Federal Civil Code of Mexico New Code Published Book I Title I to Title V

FEDERAL CIVIL CODE OF MEXICO

New Code published in the Official Journal of the Federation in four parts on May 26 14 July 3 and August 31, 1928

CURRENT TEXT

Last reform published DOF 28/01/2010

The C. Constitutional President of the Republic has addressed to decree as follows:Calles Constitutional President of the United Mexican States, its people, you know:That use of the power he has graciously bestowed H. Congress by Decree of January 7 and December 6, 1926 and January 3, 1928, I hereby issue the following

FEDERAL CIVIL CODE

Preliminary Provisions

Article 1 .- The provisions of this Code shall apply throughout the Republic in matters of federal law.

Article 2 .- Legal capacity is the same for men and women, and consequently, she is not subject, by reason of their sex, to restrictions on the acquisition and exercise of their civil rights.

Article 3 .- Laws, regulations, circulars or any other general enforcement provisions, force and produce their effects three days after its publication in the Official Gazette.

In places other than where the Official Gazette is published for the laws, regulations, etc.. Shall be deemed published and are mandatory, we need also the deadline set above, within one day for each five miles away or fraction exceeding half.

Article 4 .- If the law, regulation, circular or provision of a general, set the day should begin to take effect, forces from that day, provided that its publication has been before.

Article 5 .- In any law or governmental order shall have retroactive effect to the detriment of any person.

Article 6 .- The willingness of individuals can not waive the enforcement of the law, or alter or modify. May be waived only private rights that do not directly affect the public interest, when the action would not prejudice third party rights.

Article 7 .- The waiver allowed in the previous section has no effect if done in clear and precise, so that no mistake of law that waiver.

Article 8 .- The acts carried out against the tenor of the prohibitory laws or public interest will be zero except in cases where the law otherwise.

Article 9 .- The law is abrogated or repealed only by a subsequent so declare expressly or totally or partially contains provisions inconsistent with prior law.

Article 10 .- Against law enforcement can not be claimed disuse, custom or practice to the contrary.

Article 11 .- The laws establishing an exception to the general rules do not apply to any case that is not expressly specified in the laws themselves.

Article 12 .- Mexican laws apply to all persons within the Republic and the acts and events occurring in its territory or jurisdiction and those who submit to such laws, except those providing for the application of foreign law and except also , the provisions in treaties and conventions to which Mexico is party.

Article 13 .- The determination of the duty is done according to the following rules:

I. Valid legal situations created in the entities of the Republic or in a foreign State under its law should be recognized;

II. The status and capacity of natural persons is governed by the law of his domicile;

III. The constitution, rules and termination of real rights over immovable property and leases and temporary use of such goods and chattels, shall be governed by the law of the place of its location, though the owners are foreigners;

IV. The shape of the legal acts are governed by the law of the place where they are held. They may however be subject to the forms prescribed in this Code if the act is to take effect in the Federal District or in the Republic case to federal matters, and

V. Except as provided in the preceding sections, the legal effects of acts and contracts shall be governed by the law of the place where to be executed, unless the parties have validly appointed the applicability of another right.

Article 14 .- In the application of foreign law will be observed the following:

I. Would apply as for the foreign court, for which the judge may gather the necessary information about the text, validity, meaning and legal scope of that right;

II. Substantive law applies abroad, unless the special circumstances of the case, be taken into account, exceptionally, of law rules of that right, to make substantive rules applicable Mexican or a third state;

III. Shall not preclude the application of foreign law, that Mexican law does not provide essential institutions and procedures applicable to the foreign institution, if any institutions or analogous proceedings;

IV. The Previous, preliminary or incidental damages arising in connection with a main issue to be resolved not necessarily agree with the law governing the latter, and

V. When several aspects of the same legal relationship are regulated by various laws, they will be applied harmoniously, ensuring the goals sought by each of these rights. The difficulties caused by the simultaneous application of these rights will be resolved taking into account the requirements of fairness in the case.

The provisions of this Article shall apply when the right to become applicable in another entity of the Federation.

Article 15 .- Not apply foreign law:

I. When you have been fraudulently evaded fundamental principles of Mexican law, the judge must determine the fraudulent intent of such evasion, and

II. Where the provisions of foreign law or the outcome of their application would be contrary to fundamental principles or institutions of public order in Mexico.

Article 16 .- The inhabitants of Mexico are required to exercise their activities and to use and dispose of their property in a manner that does not harm the community, under the penalties established in this Code and related laws.

Article 17 .- When one, exploiting the sum of ignorance, inexperience or notorious extreme misery of another, obtains a profiteering that is obviously disproportionate to what he undertakes for its part, the injured party is entitled to choose between demanding the annulment of the contract or equitable reduction its obligation, plus payment of the relevant damages.

The right granted in this article is one year.

Article 18 .- The silence, obscurity or insufficiency of the law, do not allow judges or courts to stop settling a dispute.

Article 19 .- The legal disputes of civil order must be resolved according to the letter of the law or legal interpretation. In the absence of law is resolved in accordance with general principles of law.

Article 20 .- When rights conflict, the absence of express law applicable, the dispute will be decided in favor of seeking to avoid harm and not in favor of intending to profit. If the conflict is between equal rights or of the same species, will be decided by looking at the greatest possible equality between the parties.

Article 21 .- Ignorance of the law is no excuse compliance, but the judges considering the notorious intellectual backwardness of some individuals, their departure from the roads or the miserable economic situation, may, if you agree to the Attorney General, exempt from penalties may be incurred by the lack of law enforcement to ignore, or, if possible, allow time for the meeting, provided that no case of laws that directly affect the public interest.

BOOK ONE

From People

FIRST TITLE

Of Individuals

Article 22 .- The legal capacity of natural persons is determined by birth and is lost by death, but from the moment an individual is conceived, it comes under the protection of the law and he is born for the purposes stated in this Code.

Article 23 .- The minority, the state of interdiction and other disabilities are determined by law, are legal restrictions that do not undermine the dignity or undermine the integrity of the family, but unable to exercise their rights or can get obligations through their representatives.

Article 24 .- An adult has the right to dispose of his person and property except the limitations provided by law.

TITLE TWO

From Legal Persons

Article 25 .- They are legal persons:

I. The NationStates and municipalities;

II. Other public corporations recognized by law;

III. Civil or commercial companies;

IV. Trade unions, professional associations and others referred to in section XVI of Article 123 of the Federal Constitution;

V. Cooperatives and mutual societies;

VI. Associations other than those listed intending political, scientific, artistic, recreational or any other lawful purpose, provided it was not unknown to the law.

VII. Foreign legal persons of private nature, in terms of Article 2736.

Article 26 .- Legal persons may exercise all the rights necessary for the purpose of his institution.

Article 27 .- The corporations act and are bound by the bodies that represent them whether by operation of law or pursuant to the provisions of its articles of incorporation and its bylaws.

Article 28 .- The corporations are governed by applicable law, its charter and its bylaws.

Article 28 Bis .- (Repealed).

THIRD TITLE

From Address

Article 29 .- The addresses of the individuals is their place of residence, and in his absence, the place of principal place of business, in their absence, where reside simply and, failing that, the place to find you.

It is presumed that a person habitually resident in one place, it stays there for more than six months.

Article 30 .- The legal domicile of an individual is where the law fixes his residence for the exercise of their rights and fulfilling their obligations, although in fact there is not present.

Article 31 .- It is said legal address:

I. The unemancipated minor, the person in whose custody is subject;

II. Minor is not under custody and more incapacitated, his tutor;

III. In the case of minors or incompetent abandoned, resulting in the circumstances envisaged in Article 29;

IV. Spouse, one in which they live together, without prejudice to the right of each spouse to establish his domicile in the manner provided for in Article 29;

V. The military on active duty, where they are intended;

VI. Public servants, where they perform their duties for more than six months;

VII. Two diplomats, the latter have had in the territory of the sending State, except in respect of the obligations locally;

VIII. Of those who are sojourning in the country in the performance of a commission or employment of their government or an international organization, is the state which appointed or who have had prior to this appointment, respectively, except with respect to obligations undertaken locally and

IX. Of those sentenced to suffer a deprivation of liberty for more than six months, the population of the extinct, so touching the legal relations post-conviction, in terms of previous relationships, those sentenced will retain the last address they have had.

Article 32 .- When a person has two or more homes will be considered domiciled at the place where they just live in, and if we lived in several, one in which it finds it.

Article 33 .- The corporations are domiciled in the place where they are established administration.

Those with their administration outside the Federal District but running legal acts within his jurisdiction, be deemed domiciled here, as everything that relates to such acts.

Branches operating in places other than where the parent resides, shall have their domicile in those places to fulfill the obligations of the same branches.

Article 34 .- You are entitled to appoint a conventional home to fulfill certain obligations.

TITLE FOUR

Civil Registry

CHAPTER I

General Provisions

Article 35 .- In Mexico City, will be responsible for the Judges of the Civil Registry to authorize acts of civil status and extend the minutes of birth, recognition of children, adoption, marriage, divorce, death of the administrative and Mexicans and foreign residents in the areas of Delegations of the Federal District as well as registering the executions to declare the absence of presumption of death, judicial divorce, guardianship, or has been lost or limited legal capacity to administer property.

Article 36 .- The Judges of the Civil Registry, entered on special forms which are referred to the Civil Registry, the records referred to in the preceding article.

Entries will be typing in triplicate.

Article 37 .- The vital records can only be settled in the spoken forms of the preceding article.

Violation of this rule will result in the nullity of the act and is punished by the removal of Judge of the Civil Registry.

Article 38 .- If it loses or destroys any of the forms of civil status immediately be removed from any copies of the copies held by the archives that the Law states in Article 41.

The Attorney General of the Federal District, ensure that compliance with this provision and to this end, the Civil Registry Judge or Judicial File Manager, you will notice the loss.

Article 39 .- Marital status is only checked with the records regarding the Registrar, nor any other document is admissible in evidence to prove, except where expressly excluded by law.

Article 40 .- When there have been no records are lost, we were illegible or shall fail the ways that you can assume that was the record, you can receive test instrument or act by witnesses.

Article 41 .- Civil Registry Forms will be issued by the Head of the Federal District or his designee. Be renewed each year and the judges of the Registrar transmitted during the first month of the year, a copy of the Civil Registry Forms of the previous year the Archives of the Central Office of Vital Records, another to the Archives of the Superior Court of Justice Federal District and the other with the documents that correspond to stay in the office file in which they acted.

Article 42 .- Civil Registry Judge who fails to comply with the warnings of the previous article shall be removed from office.

Article 43 .- You may not settle the minutes, or by way of note or warning, but what must be declared for the precise act to which they refer and which is specifically prevented by law.

Article 44 .- When stakeholders can not attend personally, may be represented by a special agent for the event, whose appointment stating at least in private instrument executed before two witnesses. In cases of marriage or recognition of children, power of attorney is needed in a public or private extended mandate in writing signed by the grantor and two witnesses signatures and endorsed by a Notary Public, Justice of the Family, Minor or Peace.

Article 45 .- Witnesses involved in the vital records will be older, preferably those designated stakeholders, even when their relatives.

Article 46 .- Falsification of records and inserting them in circumstances or statements prohibited by law, will cause the dismissal of Judge of the Civil Registry, subject to the penalties established by law for the crime of forgery, and damages and damages.

Article 47 .- Faults or defects that are in the minutes, subject to the Civil Registry Judge of the corrections indicated by the relevant regulations, but they are not substantial will not produce the nullity of the act, unless the court proved the falsity of it.

Article 48 .- Any person may request evidence of the vital records, as well as notes and documents related thereto, and the Judges Registrars are obliged to give it.

Article 49 .- The acts and proceedings of the court's own marital status, spouse, ancestors and descendants of any of them may not be authorized by the same judge, but will settle on the appropriate forms and authorize the Judge of the next assignment.

Article 50 .- The vital records issued under the preceding provisions, full proof as far as the Judge of the Civil Registry in the performance of their duties, witnesses have happened in his presence, notwithstanding that the Act can be convicted by false.

The statements of those appearing, made in compliance mandated by law, are prima until proven otherwise. What is foreign to the minutes of no value.

Article 51 .- To set the status acquired by Mexicans outside the Republic, the records that will be enough interested parties to submit to acts relating, subject to the provisions of the Federal Code of Civil Procedure, and provided they are registered in the appropriate Office of Federal District or State.

Article 52 .- Judges Civil Registry will supply their temporary absences by the nearest of the Delegation act. Failing this, the nearest neighboring delegation.

Article 53 .- The Public Ministry, ensure that the actions and entries made in the Civil Registry Forms, whether under the Act and can inspect any time, as well as committing to the Judges registrars who have committed crimes in his tenure, or give notice to the administrative authorities of the faults may be incurred by employees.

CHAPTER II

From the birth certificates

Article 54 .- Declarations of birth the child will be presented before the Judge of the Civil Registry office or any place where he was born.

Article 55 .- They are required to declare the birth, the father and mother or either of them, in their absence, the paternal grandparents and, failing that, the mother, within six months following the date on which it occurred.

The surgeons and midwives who were present at birth, are obliged to notify the judge of the birth registrar, within twenty-four hours. The same obligation is the head of the family in whose house the birth occurred, if it occurred outside the family home.

If the birth occurred in a nursing home or state, the obligation referred to above, will be the responsibility of the Director or the person responsible for the administration.

Received the notice, the Civil Registry Judge will take the necessary legal measures in order to lift the birth certificate in accordance with the provisions.

Article 56 .- (Repealed).

Article 57 .- In populations where there is no Judge of the Civil Registry, the child will be presented to the person who exercises authority or municipal delegational where appropriate, and this will give the respective certificate that stakeholders will take the appropriate court registry, to settle the minutes.

Article 58 .- The birth certificate will rise with the assistance of two witnesses. Contain the date, time and place of birth, sex submitted, the name that it is responsible; also the reason if there has been alive or dead, the fingerprinting presented. If it occurs as a child of unknown parents, Judge of the Civil Registry will put the name, and referred this circumstance in the record.

If the birth should occur in a place of imprisonment, Judge of the Civil Registry shall establish and address of the unborn, the Federal District.

In the cases of Articles 60 and 77 of this Code the judge put the last name of the parents or both names which recognizes it.

Article 59 .- When presented as a child born outside of marriage, will settle the names, address and nationality of the parents, the names and addresses of grandparents and people who have made the presentation.

Article 60 .- To be stated on the birth certificate the name of the father of a child out of wedlock, it is necessary that you ask yes or made special representative in the manner prescribed in Article 44, and referred the request.

The mother has no right to fail to recognize her son. You are obliged to have their name placed on the birth of his son. If doing the presentation does not give the name of the mother, will be presented the minutes that the mother is a child of unknown, but research into motherhood may be brought before the courts in accordance with the provisions of this Code.

Besides the names of the parents shall be recorded on the birth certificate of nationality and domicile.

The minutes of birth is not expressed at issue in the case of natural child.

Article 61 .- If the parent is unable to attend, neither hath taken hold, but request it both or either of them, the Judge of Record, it will get to the place in which he is the person, and there receive from him the request to mention your name, all of which shall be entered in the minutes.

Article 62 .- If the child was adulterous, may settle the father's name, married or single, if it so desires, but may not settle the name of the mother when she is married and lives with her husband, unless it has been unknown to the child and there final sentence stating that it is not his child.

Article 63 .- When the child is born to a married woman living with her husband in any way, either at the request of any person, the court may enter the Registry as a parent other than the husband himself, unless it has known the child and final sentence there so find.

Article 64 .- May be recognized, the son incestuous. Parents who recognize the right to have his name recorded in the minutes, but it does not express the child's incestuous.

Article 65 .- Anyone who finds it a newborn or in whose house or property was exposed at all, must be submitted to the Civil Registry Judge dresses, securities or any other objects found with him, and declare the day and place where they have been found and other circumstances in his case have been busy, also giving the Attorney General intervention.

Article 66 .- The same obligation to have the officers, directors or managers of prisons, and any community house, especially in hospitals, maternity homes and even for children born or exposed in them and in case of default, Delegational authority shall order the infringer a fine of ten to fifty days the amount of the minimum wage set in place.

Article 67 .- The minutes are lifted in such cases shall be expressed to all the circumstances specified in Article 65 refers to the child's apparent age, sex, name and surname will be put, and the name of the person or home foundlings to be responsible for it.

Article 68 .- If the exhibition is we had found papers, jewelry or other objects that may lead to the recognition of that, Judge of the Civil Registry shall order the deposit to the prosecutor in question; mentioned in the minutes and giving them formal receipt to pick up the child.

Article 69 .- It is absolutely forbidden to judge of the Civil Registry and witnesses under Article 58 should attend, to make inquiry about parenthood. The record is only expressed what must declare the persons making the child even though it is suspected of forgery, notwithstanding that it be punished in accordance with the requirements of the Criminal Code.

Article 70 .- If the birth should occur aboard a domestic vessel, stakeholders will extend a record of the act, appearing in the circumstances referred to in Articles 58 to 65, where appropriate, and request to authorize the skipper of the boat and two witnesses who are retained on board, if any, this.

Article 71 .- In the first national port to the ship arrives, the stakeholders that will deliver the document mentioned in the previous article, the Judge of the Civil Registry, to agree to its terms the Act.

Article 72 .- If there is no official port of this class, deliver the record before that the local authority, which shall forward it immediately to the Judge of the Civil Registry of the domicile of the parents.

Article 73 .- If the birth should occur in a foreign ship is observed for the regard to the formalities of registration, as prescribed in Article 15.

Article 74 .- If the birth come to pass during a road trip, you can register at the place where it occurs or at home parents, according to the rules set forth above, in the first case will be forwarded copy of the Judge of the Civil Registry of the domicile of the parents, if they so request, and the second will have to register the term indicated in Article 55, a day for every twenty miles away, or fraction exceeding half.

Article 75 .- If giving a birth notice also informs the death of the newborn will be extended two minutes, a birth and a death in the Civil Registry Forms that apply.

Article 76 .- In the case of multiple birth, shall be drawn up by each of the babies, which in addition to the requirements stated in Article 58 shall contain the particulars that distinguish and order birth occurred, according to the news provide the physician, surgeon, midwife or people who have attended childbirth and also be printed fingerprints submitted. Judge of the Civil Registry records relate.

CHAPTER III

The minutes of recognition

Article 77 .- If the father or mother of an illegitimate child, or both, I will present to register his birth, the act shall take all purposes of legal recognition, appearing on the parent.

Article 78 .- If recognition of an illegitimate child is filed after being registered at birth, will form a separate record.

Article 79 .- The recognition of the illegitimate child of age requires the explicit consent of the record relative.

Article 80 .- If recognition is done by any other means provided for in this Code, shall, within fifteen days, to the Registrar an original or certified copy of that check. The record is inserted relative part of the document, observing the other requirements contained in this chapter and in Chapter IV of Title VII of this Book.

Article 81 .- Failure to register in the case of the preceding article, does not remove the legal effects the recognition made under the provisions of this Code.

Article 82 .- In fact the act of recognition after the birth, shall refer to it, put it completed accordingly.

Article 83 .- If recognition is made in office other than that in the lifting of the birth certificate, the Civil Registry Judge authorized by the act of recognition, it sends a copy of the manager of the office that registered the birth to do the entry in the respective minutes.

CHAPTER IV

Adoption of Minutes

Article 84 .- Issued a final court order authorizing the adoption, the judge, within a period of eight days, send a certified copy of the proceedings to the Judge of the Civil Registry, as appropriate, so that, with the appearance of the adopter, get up the minutes .

Article 85 .- The lack of registration of the adoption does not remove it its legal effect, but subject to the penalty charge specified in Article 81.

Article 86 .- The simple act of adoption shall contain the names and domicile of the adopter and the adoptee, the name and other particulars of the persons whose consent was required for any adoption, and the names and addresses of the people acting as witnesses. The record inserted essential data of the ruling.

In cases of full adoption, shall be drawn up as if from birth on the same terms as that issued to children by blood, without prejudice to the second paragraph of the article below.

Article 87 .- Extended the record of the simple adoption, will be marked accordingly to the birth certificate of the adoptee, and filed a copy of the proceedings relating, putting the same number of minutes of adoption.

In the case of full adoption, from the lifting of the act referred to in the second paragraph of the preceding article will be entries on the original birth certificate, which will be reserved. We will not publish or issue any record that reveals the origin of the adoptee or his status, except order issued in trial.

Article 88 .- The court rule that a simple adoption is void, it shall within a period of eight days a certified copy of its decision to the court registrar, to cancel the record of decision and record of birth.

CHAPTER V

In Proceedings of Guardianship

Article 89 .- The order was to discern the guidance published in preventing the terms of the Code of Civil Procedure, Judge of Family transmit a certified copy of the order mentioned at the Civil Registry Judge to lift the respective minutes. The Curator will take care of compliance with this article.

Article 90 .- Failure to register does not prevent the guardian guardianship into his tenure, nor can it be claimed by anyone as a reason to stop dealing with him.

Article 91 .- The minutes of protection contain:

I. The name and age of the disabled;

II. The type of disability for which protection has been deferred;

III. The name and other particulars of persons who have had the disabled under their custody before the discernment of the guardianship;

IV. The name, surname, age, profession and address of the guardian and conservator;

V. The guarantee given by the tutor, stating the name and other particulars of the guarantor, if the collateral is in bond, or other location and contact details of the goods, if the collateral is in mortgage or pledge;

VI. The name of the judge who gave the order for discernment and the date thereof;

Article 92 .- Extended the record of guardianship, record the birth of the incompetent, the case observed that there is not in the same office of the Registry, prevented by Article 83.

CHAPTER VI

In Proceedings of Emancipation

Article 93 .- In cases of emancipation as a result of marriage, not the certified report separately, will be sufficient to prove the act of marriage.

Article 94 .- (Repealed).

Article 95 .- (Repealed).

Article 96 .- (Repealed).

CHAPTER VII

In Proceedings of Marriage

Article 97 .- Persons wishing to submit a brief marriage to the Judge of the Civil Registry of the domicile of either of them, to state:

I. The names, age, occupation and address of both the claimants and their parents if they were known. When one of the suitors, or both have been married, they also express the name of the person who held the previous marriage, because of its dissolution and the date thereof;

II. No legal impediment to marry, and

III. That is their willingness to join in marriage.

This letter must be signed by applicants, and if someone can not or can not write, you do another known person, of legal age and residents.

Article 98 .- When writing referred to in the preceding article, be accompanied by:

I. The birth of the suitors and in his absence a doctor's proof of age, when appearance is not obvious that the man is over sixteen years and over fourteen women;

II. The record of providing consent for marriage takes place, the persons referred to in Articles 149, 150 and 151;

III. The testimony of two adult witnesses who know the pretenders and are satisfied that no legal impediment to marry. If no two witnesses who know the two suitors, two witnesses must be submitted by each of them;

IV. A certificate signed by a licensed physician to ensure, under penalty of perjury, that the claimants do not have syphilis, tuberculosis or any disease that is chronic and incurable also contagious and hereditary.

For the poor have an obligation to issue this certificate free of charge medical health services in their official capacity;

V. The agreement that the suitors should hold regarding their present and those acquired during the marriage. The Convention clearly expressed if the marriage is contracted under the community property system or under the separate property. If the claimants are minors must approve the agreement, the persons whose consent is required for marriage. It can not be present this agreement even on the pretext that the suitors have no assets, because if so, will deal with those acquired during the marriage. In forming the agreement will take into account the provisions of Sections 189 and 211, and the Registrar-Recorder should be especially careful on this point, explaining to all stakeholders who need to know in order that the agreement properly formulated.

If under the provisions of Article 185 was necessary for the marriage public deed, together with a testimony of this writing.

VI. Copy of death certificate of the deceased spouse if either party is widowed, or the operative part of the divorce or annulment of marriage, if any of the suitors shall have been previously married;

VII. A copy of the waiver of impediments, if any.

Article 99 .- In the case of the suitors, for lack of knowledge, can not draft the agreement referred to in section V of the foregoing Article shall have an obligation to draw the Registrar-Recorder, with the data that they provide you suitors.

Article 100 .- Civil Registry Judge to whom an application for marriage who meets the requirements set out in previous articles, will the suitors and the parents or guardians must give their consent, to recognize it and separate signatures. The statements of the witnesses referred to in section III of Article 98 will be signed under oath before the same judge of the Civil Registry. This, when necessary, will ensure the authenticity of the signature to fit the medical certificate submitted.

Article 101 .- The marriage will take place within eight days in the place, date and time indicated by the Judge of the Civil Registry.

Article 102 .- In the place, date and time designated for the celebration of marriage must be present before the court registrar, the special agent suitors or constituted in the manner provided in Article 44 and two witnesses for each, evidencing identity.

Thereupon, the Civil Registry Judge read aloud the marriage application, documents submitted with it and the steps taken, and question witnesses about whether the suitors are the same people referred to the request . If so, ask each of the suitors if they wish to join in marriage, and if they are satisfied, the states declared in the name of law and society.

Article 103 .- Shall stand up in the marriage certificate which shall contain:

I. The names, age, occupation, address and place of birth of the spouses;

II. If they are older or minors;

III. The names, occupation and address of parents;

IV. Their consent, grandparents or guardians or authorities that must supply it;

V. There was no impediment to marriage or that it was dispensed;

VI. The declaration of the suitors of his will be united in marriage, and have been united, will make the judge on behalf of the law and society;

VII. The demonstration of spouses who are married under the regime of community property or separate property;

VIII. The names, age, marital status, occupation and address of the witness, his statement about whether or not they are relatives of the parties, and if so, to what extent and in what line.

IX. That fulfilled the formalities required by the preceding article.

Shall be signed by the Judge of the Civil Registry, the parties, witnesses and others who have participated if they knew and could do so.

The record will print the fingerprints of the parties.

Article 103 Bis .- The joint celebration of marriages does not relieve the judge of the strict observance of the formalities referred to previous articles.

Article 104 .- The suitors to declare an act maliciously false witnesses who fraudulently claim to the accuracy of those statements or identity, and the physicians who falsely occur when issuing the certificate referred to in Section IV of Article 98 will be consigned to Attorney General to exercise the corresponding criminal action. The same is done with people who falsely pass may be made, parents or guardians of the suitors.

Article 105 .- Civil Registry Judge who has knowledge of the suitors are an impediment to marry, raise a record, before two witnesses, which will contain information that make you assume that there is impairment. When complaint shall be expressed in the report the name, age, occupation, and address of the complainant, inserting the letter to the complaint. The document signed by them which intervinieren will be sent to the trial judge as appropriate, to make the grade of disability.

Article 106 .- Complaints of disability can be made by any person. Those are false subjected the complainant to the penalties provided for perjury in civil matters. Whenever you declare to have no impediment to the complainant shall be condemned to pay the costs and damages.

Article 107 .- Before forwarding the record to the trial judge, Judge of the Civil Registry shall inform the impairment reported suitors, even on only one of them, refraining from any further proceedings until the decision to decide the cause impairment of execution.

Article 108 .- Anonymous complaints or made by any other means, if not submitted personally to the complainant, shall be admissible only when they are tested. In this case, the Civil Registry Judge shall report to the court of first instance may be, and shall suspend all proceedings until it resolves.

Article 109 .- Reported a disability, the marriage shall be entered if the complainant is waived, pending court decision falls to declare his absence or obtained exemption from it.

Article 110 .- Civil Registry Judge to authorize a marriage with knowledge that there are legal impediments, or that it has terminated, shall be punished as provided in the Criminal Code.

Article 111 .- The Judges of the Registrar may refuse to authorize a marriage, when the terms of the application, the knowledge of stakeholders or a complaint, we had news that one of the suitors, or both lack the legal capacity to celebrate the marriage.

Article 112 .- Judge of the Civil Registry, without cause, delayed the conclusion of a marriage, shall be punished the first time with a fine of $ 1,000. 00 and in case of recurrence with dismissal.

Article 113 .- Civil Registry Judge received a marriage application is fully authorized to require the claimants, under penalty of perjury, all statements as appropriate, to ensure their identity and their ability to marry.

It may also require a sworn statement to present witnesses concerned, the persons listed as parents or guardians of the suitors, and the doctors who sign the certificate required by Section IV of Article 98.

CHAPTER VIII

In Proceedings of Divorce

Article 114 .- The final sentence a divorce decree will be sent in copy to the Civil Registry Judge to lift the minutes.

Article 115 .- The divorce decree will rise in administrative terms prescribed by Article 272 of this ordinance, upon written request submitted by the partners and shall state the name, age, occupation and address of applicant, date and place Office they celebrated their marriage and the batch number of the relevant minutes.

Article 116 .- Extended sent the minutes record the marriage of the divorced and the copy of the administrative declaration of divorce is filed with the same number of minutes.

CHAPTER IX

Of Death Certificates

Article 117 .- No burial or cremation will be done without written authorization given by the court registrar, who will make sure enough of death with medical certificate from legally authorized. There will be no burial or cremation until after the expiry of twenty four hours a death, except in cases where it is otherwise ordered by the appropriate authority.

Article 118 .- The death certificate data will settle the Civil Registry Judge or statement required to be done, and signed by two witnesses, preferably for that matter, if there are relatives or neighbors.

Article 119 .- The death certificate will contain:

I. The name, surname, age, occupation and address that had the deceased;

II. Marital status of it, and whether he was married or widowed, the full name of their spouse;

III. The names, ages, occupations and addresses of witnesses, and if they are relatives, the degree to which they are not;

IV. The names of the deceased's parents if they knew;

V. The kind of disease that caused the death and specifying the place where the corpse is buried;

VI. The time of death, if we knew, and all reports are made in case of violent death.

Article 120 .- Those who inhabit the house in which death occurs, directors or managers of prisons, hospitals, schools or other community house, guests of the hotels, inns or tenements are required to give notice to the Judge registrar, within twenty-four hours of death and non-compliance is punishable by a fine of five hundred to five thousand pesos.

Article 121 .- If death occurred in a place or town where there is no registry office, the municipal authority to extend the respective certificate sent to the Judge of the Civil Registry, as appropriate, to draw up the minutes.

Article 122 .- When the Judge of the Civil Registry, suspect that the death was violent, will report to prosecutors, telling all the reports you have, to proceed with the investigation according to law. When the Attorney General find a death, will report to the Civil Registry Judge to settle the respective minutes. Ignoring the name of the deceased, will settle the signs of this, those of clothing and objects that he would have found, in general, anything that might lead to identify the person, and always more data to be acquired be communicated to the Civil Registry Judge for the record in the minutes.

Article 123 .- In cases of flood, shipwreck, fire or any other disaster that it is not easy to identify the body will form the record with the data that it collected the minister, expressing, as far as possible the signs of it and dresses or objects that it encountered.

Article 124 .- If not the body but is it certain that someone has succumbed to the disaster site, the minutes contain the names of people they have met that does not appear and other news about the event can be purchased.

Article 125 .- In case of death at sea aboard a domestic vessel, or in the national airspace, the minutes will be formed in the manner prescribed in Article 119, as far as practicable, and authorize the skipper of the ship, practice, moreover, provided for births in Articles 71 and 72.

Article 126 .- When one dies rather than of his domicile shall be forwarded to the Judge of the Civil Registry of their home, a certified copy of the minutes to be seated in the respective book.

Article 127 .- The head of any body or military post, has obligation to report to the Judge of the Civil Registry of the dead who have been campaigning, or other act of service, specifying affiliation.

Article 128 .- The courts take care to refer within twenty-four hours after the execution of sentence of death, a story to the judge of the Civil Registry where the performance has been verified. The notice will contain the name, surname, age, and occupation that had the run.

Article 129 .- In all cases of violent death in the prisons, will not be mentioned in the records of these circumstances and the records contain only the other requirements prescribed in Article 119.

Article 130 .- (Repealed).

CHAPTER X

From the inscriptions of the declaring enforceable or modify Status

Article 131 .- The judicial authorities to declare the absence of presumption of death, child custody, divorce, or has been lost or limited capacity to manage property, within a period of eight days referred to the Judge of the Civil Registry, a certified copy of the enforceable respectively.

Article 132 .- Civil Registry Judge will make the appropriate entry in the birth certificates and marriage certificates, if any, and insert the essential data of the judicial decision has been advised.

Article 133 .- When you regain the capacity to manage legal, simple adoption is revoked or the person declared absent present or whose death was presumed, it will notify the Civil Registry Judge by the same applicant and the appropriate authority, to cancel the registration referred to in the preceding article.

CHAPTER XI

Of Correction, Modification and Clarification of vital records

Article 134 .- The correction or amendment of an act of civil status, can be done only with the Judiciary and under sentence of it, except that voluntarily recognize a child's father, which is subject to the provisions of this Code.

Article 135 .- Has the correct place to ask:

I. By falsehood, when it is alleged that the event was not registered;

II. On the amendment, as requested a name change or other circumstances, is essential or accidental.

Article 136 .- May request the rectification of an act of civil status:

I. People whose status is;

II. Those mentioned in the report as related to one's marital status;

III. The heirs of the persons included in the two preceding sections;

IV. Those who, under Articles 348, 349 and 350, may continue or try the action that is in them.

Article 137 .- The trial will continue to act to rectify in the manner prescribed in the Code of Civil Procedure.

Article 138 .- The statement that causes execution judge shall be communicated to the Civil Registry and it will refer it to the margin of the appeal, whether the failure to grant or deny the amendment.

Article 138 Bis .- The clarification of the vital records, applicable when there in the Civil Registry typos, misspellings or other data that do not affect those essential and must be processed before the Civil Registry Office.

TITLE FIVE

Marriage

CHAPTER I

The betrothal

Article 139 .- The promise of marriage made in writing and is accepted, the wedding is.

Article 140 .- Engagement can only celebrate the man who has sixteen years and a woman who has reached fourteen.

Article 141 .- When children are promised, the wedding no legal effect if they have not consented to their legal representatives.

Article 142 .- The betrothal is not required to produce marriage, or they can stipulate any punishment for not enforcing the promise.

Article 143 .- Who, without serious cause, in the opinion of the judge refuses to honor its commitment to indefinitely defer marriage or enforcement, will pay the other party has made the occasion of the intended marriage.

In the same liability incurred by the promise who gives serious cause for breach of the betrothal.

It will also pay the promised without a serious reason to miss his commitment, compensation by way of reparation, when the duration of courtship, intimacy established between the promised advertising relationships, the closeness of marriage or other similar causes, breaking the betrothal causes serious damage to the reputation of innocent promised.

Compensation shall be prudently determined in each case by the judge, taking into account the resources pledged guilty and severity of the damage done to the innocent.

Article 144 .- The actions referred to in the preceding article, may only be exercised within one year from the date of refusal to the marriage.

Article 145 .- If marriage is not celebrated, have the right to demand the promised return of what has been donated on his arranged marriage. This right will last for one year from the breaking of the betrothal.

CHAPTER II

Requirements for marriage

Article 146 .- The marriage must take place before the officials under the law and with the formalities it requires.

Article 147 .- Any condition contrary to the perpetuation of the species or mutual aid to be spouses, shall be null and void.

Article 148 .- To marry the man needs to be sixteen years and a woman fourteen. The Head of the Federal District or Delegates as appropriate, may grant waivers of age for serious reasons and justified.

Article 149 .- The son or daughter who has not attained eighteen can not marry without the consent of his father or mother, if they live both, or to survive. This right has the mother even if remarriage, if the child lives with her. In the absence or inability of parents, you need the consent of the paternal grandparents if they live both, or survive, in the absence or inability of the paternal grandparents if both exist, or survive, it requires consent of the maternal grandparents.

Article 150 .- Missing parents and grandparents need the consent of the guardians, and their absence will supply the consent, if any, Justice of the Family of the child's residence.

Article 151 .- Those interested can happen to the Head of the Federal District or delegates, as the case when the parents or guardians refuse consent or revoking which they have granted. Those authorities, after lifting a particular information, will supply or consent.

Article 152 .- If the judge in the case of Article 150, refuses to supply the consent to a marriage, stakeholders will occur to the High Court respectively, in the terms prescribed by the Code of Civil Procedure.

Article 153 .- The parent or guardian who has consented by signing the respective request and confirmed it before the court registrar, can not revoke it later, unless there is good reason for it.

Article 154 .- If the parent or guardian who has signed or ratified the marriage application dies before it is concluded, his consent can not be revoked by the person who, in their absence, would have the right to grant, but always check that the marriage was within the period established in Article 101.

Article 155 .- The judge has authorized a minor to marry may not revoke the consent, once granted it, just cause supervening.

Article 156 .- Are impediments to celebrate the marriage contract:

I. The lack of age required by law, it has not been provided;

II. The lack of consent to, or exercising parental authority, guardian or judge in their cases;

III. The relationship of consanguinity legitimate or natural, regardless of grade in a straight line, ascending or descending. In the collateral line the same, the impairment extends to the brothers and half brothers. In the mixed collateral, estoppel extends only to the uncles and nephews, provided they are in third grade and have not received dispensation;

IV. The relationship by marriage straight, without limitation;

V. Adultery occurred among people who intend to marry when the adultery has been judicially established;

VI. The attempt on the life of one of those married to marry which is free;

VII. The force or grave fear. In case of rapture, the impediment exists between the abductor and the abducted while she is not restored to a safe place where you can freely express their will;

VIII. Incurable impotence for intercourse, and chronic and incurable diseases that are also contagious or hereditary.

IX. Having one of the states of disability referred to in Section II of Article 450.

X. Subsisting marriage with someone other than those he intends to get.

Of these impediments are dispensable only the lack of age and relationship of consanguinity in the collateral line uneven.

Article 157 .- Under the regime of simple adoption, the adopter may marry the adoptee or their descendants.

Article 158 .- The woman can not remarry until past three hundred days after the dissolution of the former, unless within that period gave birth to a son. In cases of annulment or divorce, can be counted this time since it was interrupted cohabitation.

Article 159 .- The guardian can not marry the person who has been or is under his care, unless they get a dispensation, which is not granted by the Mayor about it, but when approved the accounts of the guardianship.

This prohibition also includes the curator and the descendants of this and the tutor.

Article 160 .- If the marriage is entered into in contravention of the provisions of the preceding article, the court will appoint an interim guardian immediately receive and manage assets while obtaining the waiver.

Article 161 .- In the case of Mexicans abroad to marry within three months of their arrival in the Republic transcribe the minutes of the marriage at the Civil Registry of the place where the spouses are domiciled.

If the transcript is made within those three months, its effects are retroactive to the civil date of the marriage, if done later, only effective from the day he made the transcript.

CHAPTER III

Rights and obligations arising from marriage

Article 162 .- Spouses are required to contribute each in turn to the purpose of marriage and help each other.

Everyone has the right to make free, responsible and informed about the number and spacing of their children. With respect to marriage, this right shall be exercised by mutual agreement between the spouses.

Article 163 .- The spouses will live together in the marital home. It is considered marital home, the place agreed upon jointly by the spouses, in which both enjoy their own authority and the same considerations.

The courts, knowingly, may waive this obligation to either party when the transfers his residence to another foreign country, unless you do it in public or social service, or set rather unhealthy or improper.

Article 164 .- The spouses contribute financially to the household, their food and their children, as well as educating them on the terms established by law, without prejudice to distribute the load in the form and proportion to be agreed for this purpose, according to their means. To this is not required that you are unable to work and is neither own property, in which case the other fully attend to these expenses.

The rights and obligations arising from marriage will always be equal to the spouses and independent of their economic contribution to the household.

Article 165 .- Spouses and children for food, have a prior right on the income and assets who have charge of the economic support of the family can sue the insurance of goods to enforce these rights.

Article 166 .- (Repealed).

Article 167 .- (Repealed).

Article 168 .- The husband and wife at home have equal authority and considerations, therefore, resolved by mutual agreement all conducive to household management, training and education for children and administration of the goods which they belong. In case of disagreement, the Family Court judge ruling.

Article 169 .- The spouses may perform any activity other than those that damage the morale of the family structure of it. Any of them may object to the other performs the activity in question and the Family Court judge will decide on the opposition.

Article 170 .- (Repealed).

Article 171 .- (Repealed).

Article 172 .- The husband and wife, older, have the capacity to manage, hire or dispose of their own assets and bring an action or oppose the exceptions to them are, without for that purpose require the consent of the husband's wife, nor this authorization that, except for acts of administration and control of the commons.

Article 173 .- The husband and wife, minors, will manage their assets, in terms of the preceding article, but will need judicial authorization to alienate, encumber or mortgage and a legal guardian for your business.

Article 174 .- (Repealed).

Article 175 .- (Repealed).

Article 176 .- The contract of sale can only take place between spouses when the marriage is subject to a separate property regime.

Article 177 .- The husband and wife during marriage, shall exercise the rights and actions that one against the other, but the prescription does not run including the duration of the marriage.

CHAPTER IV

Marriage Contract in Relation to Goods

General Provisions

Article 178 .- The marriage contract should be concluded under the regime of conjugal partnership, or under the separate property.

Article 179 .- Prenuptial agreements are the spouses held to build up the community property or separate property and regulate the administration of these one and in another case.

Article 180 .- The marriage may be granted before the marriage or during it, and may include not only the goods that they own husbands at the time of the covenant, but also those acquired later.

Article 181 .- A minor under the law to marry, may also grant capitulations, which will be valid if its execution concur persons whose consent is required for marriage.

Article 182 .- The acts are invalid doest that husbands against natural laws or purposes of marriage.

CHAPTER V

Of the conjugal

Article 183 .- The conjugal partnership shall be governed by the marriage that constitute, and what is not expressly stipulated by the provisions relating to the partnership agreement.

Article 184 .- The conjugal partnership was born in celebration of the marriage or during it. You can understand not only the assets of the couple who own the form, but also to acquire future assets the spouses.

Article 185 .- The marriage of the establishment of conjugal society, public deed Executed when husbands or partners be transferred ownership of property that warrant such a requirement for the translation is valid.

Article 186 .- In this case, the alteration is made of the chapter should be granted as a public document, making the respective entry in the protocol on which they were granted the earlier chapter, and the registration of the Public Registry of Property. No meet these requirements, the changes will not produce effects against third parties.

Article 187 .- The conjugal partnership may end before the marriage is dissolved if the couple so agree, but if they are minors, they should intervene in the dissolution of the company giving their consent, the persons referred to in Article 181.

The same rule shall apply when the marital partnership is changed during the minority of the spouses.

Article 188 .- You can also end the joint property during the marriage, at the request of either spouse for the following reasons:

I. If the managing partner, for his notorious negligence or clumsy administration, threatens to ruin his partner or significantly reduce the commons;

II. When the managing partner, without the express consent of your spouse makes the sale of goods belonging to the conjugal partnership, its creditors;

III. If the managing partner is declared bankrupt, or contest;

IV. For any other reason to justify the opinion of the competent court.

Article 189 .- The marriage that is established the conjugal partnership must contain:

I. The detailed list of property that each spouse takes the company, stating its value and the taxes that report;

II. The specified list of movable property that each spouse enter into society;

III. Detailed note of the debts held by each spouse to celebrate the marriage, stating whether the company has to answer them, or only those contracted during the marriage, either by both spouses or either of them;

IV. The explicit statement of whether the marital partnership must include all property of each spouse or only part thereof, specifying in the latter case what are the goods which will come to society;

V. The explicit statement of whether the marital property must include all of the spouses, or only their products. In one other case and clearly determine that the goods or products corresponding to each spouse;

VI. The statement of whether the work product of each spouse is solely that executed it, or whether to share this product to the other spouse and to what extent;

VII. The statement strict about who should be the administrator of the company, expressing clearly the powers granted;

VIII. The statement about whether to acquire future assets of spouses during the marriage, belong exclusively to the purchaser, or be divided among them and in what proportion;

IX. The basis for the company into liquidation.

Article 190 .- It is no capitulation by which one of the spouses has to collect all the utilities, as well as establishing that any of them is responsible for joint debts and losses exceeding a part which corresponds proportionally to their capital or profits .

Article 191 .- When set to one of the spouses only receive a fixed amount, the other spouse or your heirs must pay the agreed amount, whether or not useful in society.

Article 192 .- Any agreement to transfer an amount of the assets of each spouse will be considered as a gift and subject to what is provided in Chapter VIII of this Title.

Article 193 .- Not be waived early gains arising from the marital partnership, but the marriage dissolved and established the separation of property, the spouses can give up the profits they are entitled.

Article 194 .- The domain of the commons lies in both spouses as long as the conjugal partnership. The administration will be the responsibility of the spouses who had been appointed in the marriage, that provision may be freely modified, without stating the reason, and in case of disagreement, the Family Court judge ruling.

Article 195 .- The decision to declare the absence of either party, modify or suspend the conjugal partnership in the cases mentioned in this Code.

Article 196 .- Abandoning his more than six months of the marital home by one spouse, puts an end to him, from the days of neglect, the effects of the marital partnership in favor it, they may not start again but by express agreement.

Article 197 .- The conjugal partnership terminates by the dissolution of marriage, the spouses will, by the ruling declaring the presumed death of the absent spouse in the cases provided for in Article 188.

Article 198 .- In the case of annulment, the society is considered subsisting until it takes its final sentence, if both spouses acted in good faith.

Article 199 .- When one of the spouses was in good faith, the company also subsist until the sentence be final, then it is favorable if the innocent spouse, otherwise will be void from the beginning.

Article 200 .- If the spouses acted in bad faith, the society is considered void from the marriage, being in any case unless a third party's rights have against the social fund.

Article 201 .- If the dissolution of the company comes from the nullity of marriage, the spouse who has acted in bad faith will have no share in the profits. These apply to children, if any, to the innocent spouse.

Article 202 .- If the two proceeded in bad faith, the profits will be applied to children, if any, will be distributed in proportion to what each spouse brought to the marriage.

Article 203 .- Dissolution of the society shall be inventory, which does not include bedding, clothing and ordinary objects of personal use of the spouses, which shall they or their heirs.

Article 204 .- After the inventory, which has paid claims against the social fund will be returned to each spouse that led to marriage and the surplus, if any, will be divided between the spouses in the manner agreed. Where there are losses, the amount thereof be deducted from the credit of each spouse in proportion to the profits that should apply, and if one took only capital, this will be deducted from the total loss.

Article 205 .- One spouse died, the survivor will continue in the possession and administration of social background, with the intervention of the representative of the estate until the partition is verified.

Article 206 .- All matters relating to the formation of inventories and formalities of the partition and allocation of goods is governed by the provisions of the Code of Civil Procedure.

CHAPTER VI

Separation of Goods

Article 207 .- There may be separate property under capitulations before marriage or during it, by agreement of the spouses or by court order. Separation can understand not only the goods that they own the spouses to celebrate the marriage, but also those acquired later.

Article 208 .- Separation of property may be absolute or partial. In the second case, goods that are not included in the capitulation of separation, will be the married couple that must be spouses.

Article 209 .- During the marriage, separation of property may end up to be replaced by the conjugal partnership, but if the spouses are minors, observe the provisions of Article 181.

The same was observed when the capitulation of separation may be modified during the younger spouse.

Article 210 .- It is not necessary, stating in a public capitulations is agreed that the separation of assets before the marriage. If it is agreed during the marriage, will observe the formalities required for the transfer of the property in question.

Article 211 .- The capitulations to establish separate property, always contain an inventory of assets that each spouse owns in celebration of the marriage and the debts specified note that each spouse has married.

Article 212 .- In the regime of separate property of spouses shall retain ownership and administration of property belonging to them respectively, and therefore, all the fruits and accessions of these goods will not be common, but the preserve of the owner of them.

Article 213 .- They will also own each of the spouses wages, salaries, emoluments and who obtains earnings for personal services, for performing a job or a profession, trade or industry.

Article 214 .- (Repealed).

Article 215 .- The assets that the spouses jointly acquired by gift, inheritance, bequest, any other free or for a gift of fortune, in the meantime is the division will be managed by both or one with agreement of the other, but in to manage this case will be considered as representative.

Article 216 .- Neither the husband can charge the woman did this to that or pay any fees for his personal services suitable or appropriate, or advice or assistance given to him.

Article 217 .- The husband and wife who exercise parental authority is divided among themselves in equal parts, half the enjoyment that the law gives them.

Article 218 .- The husband responds to the woman and to that of the damages you cause by fraud, fault or negligence.

CHAPTER VII

Donations of antenuptial

Article 219 .- Antenuptial donations are called that before marriage a husband makes to the other, whatever the name that the custom has given them.

Article 220 .- They are also giving a stranger antenuptial which makes some of the spouses, or both, in consideration of marriage.

Article 221 .- Donations between spouses antenuptial although there were several, may not exceed one-sixth of collected goods from the donor. The donation will be inofficious excess.

Article 222 .- Donations made by a stranger antenuptial will be inofficious in the terms that regardless of the common.

Article 223 .- To calculate whether a donation is inofficious antenuptial have the donee spouse and their heirs the right to choose the time the gift was made or the death of the donor.

Article 224 .- If the donation be formed no inventory of goods from the donor, you can not choose the time when it was granted.

Article 225 .- Antenuptial donations for its validity need not express acceptance.

Article 226 .- Donations are not revoked by antenuptial children occur to the donor.

Article 227 .- Nor was revoked for ingratitude, unless the donor were a stranger, that the donation has been made to both spouses and both are ungrateful.

Article 228 .- Donations are revocable and antenuptial understand adultery or revoked by abandoning his family home by the donee if the donor regardless of the other spouse.

Article 229 .- Minors may donate antenuptial, but only with the involvement of a parent or guardian, or court approval.

Article 230 .- Donations antenuptial be annulled if the marriage fails to take place.

Article 231 .- Apply to donations antenuptial donations rules common in everything not contrary to this chapter.

CHAPTER VIII

Donations between spouses of

Article 232 .- The spouses may make donations, as long as not contrary to the marriage, or prejudice the right of parents or children to be fed.

Article 233 .- Donations between spouses may be revoked by the donor, as long as marriage, when there is valid reason, according to the judge.

Article 234 .- These donations will be canceled by the supervenience of children, but they are inofficious be reduced in the same terms as the common ones.

CHAPTER IX

Of Marriages Null and Illicit

Article 235 .- Are grounds for annulment of a marriage:

I. The error about the person with whom it contracts, when a spouse marriages understanding with particular individuals, it contracts with another;

II. That marriage was celebrated by attending some of the impediments listed in Article 156;

III. Have been concluded in violation of Articles 97, 98, 100, 102 and 103.

Article 236 .- The nullity born of error can only be deducted by the spouse cheated, but if it does not report the error immediately notice it, it is ratified by the consent and the marriage is subsisting, unless there is some other obstacle cancellation.

Article 237 .- The younger age of sixteen years for men and fourteen women will no longer be grounds for invalidity:

I. When there has been children;

II. When, even if not there, the less been reached eighteen, and neither he nor the other spouse we had tried to void.

Article 238 .- The invalidity for lack of consent of ancestors only be invoked by that or those who played give such consent, and within thirty days of becoming aware of the marriage.

Article 239 .- Cesa this cause of invalidity:

I. If thirty days have passed without any order;

II. If within this term, the ascendancy has expressly consented to the marriage, or implicitly by giving the children in consideration of marriage, receiving the spouses to live at home, presenting their offspring as legitimate to the registry office, or practicing other acts deemed by the judge are so conducive to this effect, as expressed.

Article 240 .- The invalidity for lack of consent of the guardian or the judge may be requested within thirty days by either spouse, or guardian, but that because of void terminate if before appearing on demand as she gets the ratification guardian or judicial approval, confirming the marriage.

Article 241 .- The relationship of consanguinity is not dispensed annuls the marriage, but if waiver is obtained after both spouses, recognized invalid, as they will spontaneously reiterate its consent by a record before the court registrar, will be revalidated marriage and shall for all purposes legislation since the day he first contracted.

Article 242 .- The action stems from this kind of nullity and that derives from the relationship by marriage in a straight line can be exercised by either spouse, their parents and the public prosecutor.

Article 243 .- The nullity born of the ground provided for in section V of article 156, may be deducted by the offended spouse or by the prosecution in the case of dissolution of previous marriage because of divorce and the Public Prosecutor only if This marriage has been dissolved by death of the offended spouse.

In one and in another case, the action should be tried within six months of the marriage of adulterers.

Article 244 .- The nullity from the attempt on the life of either spouse to marry you is free, can be deducted by the spouse's children victim of the attack, or the Public Ministry within a period of six months from held the new marriage.

Article 245 .- Fear and violence will void the marriage if the following circumstances:

I. One or another imported jeopardy of life, honor, freedom, health or a substantial part of the goods;

II. That fear has been caused or the violence done to the spouse or the person or persons who are under his custody or guardianship in celebration of the marriage;

III. One or the other have survived while the marriage was celebrated.

The action arises from these causes of nullity can only be inferred by the aggrieved spouse, within sixty days from the date of the cessation of violence or intimidation.

Article 246 .- The invalidity is based on one of the reasons expressed in paragraph VIII of Article 156 can only be requested by the spouses, within a period of sixty days since the marriage.

Article 247 .- They are entitled to request the annulment referred to section IX of Article 156, the other spouse or guardian of the disabled.

Article 248 .- The link from a previous marriage existing at the time of the second contract, although it cancels contract in good faith, reasonably believing that the former spouse had died. The action arises from this cause of nullity may be deducted by the spouse's first marriage, his children or heirs, and spouse who acquired the second. Do not deduct any of the above persons, the Public Ministry deducted.

Article 249 .- The invalidity is based on the lack of essential requisites for a valid marriage may be invoked by the spouses and anyone with an interest in proving that there is no marriage. You can also declare the nullity at the request of prosecutors.

Article 250 .- Not permitted application for annulment for lack of solemnity in the act of marriage celebrated before the Judge of the Civil Registry, where the existence of the act is a possession of marital status.

Article 251 .- The right to demand the annulment of marriage corresponds to those expressly granted by law, and is not transferable by inheritance or any other way. However, the heirs may continue the application for annulment brought by those who inherit.

Article 252 .- Rendered by the ruling that declared invalid, the court, ex officio, transmit a certified copy thereof to the Civil Registry Judge before whom the marriage happened, to put the margin of the circumstances in the record note: the operative part of the sentence, date, the court ruled that the number is marked with the copy, which shall be deposited in the archive.

Article 253 .- Marriage has in its favor the presumption of being valid, only void when they declare a statement that causes execution.

Article 254 .- Spouses can not hold transaction or commitment to referees regarding annulment of marriage.

Article 255 .- A marriage entered into in good faith, even declared null, produces all its civil effects in favor of the spouses for the duration, and at all times for children born before the marriage, during, and three hundred days after declaration of nullity, if not been the spouses separately, or from their separation otherwise.

Article 256 .- If there was good faith on the part of only one of the spouses, civil marriage only effects on him and the children.

If there was bad faith on the part of both spouses, civil marriage only effects on children.

Article 257 .- Good faith is presumed, to destroy this presumption requires full proof.

Article 258 .- If the claim for revocation is filed by one spouse only, of course will be taught the provisional measures laid down in Article 282.

Article 259 .- After the ruling on cause invalid execution, the father and mother will propose the manner and terms of the care and custody of the children and the judge at its discretion under the circumstances.

Article 260 .- The judge at any time, amend the determination referred to in the preceding article, attentive to changing circumstances and the provisions in Articles 422, 423, and 444, Section III.

Article 261 .- Declared the nullity of marriage shall be the division of the commons. Distributable products, if both spouses have carried out in good faith, be divided among them as agreed in the marriage, if only there been good faith on the part of one spouse, it will apply in full to these products. If there was bad faith on the part of both spouses apply to products for children.

Article 262 .- Declared the nullity of marriage, shall be observed on donations antenuptial following rules:

I. Those made by a third party to spouses may be revoked;

II. Those who did the guilty spouse shall have no effect and the things that are the subject of them returned to the donor with all their products;

III. Those from the innocent spouse who acted in bad faith shall remain;

IV. If both spouses acted in bad faith, donations have been made will be for their children. If you do not, can not make any claim donors because of liberality.

Article 263 .- If by declaring the nullity of marriage the woman is pregnant, the precautions referred to in Chapter I of Title V of Book Three.

Article 264 .- It is illegal but not void the marriage:

I. When you've made the decision pending an impairment that is capable of dispensing;

II. When you have given prior waiver required by Article 159, and when it takes place without having passed the terms laid down in Articles 158 and 289.

Article 265 .- Those who violate the above article, as well as being older than marry a minor without consent of his parents, guardian or judge in their cases, and to authorize such marriages, will incur penalties indicated by the Code field.

CHAPTER X

Divorce

Article 266 .- Divorce dissolves the marriage bond and leave the spouses in a position to get another.

Article 267 .- Are grounds for divorce:

I. Adultery duly proved one of the spouses;

II. The fact that women give birth during the marriage, a child conceived before the conclusion of this contract, and that court be declared illegitimate;

III. The proposal of the husband to prostitute his wife, not only when the husband himself has made it directly, but when he proves that he has received money or any compensation for the express purpose of allowing another to have sexual intercourse with his wife;

IV. Incitement to violence committed by one spouse to another to commit a crime, whether or not incontinence carnal;

V. Immoral acts executed by the husband or the woman in order to corrupt the children, and tolerance in his corruption;

VI. Suffering from syphilis, tuberculosis, or any other chronic or incurable illness that is also contagious or hereditary, and incurable impotence which arises after the conclusion of the marriage;

VII. Suffering from incurable insanity, a declaration of interdiction is made about the insane spouse;

VIII. The separation of the conjugal home for more than six months without cause;

IX. The separation from the family home caused by a cause that is enough to seek divorce, if prolonged for more than a year without a spouse who files a complaint spread of divorce;

X. A declaration of absence legally made, or the presumption of death in cases of emergency when you do not need to be done it appropriate declaration of absence;

XI. The cruelty, threats or serious injuries of a spouse to the other;

XII. The unjustified refusal of parents to meet the obligations specified in Article 164, without requiring prior exhaustion of procedures aimed at compliance, as well as breach without just cause by either party, of the verdict in the case of Article 168;

XIII. The slanderous accusations made by one spouse against the other, offense that merits more than two years;

XIV. Having committed a spouse a crime that is not political, but is infamous for which have to undergo rigorous imprisonment of two years;

XV. Their gambling or drunkenness or drug abuse and persistent narcotics drugs, when they threaten to cause the ruin of the family, or constitute a continuous source of marital discord;

XVI. Committing one spouse against the person or property of another, an act that would be punishable if it was strange person, provided that such act has provided for by law to pass a sentence of one year in prison;

XVII. The mutual consent.

XVIII. The separation of spouses for more than 2 years, regardless of the reason which caused the separation, which may be invoked by any of them.

XIX .- The behaviors of family violence committed by one spouse against the other or to the children of both or either of them. For purposes of this article is meant by family violence to the provisions of article 323 ter of this Code.

XX .- The unjustified failure to determinations of administrative or judicial authorities have been ordered, designed to correct the acts of violence toward the other spouse or children by the spouse have to.

Article 268 .- When a spouse has filed for divorce or nullity of marriage because there is no justification or has withdrawn any claim or action without the consent of the defendant, this in turn has the right to seek divorce, but can not do but after three months of notification of the final decision or order which went to the withdrawal. During these three months the spouses are not required to live together.

Article 269 .- Either spouse may seek divorce on your spouse's adultery. This action lasts six months, since he learned of the adultery.

Article 270 .- Grounds for divorce are immoral acts executed by the husband or the woman in order to corrupt the children, and what they are both, and one of them. The tolerance on corruption entitled to ask for divorce should include positive actions and not mere omissions.

Article 271 .- (Repealed).

Article 272 .- When both spouses agree to divorce and are of age, have no children and by mutual Agreement has settled the conjugal partnership, if they were married under this regime, personally appeared before the Judge of the Civil Registry of the place of domicile; check with respective certified copies are married and older and will manifest in a strict and explicit his desire to divorce.

Civil Registry Judge upon identification of the spouses, shall issue a certificate that will attest to the divorce petition and cite the spouses to be present to ratify a fortnight. If the spouses do the ratification, the Court declared the Civil Registry divorced, raising the respective record and making the appropriate entry in the previous marriage.

Divorce and shall not be legally obtained if it is found that the spouses have children are minors and have not paid their conjugal partnership, and then those will suffer the penalties established by the Code field.

The spouses who are not as provided in the preceding paragraphs of this article can divorce by mutual consent, going to the competent judge in the manner ordered by the Code of Civil Procedure.

Article 273 .- Spouses who are in the case of the last paragraph of the preceding Article, are obliged to submit to the court an agreement that set the following:

I. Designation of person to be entrusted with the children of the marriage, both during the procedure and enforceable after the divorce;

II. The way to meet the needs of children, both during the procedure and enforceable after the divorce;

III. The room will house each of the spouses during the procedure;

IV. In terms of Article 288, the amount of maintenance that a spouse must pay the other during the procedure and enforceable after the divorce and how to make the payment and the security to be granted to secure;

V. The way to manage the assets of the conjugal partnership during the procedure, and to liquidate the company after the divorce enforceable, and the appointment of liquidators. To that effect, together with a inventory and valuation of all real or personal property of the company.

Article 274 .- Divorce by mutual consent can not be requested until after a year of marriage.

Article 275 .- While divorce is decreed, the court allowed the separation of spouses in a provisional, and issue the necessary measures to ensure the survival of children who no obligation to provide food.

Article 276 .- Spouses who have filed for divorce by mutual consent, may meet by mutual agreement at any time, provided that the divorce has not been enacted. They may reapply for divorce by mutual consent but a year after their reconciliation.

Article 277 .- The spouse who does not want a divorce based on the grounds set forth in sections VI and VII of Article 267, may, however, ask to suspend its obligation to cohabit with the other spouse, and the judge, knowingly, may order the suspension, leaving the other remaining obligations created by marriage.

Article 278 .- Divorce can only be claimed by the spouse who has not given cause to him, and within six months of the date on which they come to your notice the facts relied upon demand.

Article 279 .- None of the grounds listed in Article 267 can be claimed for divorce, when mediated forgiveness express or implied, is not considered mere tacit forgiveness subscription volunteer for divorce, nor the subsequent procedural steps.

Article 280 .- The reconciliation of the parties terminates the divorce proceedings in any state in which you are, if not a verdict of execution. In this case, interested parties must report their reconciliation to the judge, that the omission of this claim destroys the effects of reconciliation.

Article 281 .- The spouse who has not given cause for divorce may, before the pronouncement of the sentence that ends the litigation, to grant a pardon for his consort, but in this case, can not seek re-divorce for the same facts to who spoke of forgiveness and that motivated the previous trial, but new ones, even of the same species or different facts that legally constitute sufficient cause for divorce.

Article 282 .- When admitted for divorce, or sooner if any emergency and only for the duration of the trial, it will dictate appropriate temporary measures, in accordance with the following provisions:

I. (Repealed).

II. Proceed to the separation of spouses in accordance with the Code of Civil Procedure;

III. Bookmark and ensure foods to give food to the debtor creditor spouse and children;

IV. Those deemed suitable for the spouses is not likely to harm their respective assets or those of the conjugal partnership, if any;

V. Dictate in your case, precautionary measures established by law regarding women who become pregnant;

VI. Putting children in the care of the person you have nominated in agreement the spouses may be one of these. Failing such agreement, the spouse for divorce propose the person in whose possession should be provisionally children. The judge, following the procedure established by the respective code ruling.

Unless serious danger to the normal development of children, children under seven years must be looked after by the mother.

VII .- The prohibition against going to an address or place for any of the spouses as well as measures to prevent acts of violence.

Article 283 .- The divorce decree ultimately fix the situation of children, for which the judge must resolve all matters relating to the rights and obligations attached to parental authority, loss, suspension or limitation, as appropriate, and especially the custody and care of children. Own initiative or at the request of an interested party during the procedure, he shall not approach the necessary elements for it, having to listen to both parents and children to avoid behaviors of family violence or any other circumstance that warrants the need for the measure, considering the interest than the latter. In any case will protect and respect the right of living with parents, unless there is danger to the child.

Protection for children include safety measures, monitoring and therapies to prevent and redress acts of violence, which may be suspended or modified under the terms of Article 94 of the Code of Civil Procedure for the Federal District.

Article 284 .- Before providing a final decision on custody or guardianship of the children, the judge may grant, at the request of grandparents, uncles or older siblings, any measure that is considered beneficial for children.

The judge may modify this decision attentive to the provisions of articles 422, 423 and 444, Section III.

Article 285 .- The father and mother, but lose parental authority subject to all of their obligations to their children.

Article 286 .- The spouse who gives cause for the divorce lose everything which he was given or promised by his consort, or by another person in regard to this, the innocent spouse may keep the received and claim the pact to their advantage.

Article 287 .- Enforceable divorce will proceed at once to the division of the commons and the precautions necessary to ensure any remaining obligations between spouses or with respect to children. The divorced spouses have an obligation to contribute in proportion to their assets and income needs of children, livelihood and education until they reach majority.

Article 288 .- In divorce cases necessary, the judge, taking into account the circumstances of the case including the ability to work for spouses, and their economic situation, will sentence the offender to pay maintenance for the innocent.

In the case of divorce by mutual consent, the woman shall be entitled to receive food for the same period of duration of marriage, right to enjoy if you do not have sufficient income and while not remarried or cohabiting one.

The same right stated in the previous paragraph, will the man who is unable to work and lack of sufficient income, while not remarried or cohabiting one.

When the divorce will cause damage or injury to the interests of the innocent spouse, the offender liable for them as the perpetrator of a wrongful act.

Article 289 .- Under the divorce, the spouses regain their full capacity to remarry.

The spouse has given cause for divorce may not remarry, but after two years, counting from that decreed the divorce.

For divorced spouses who voluntarily to remarry, there must be a year since they got a divorce.

Article 290 .- The death of a spouse ends the divorce trial, and the heirs of the deceased have the same rights and obligations they would have if the trial had not occurred.

Article 291 .- Rendered by a divorce, the trial judge sent a copy to the Civil Registry Judge before whom the marriage, to draw up the minutes and also to publish an excerpt of the resolution, for fifteen days, in the tables for this purpose.