Federal Civil Code Mexico: Preliminary Provisions, Persons, Registry | Althox
The Federal Civil Code of Mexico stands as a cornerstone of the nation's legal system, governing the fundamental rights and obligations of individuals and legal entities within its jurisdiction. Published in the Official Journal of the Federation in four parts throughout 1928, this comprehensive code has undergone various reforms, with the last significant update published on January 28, 2010. Its provisions extend across the Republic, addressing matters of federal law and establishing the framework for civil relations.
This article delves into the initial, crucial sections of the Code, exploring its preliminary provisions that lay down general legal principles, followed by an examination of the legal definitions and capacities of individuals and legal persons. Furthermore, we will analyze the regulations pertaining to domicile and the vital functions of the Civil Registry, which meticulously records the civil status of citizens and residents.
The Federal Civil Code serves as the bedrock of Mexico's legal structure, guiding civil relations and individual rights.
Understanding these foundational elements is essential for anyone seeking to comprehend the intricacies of Mexican civil law, from the application of statutes to the recognition of legal capacities and the formal registration of life events. The Code's meticulous structure ensures clarity and order in the administration of justice and the protection of rights across the country.
Table of Contents
- Preliminary Provisions: The Foundation of Mexican Law
- Book One: From People
- Conclusion: The Enduring Framework of Mexican Civil Law
Preliminary Provisions: The Foundation of Mexican Law
The initial articles of the Federal Civil Code establish the overarching principles that govern its application and interpretation. These "Preliminary Provisions" are crucial as they dictate how the entire body of law functions, from its territorial scope to the fundamental rights it upholds. They ensure consistency and fairness in the legal system, setting the stage for more specific regulations.
Key aspects covered include the universal application of the Code within federal matters, the principle of legal equality between men and women, and the rules for the publication and effective date of laws. These provisions also address the critical concept of non-retroactivity of laws, safeguarding individuals from being penalized by laws enacted after their actions. Furthermore, they delineate the limits of individual will in waiving legal rights and the consequences of acting against prohibitory laws.
The Code also provides guidance for judicial decision-making when laws are silent, obscure, or insufficient, emphasizing resolution based on the letter of the law, legal interpretation, or general principles of law. It even offers directives for resolving conflicts between rights, prioritizing the avoidance of harm over the pursuit of profit. This section underscores the Code's commitment to justice and public interest.
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 form 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
Book One of the Federal Civil Code is dedicated to defining and regulating "People," encompassing both individuals (natural persons) and legal entities (moral persons). This section is fundamental to establishing who can hold rights and obligations within the Mexican legal system and how those capacities are recognized and exercised.
Title One: Of Individuals
Title One focuses specifically on natural persons, outlining the conditions under which legal capacity is acquired and lost. It emphasizes the protection of the unborn, recognizing legal rights from the moment of conception, provided the individual is born alive. This highlights a significant aspect of legal personhood in Mexico.
The Code also addresses legal restrictions such as minority and interdiction, clarifying that these are not meant to undermine dignity but rather to regulate the exercise of rights through representatives. Adults, conversely, are granted broad rights to dispose of their person and property, subject only to legal limitations. This balance ensures both protection for vulnerable individuals and autonomy for competent adults.
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
Legal persons, or moral entities, are distinct from individuals but are equally vital to the functioning of society and the economy. Title Two enumerates various types of legal persons, ranging from governmental bodies like the Nation, States, and municipalities, to private entities such as civil or commercial companies, trade unions, and professional associations. It also includes cooperatives, mutual societies, and other associations with lawful purposes, as well as foreign legal persons.
These entities are granted the capacity to exercise all rights necessary for their institutional objectives. Their actions and obligations are binding through their representative bodies, whether established by law or by their founding documents and bylaws. This framework ensures that organizations can operate legally, engage in commerce, and fulfill their societal roles with defined responsibilities and powers.
The Code defines legal entities, granting them rights and responsibilities within the Mexican legal system.
TITLE TWO
From Legal Persons
Article 25 .- They are legal persons:
I. The Nation States 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).
Title Three: From Address (Domicile)
The concept of "domicile" is crucial in civil law, determining where a person or entity is legally considered to reside for the exercise of rights and fulfillment of obligations. Title Three meticulously defines domicile for both individuals and legal persons, recognizing different types such as real residence, principal place of business, or simply where one is found.
For individuals, habitual residence is presumed after six months. The Code also specifies "legal domicile" for particular groups, including unemancipated minors, those under guardianship, spouses, military personnel, public servants, diplomats, and even those serving prison sentences. This detailed approach ensures that every person and entity has a legally recognized address, facilitating legal processes and communication.
Legal persons, on the other hand, are domiciled where their administration is established. The Code further clarifies that branches operating outside the parent company's main domicile are considered domiciled in their respective locations for the purpose of fulfilling local obligations. The ability to appoint a conventional domicile for specific obligations adds flexibility to legal arrangements.
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
The Civil Registry is an indispensable institution for maintaining accurate records of civil status, which are fundamental for establishing identity, rights, and familial relationships. Chapter I of Title Four outlines the general provisions for the Civil Registry, detailing the responsibilities of its judges and the procedures for recording various life events.
In Mexico City, Civil Registry Judges are tasked with authorizing and documenting acts such as births, recognitions of children, adoptions, marriages, divorces, and deaths for both Mexican and foreign residents. They also register judicial declarations of absence, presumption of death, guardianship, or limitations of legal capacity. These records are meticulously entered on special forms, typically in triplicate, ensuring their preservation and accessibility.
The Code strictly mandates that civil status can only be verified through these official records, with other forms of evidence being admissible only in specific, legally defined exceptions, such as when records are lost or illegible. Strict penalties, including removal from office, are imposed for violations like falsification of records or unauthorized entries, underscoring the gravity and importance of the Civil Registry's integrity.
The Civil Registry meticulously records vital life events, acting as a cornerstone of legal identity and rights.
The provisions also cover practical aspects like the issuance and renewal of forms, the transmission of copies to archives, and the rules for representation by special agents or attorneys in fact. The involvement of witnesses, preferably designated by stakeholders and even relatives, further reinforces the transparency and validity of the recorded acts. This comprehensive framework ensures that the Civil Registry remains a reliable and authoritative source of information on civil status.
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 pr...
Conclusion: The Enduring Framework of Mexican Civil Law
The Federal Civil Code of Mexico, through its preliminary provisions and initial books, lays down a robust and comprehensive framework for civil law in the nation. It meticulously defines the scope of legal application, establishes the equality of legal capacity, and outlines the precise rules for the promulgation and effect of laws. These foundational articles ensure a predictable and just legal environment for all inhabitants.
Furthermore, the Code's detailed treatment of individuals and legal persons, coupled with its clear definitions of domicile and the rigorous procedures of the Civil Registry, provides a solid legal identity and operational basis for every entity within Mexico. From the protection of the unborn to the formal registration of significant life events, the Code safeguards rights and enforces obligations, reflecting a commitment to order and fairness in civil society.
As a living document, subject to reforms and interpretations, the Federal Civil Code continues to be a dynamic force in shaping Mexican society. Its enduring principles remain vital for legal professionals, citizens, and foreign residents alike, offering clarity and stability in the complex landscape of civil relations. Understanding these core tenets is paramount for navigating the legal system effectively and upholding the rule of law.
Fuente: Contenido híbrido asistido por IAs y supervisión editorial humana.
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