When the electronic signature is supported by a Certificate:
a) Check, even immediately, the validity, suspension or revocation of the Certificate and
b) Note any restrictions on use contained in the Certificate.
Article 108.- Certificates to be considered valid, must contain:
I. The indication that the issue as such;
II. The unique identification code of the Certificate;
III. Identification of the Certification Service Provider issuing the Certificate, name, address, email address, if any, and details of accreditation to the Secretariat;
IV. Name of certificate holder;
V. Term of the Certificate;
VI. The date and time of transmission, suspension, and renewal of the Certificate;
VII. The scope of responsibilities assumed by the Service Provider Certification and
VIII. The reference of the technology used to create electronic signatures.
Article 109.- A Certificate shall cease to have effect for the future, in the following cases:
I. Expiry of the validity of the certificate, which shall not exceed two years, counted from the date they are issued. Before the end of the period of validity of the signer certificate may renew to the Certification Service Provider;
II. Revocation of the Certification Service Provider, at the request of the signatory or the person or entity represented by him or by an authorized third party;
III. Loss damage or disable the device which contains the Certificate;
IV. For having found that the time of issuance, the certificate did not meet the requirements of law, a situation that does not affect the rights of bona fide third parties, and
V. The court or competent authority to order it.
Article 110.- The Certification Service Provider who fails to comply with the obligations imposed by this Chapter, prior right to a hearing and by resolution duly founded and motivated, taking into account the gravity of the situation and recidivism may be sanctioned by the Secretariat temporary or permanent suspension of their functions. This procedure will take place according to the Federal Administrative Procedure Act.
Article 111.- The penalties outlined in this Chapter shall apply without prejudice to civil or criminal liability and penalties that apply to offenses that, if any, incurred by offenders.
Article 112.- Competent authorities shall make use of legal measures, including help from the police, to ensure implementation of sanctions and security measures that come under this law even in the procedures in place may request the competent bodies the adoption of precautionary measures deemed necessary to ensure the effectiveness of the resolution that finally rendered.
Article 113.- In the event that a Certification Service Provider is suspended, disqualified or terminated in its exercise, the registration and issuing Certificates will, for administration to another Service Provider Certification, as it specifies that the Secretariat through general rules.
CHAPTER IV
Recognition of Foreign Certificates and Electronic Signatures
Article 114.- To determine whether a certificate or an electronic signature is legally effective aliens, or what extent, does not take into consideration any of the following circumstances:
I. The place where the Certificate has been issued or has been created or used electronic signature, and
II. The venue is the establishment of the Certification Service Provider or signatory.
A certificate issued outside of Mexico have the same legal effects as the same as a Certificate issued in Mexico if you have a degree of reliability equivalent to those provided by this Title.
An electronic signature created or used outside of Mexico have the same legal effects as the same as an electronic signature created or used in Mexico if you have an equivalent level of reliability.
In determining whether a certificate or an electronic signature equivalent degree of reliability for the purposes of the preceding two paragraphs shall be taken into consideration the international standards recognized by Mexico and other means of relevant conviction.
When, without prejudice to the preceding paragraphs, the parties agreed upon between the use of certain types of electronic signatures and certificates will be recognized that the agreement is sufficient for purposes of cross-border recognition, unless that agreement is not valid or effective under applicable law.
Article 115.- (Repealed).
Article 116.- (Repealed).
Article 117.- (Repealed).
Article 118.- (Repealed).
Article 119.- (Repealed).
Article 120.- (Repealed).
Article 121.- (Repealed).
Article 122.- (Repealed).
Article 123.- (Repealed).
Article 124.- (Repealed).
Article 125.- (Repealed).
Article 126.- (Repealed).
Article 127.- (Repealed).
Article 128.- (Repealed).
Article 129.- (Repealed).
Article 130.- (Repealed).
Article 131.- (Repealed).
Article 132.- (Repealed).
Article 133.- (Repealed).
Article 134.- (Repealed).
Article 135.- (Repealed).
Article 136.- (Repealed).
Article 137.- (Repealed).
Article 138.- (Repealed).
Article 139.- (Repealed).
Article 140.- (Repealed).
Article 141.- (Repealed).
Article 142.- (Repealed).
Article 143.- (Repealed).
Article 144.- (Repealed).
Article 145.- (Repealed).
Article 146.- (Repealed).
Article 147.- (Repealed).
Article 148.- (Repealed).
Article 149.- (Repealed).
Article 150.- (Repealed).
Article 151.- (Repealed).
Article 152.- (Repealed).
Article 153.- (Repealed).
CHAPTER IV
From Simple Limited Partnership
(Repealed).
Article 154.- (Repealed).
Article 155.- (Repealed).
Article 156.- (Repealed).
Article 157.- (Repealed).
Article 158.- (Repealed).
Article 159.- (Repealed).
Article 160.- (Repealed).
Article 161.- (Repealed).
Article 162.- (Repealed).
CHAPTER V
Limited Company
(Repealed).
Article 163.- (Repealed).
Article 164.- (Repealed).
Article 165.- (Repealed).
Article 166.- (Repealed).
Article 167.- (Repealed).
Article 168.- (Repealed).
Article 169.- (Repealed).
Article 170.- (Repealed).
Article 171.- (Repealed).
Article 172.- (Repealed).
Article 173.- (Repealed).
Article 174.- (Repealed).
Article 175.- (Repealed).
Article 176.- (Repealed).
Article 177.- (Repealed).
Article 178.- (Repealed).
Article 179.- (Repealed).
Article 180.- (Repealed).
Article 181.- (Repealed).
Article 182.- (Repealed).
Article 183.- (Repealed).
Article 184.- (Repealed).
Article 185.- (Repealed).
Article 186.- (Repealed).
Article 187.- (Repealed).
Article 188.- (Repealed).
Article 189.- (Repealed).
Article 190.- (Repealed).
Article 191.- (Repealed).
Article 192.- (Repealed).
Article 193.- (Repealed).
Article 194.- (Repealed).
Article 195.- (Repealed).
Article 196.- (Repealed).
Article 197.- (Repealed).
Article 198.- (Repealed).
Article 199.- (Repealed).
Article 200.- (Repealed).
Article 201.- (Repealed).
Article 202.- (Repealed).
Article 203.- (Repealed).
Article 204.- (Repealed).
Article 205.- (Repealed).
Article 206.- (Repealed).
Article 207.- (Repealed).
Article 208.- (Repealed).
Article 209.- (Repealed).
Article 210.- (Repealed).
Article 211.- (Repealed).
Article 212.- (Repealed).
Article 213.- (Repealed).
Article 214.- (Repealed).
Article 215.- (Repealed).
Article 216.- (Repealed).
Article 217.- (Repealed).
Article 218.- (Repealed).
Article 219.- (Repealed).
Article 220.- (Repealed).
Article 221.- (Repealed).
Article 222.- (Repealed).
Article 223.- (Repealed).
Article 224.- (Repealed).
Article 225.- (Repealed).
CHAPTER VI
Of the Companies limited by shares
(Repealed).
Article 226.- (Repealed).
Article 227.- (Repealed).
Article 228.- (Repealed).
Article 229.- (Repealed).
Article 230.- (Repealed).
Article 231.- (Repealed).
Article 232.- (Repealed).
Article 233.- (Repealed).
Article 234.- (Repealed).
Article 235.- (Repealed).
Article 236.- (Repealed).
Article 237.- (Repealed).
CHAPTER VII
Cooperative Societies
(Repealed).
Article 238.- (Repealed).
Article 239.- (Repealed).
Article 240.- (Repealed).
Article 241.- (Repealed).
Article 242.- (Repealed).
Article 243.- (Repealed).
Article 244.- (Repealed).
Article 245.- (Repealed).
Article 246.- (Repealed).
Article 247.- (Repealed).
Section 248.- (Repealed).
Article 249.- (Repealed).
Article 250.- (Repealed).
Article 251.- (Repealed).
Article 252.- (Repealed).
Article 253.- (Repealed).
Article 254.- (Repealed).
Article 255.- (Repealed).
Article 256.- (Repealed).
Article 257.- (Repealed).
Article 258.- (Repealed).
Article 259.- (Repealed).
CHAPTER VIII
Fusion Societies
(Repealed).
Article 260.- (Repealed).
Article 261.- (Repealed).
Section 262.- (Repealed).
Article 263.- (Repealed).
Article 264.- (Repealed).
CHAPTER IX
Foreign companies
(Repealed).
Article 265.- (Repealed).
Article 266.- (Repealed).
Article 267.- (Repealed).
CHAPTER X
Associations
(Repealed).
Article 268.- (Repealed).
Article 269.- (Repealed).
Article 270.- (Repealed).
Article 271.- (Repealed).
CHAPTER XI
Criminal Provisions
(Repealed).
Article 272.- (Repealed).
THIRD TITLE
Trade Commission
CHAPTER I
Of Brokers
Article 273.- The term applied to the concrete acts of commerce, committee is deemed commercial. It gives you principal commercial commission and commission which the holds.
Article 274.- The commission, to perform their duties, need not be made public deed, posthumously being sufficient to receive written or verbal, but when you have been verbally is to be ratified in writing before the business end.
Article 275.- The commission is free to accept or reject the charge that is made by the client, but should refuse it, and notify you immediately, or by mail next day he received the commission if the customer does not reside in the place.
Article 276.- The commission to practice a custom performance management that made him the principal, is subject to continue it to completion, it being tacitly accepted the commission.
Article 277.- Although the Commission refused the commission but to be given will not be excused from practice the steps that are essential for the conservation need of the effects which the principal referred to it, until it provides the new manager, but by practicing these steps and implied acceptance of the commission.
Article 278.- When no legal grounds to notify the commission fails to refuse the commission, or serve expressly or tacitly accepted, the client will be responsible for any damage that befalls him why.
Article 279.- The broker can sell the effects that have been recorded, by two brokers, traders or two in their absence, previously certified the amount, quality and price of them:
I. - When the alleged value of the effects that have been recorded can not cover expenses to be disbursed for the transportation and receipt of them;
II .- Having been advised by the commission when the client who refuses the commission, the latter, after receiving such notice, fails to provide the new manager who receives any transmitted effects.
The proceeds of the effects and sold, will be available to the principal deposited in a credit institution, if any, or held by the person that otherwise designated by the judicial authority.
Article 280.- The commission should play alone orders it receives, and can not delegate without being authorized.
Under his responsibility may, in carrying out their commission, dependent on subordinate operations, which, as usual, entrusted to them.
Article 281.- In those committees whose fulfillment requires funding, the commission is not obligated to execute while the client does not make it in sufficient quantity, and may also suspend them when they have consumed that was received.
Article 282.- When the Commission undertakes to advance funds to carry out the commission is obliged to supply them, except in the case of insolvency or bankruptcy of the principal.
Article 283.- The commission, unless the contract is always between him and the principal, the Commission will be able to play in his own name or that of his principal.
Article 284.- When the Commission engaged in its own name will have action and obligation directly with the people they hire, without having to declare what the person's principal, except insurance.
Article 285.- When the commission will hire expressly on behalf of the client, not contract liability self-governed in this case their rights and obligations as a simple commercial agent, by the provisions of common law.
Article 286.- The commission, in the discharge of their duties shall be subject to instructions from the client, and in no case may proceed against the express provisions thereof.
Article 287.- As expected and not specifically prescribed by the client, the commission must consult, if permitted by the nature of business. If the consultation is not possible or is the agent authorized to act at will, do what prudence dictates, taking care of business as their own.
Article 288.- If an unforeseen accident doeth the opinion of the commission, bad execution of the instructions, may suspend performance of the commission shall so notify the principal by the quickest means possible.
Article 289.- The operations performed by the agent, in violation or excess of the order received, in addition to compensation for the principal for damages, will be at the option of ratifying or leave it by the commission.
Article 290.- The commission shall give timely notice to his principal, of all the facts or circumstances that may determine you to revoke or modify the order. Also pass it without delay in the execution of the request.
Section 29L.- The commission shall observe the provisions in laws and regulations regarding the negotiation which he was confident, and be responsible for the results of your breach or omission. If contravenes under express orders from the principal, the responsibilities that may apply will weigh on both.
Article 292.- Commission shall be borne by the grief of loss of cash or having in his possession by reason of the commission and by the principal, provided the remaining funds by returning the Commissioner notes that the instructions regarding the return.
Article 293.- The broker who, having received an order to evacuate funds, individual investors to give them, without prejudice to the criminal action that might arise and compensation for damages paid to the principal capital and its legal interest from the day you received.
Article 294.- Answer the commission of the effects and merchandise that receives the terms and conditions and qualities that will let you know the shipment, unless taking charge of them doeth recorded by the certification of two runners, two merchants or absence of these, faults or damage that such effects exist.
Article 295.- The commission agent who has in his possession goods or effects for others, responsible for its conservation in the state in which they were received. This responsibility shall cease when the destruction or impairment are due to acts of God, force majeure, over time, or vice of the thing.
In cases of partial or total loss by the passage of time or vice of the thing, the commission will be required to prove through the certification of two corridors, or else of two merchants, the impairment of the goods, putting, as soon as you notice, inform the principal.
Article 296.- The commission which has the purpose of referring to another point, you must arrange transportation to obligations imposed on the charger.
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