Federal Civil Code of the United States of Mexico - THIRD BOOK Of Inheritance FIRST TITLE Preliminary Provisions

FEDERAL CIVIL CODE MEXICO

THIRD BOOK

Of Inheritance

FIRST TITLE

Preliminary Provisions

Section 1281 .- Inheritance is the succession to all assets of the deceased and all its rights and obligations are not extinguished by death.

Section 1282 .- Inheritance defers to the will of the testator or by operation of law. The first is called probate, and the second legitimate.

Section 1283 .- The testator may dispose of all or part of their property. The part you do not have is governed by the rules of legitimate succession.

Section 1284 .- The heir acquires under universal title and answer the charges of the estate to the extent of the amount of the assets inherited.

Section 1285 .- The legatee acquires individually and no more burdens than those imposed by the testator expressly without prejudice to its secondary liability to the heirs.

Section 1286 .- When the entire estate is distributed in legacies, the legatees will be considered as heirs.

Section 1287 .- If the author of heredity and their heirs or legatees perish in the same event or on the same day, without being able to find out for sure who died before, it will all be dead at the same time, and no place among them transmission of the inheritance or legacy.

Section 1288 .- In the author's death the heirs of the estate acquired the right to the estate as a common heritage, while there is division.

Section 1289 .- Each heir may have the right to have in the estate, but can not dispose of the things that make the succession.

Section 1290 .- A legatee becomes entitled to the legacy pure and simple and to-day way, from the moment of death of the testator.

Section 1291 .- The heir or beneficiary can not alienate his share in the inheritance but after the death of the one he inherited.

Section 1292 .- The heir of the property to a stranger wants to sell his hereditary right, should notify their heirs by a notary, judicially or by two witnesses, the bases or conditions in which the sale has been concluded, to than those within a period of eight days, exercising the right of preemption, if the heirs make use of that right, the seller is obligated to consummate the sale in their favor, according to concerted basis. The mere lapse of eight days, forfeit a point. If the sale is made omitting the notice required under this Article shall be null.

Section 1293 .- If two or more heirs as they will use the same right, they prefer to represent bigger share of the inheritance, and if the portions are equal, the fate decide who makes use of the law.

Section 1294 .- The right granted in Article 1292 shall cease if the disposal is a heir.

TITLE TWO

Succession by Testament

CHAPTER I

Wills in General

Section 1295 .- Will is a personal act, revocable and free, by which a person can have their property and rights and duties to meet stated or after his death.

Section 1296 .- There can be tested in the same act two or more persons, in mutual benefit and in favor of another.

Section 1297 .- Neither the subsistence of the appointment of the heir or legatees, or the designation of the amounts to which they relate, they can be left to a third party.

Section 1298 .- When the testator left as heirs or legatees to certain classes consist of unlimited number of individuals, such as the poor, orphans, blind, etc.. May rely on a third distribution of the amounts that leave for this purpose and the choice people who must be applied, observing the provisions in Article 1330.

Section 1299 .- The testator may entrust a third party to make the choice of acts of charity or public or private, are to be applied to bequeath property to that object, and the distribution of the amounts that correspond to each.

Section 1300 .- The provision made in vague terms for relatives of the testator, is understood to refer to the next of kin, according to the legitimate order of succession.

Article 1301 .- The provisions made universal or particular have no effect when expressed in a cause melting, which prove incorrect, if it was the only one who found the will of the testator.

Article 1302 .- Any testamentary disposition must be understood in the literal sense of the word, unless it appears with other states clearly that it was the will of the testator.

If in doubt about the intelligence or interpretation of a testamentary disposition, you will notice what seems more in keeping with the intention of the testator, under the terms of wills and ancillary test in this regard to give those concerned.

Article 1303 .- If a will is lost by an event ignored by the testator, or by being hidden by someone else, be interested if you enforce them fully demonstrate the fact of the loss or concealment, also fail to see how content the same will and filled in granting all the legal formalities.

Article 1304 .- The expression of an unlawful reason, even if true, shall be deemed not written.

CHAPTER II

The capacity to make

Article 1305 .- Can test all those whom the law does not expressly prohibit the exercise of that right.

Article 1306 .- Are unable to test:

I. Children who have not sixteen years old, male or female;

II. Those who habitually or accidentally not enjoy their right mind.

Article 1307 .- Is valid will made by a madman in a lucid interval, so that the effect observed following provisions.

Article 1308 .- Whenever a madman intends to make a will in a lucid interval, the tutor and failing that, the family of one, submit a written request to the Judge concerned. The judge appointed two doctors, preferably experts in the field, to examine the patient and ruling on his mental state. The judge is obliged to attend the examination of the patient and ask few questions may deem appropriate, to ensure its ability to test.

Section 1309 .- Note shall be the result of formal recognition.

Article 1310 .- If this is favorable, proceed at once to the formation of a will before a notary public, with all the formalities required to open public wills.

Section 1311 .- Signed the document in addition to the notary and witnesses, the judge and the doctors who spoke for the recognition, standing at the foot of the will, express understanding that during the event the patient remained perfectly lucid trial, and without this requirement and their perseverance, the will is void.

Section 1312 .- To judge the capacity of the testator will pay particular attention to the state in which it is making the will.

CHAPTER III

Capacity to inherit

Section 1313 .- Everyone in the Federal District of any age who are, have the capacity to inherit, and can not be deprived of it in an absolute, but relative to certain people and certain assets, they can lose on any of the following causes:

I. Lack of personality;

II. Crime;

III. Presumed influence contrary to freedom of the testator, or the truth or completeness of the will;

IV. Lack of international reciprocity;

V. Public utility;

VI. Resignation or dismissal of a charge given in the will.

Article 1314 .- They are unable to acquire by will or by intestacy, because of lack of personality, those not conceived at the time of death of the author of the inheritance, or conceived when not feasible, as provided in Article 337.

Section 1315 .- It will, however, valid provision made for children who were born of true and certain individuals during the life of the testator.

Section 1316 .- They are incapable of inheriting by will or by intestacy:

I. Anyone who has been convicted for having, sent or attempted to kill the person whose succession is in question, or parents, children, spouse, or her brothers;

II. Anyone who has done against the author of the succession, ascendants, descendants, siblings or spouse, an accusation of a crime deserving death or imprisonment, even if it is founded, where his descendant, his influence, his spouse or his brother unless that act was necessary to allow the prosecutor to save his life, his honor, or their descendants, parents, siblings or spouse;

III. The spouse of a trial has been declared an adulterer, if it is happening to the innocent spouse;

IV. The author of the adulterer, whether it be the succession of this or the innocent spouse;

V. Anyone who has been convicted of a crime worthy of imprisonment, committed against the author of the inheritance of your children, your spouse, your parents or your siblings;

VI. The father and mother towards the child exposed to them;

VII. The ancestors to forsake corrompieren prostitute or their descendants, for the offended;

VIII. Other relatives of the author of the inheritance, with obligation to provide food, not been met;

IX. Relatives of the author of the inheritance, finding it impossible to work without resources, take care not to pick or collect it in charitable institutions;

X. Which use violence, deceit or fraud by one person to do, stop or reverse its will;

XI. Which under the Criminal Code, was guilty of suppression, substitution or assumption infant, provided it is the inheritance that should correspond to this or people who have been harmed or attempted damage to such acts.

XII .- Anyone who has been convicted of a crime committed against the author of the inheritance.

Section 1317 .- It will also apply the provisions of Section II of the previous article, although the author of the inheritance be not a descendant, parent, spouse or sibling of the accused if the charge is declared libelous.

Section 1318 .- When the aggrieved party of any of the ways stated in Article 1316, forgive the offender, he will regain the right to succeed to the victim, by intestacy, if forgiveness is made by declaration made true or infallible.

Section 1319 .- The ability to succeed by will only recover if known after the injury, the injured instituted heir to the offender or confirms its previous institution with the same formalities that are required for testing.

Section 1320 .- In cases of intestacy, the descendants of the incapable to inherit under Article 1316, shall inherit the author of the series and should not be excluded by the absence of his father, but it can not, under any circumstances, take the goods of the succession, enjoyment, or the administration that the law accords to parents about their children's goods.

Section 1321 .- Presumption of influence against the freedom of the inheritance, are unable to acquire by will of the child, guardians and conservators, unless they are instituted before being appointed to the post or after the older of the former, be approved and the guardianship accounts.

Section 1322 .- The inability referred to in the preceding article does not include the ancestors or siblings of the child, observed in his case the provisions of Section X of Article 1316.

Section 1323 .- On the presumption against the freedom of the testator, are incapable of inheriting by will, the doctor who has attended one during his last illness, if then made his testamentary disposition, as well as the spouse, ascendants, descendants and siblings of the physician, not be instituted heirs are also heirs.

Section 1324 .- Presumption of influence from the truth and integrity of the will, are unable to inherit, the notary and the witnesses at him, their spouses, children, parents or siblings.

Section 1325 .- The ministers of religion can not be heirs by will of the ministers of the same religion or an individual with whom are not related within the fourth degree. Disability have the same ancestors, descendants, spouses and siblings of ministers in relation to persons to whom they have provided any kind of spiritual help during the disease who are deceased or spiritual directors who have been the same ministers.

Section 1326 .- The notary who knowingly authorizes a will in which contravenes the provisions of the three preceding articles, shall suffer the penalty of deprivation of office.

Section 1327 .- Foreigners and legal persons, are capable of acquiring property by will or by intestacy but its capacity has the limitations set forth in the Constitution of the United Mexican States and the respective regulatory laws of the constitutional articles. In the case of foreigners, also observe the provisions of the following article.

Article 1328 .- For lack of international reciprocity, are incapable of inheriting by will or by intestacy, the inhabitants of Mexico, aliens, according to the laws of your country, can not make a will or by intestacy to leave their property in favor of Mexicans.

Section 1329 .- The inheritance or legacy that is left to a public, imposing a levy or under any condition, shall be valid if the government approves them.

Rule 1330 .- Testamentary dispositions made in favor of the poor in general or the soul, shall be governed by Articles 75 to 87 of the Law of Private Charity. Those made for churches, sects or religious institutions, be subject to the provisions of Article 27 of the Federal Constitution and 88 of the aforementioned Law of Charities.

Section 1331 .- Resignation or removal from office, are incapable of inheriting by will, which appointed the guardian, guardians or trustees, have refused, without just cause, office, or misconduct have been legally separated from their exercise.

Section 1332 .- Nothing in the first part of the previous article, does not include those who, by the judge dismissed the excuse, have served the charge.

Section 1333 .- People called by law to perform legitimate guardianship and who refuse to perform their duties without just cause are not entitled to inherit from those incapable of who should be guardian.

Section 1334 .- For the heir to happen, just to be able at the time of death of the author of the inheritance.

Section 1335 .- If the institution is conditional, you will need also the heir is able at the time that the condition.

Section 1336 .- The heir by will, he dies before the testator or before the condition, the unable to inherit and to renounce any right succession passed to his heirs.

Section 1337 .- In cases of inheritance previous article belongs to the heirs of the testator, unless he has had nothing.

Section 1338 .- Whoever inherits rather than excluded, have the same legal position and status that had been made.

Section 1339 .- The debtors were sued hereditary and not having the character of heirs, shall not rely on, who is in possession of the right of heir or legatee, except for disability.

Section 1340 .- Except in cases falling under sections X and XI of Article 1316, the inability to inherit referred this article also diminishes food entitlements by law.

Article 1341 .- The failure does not produce the effect of depriving the ward than we perceive, but after the declaration in court at the request of an interested party and may not promote the judge ex officio.

Section 1342 .- No action can be inferred from the failure to declare, after three years since the ward is in possession of the inheritance or legacy, except in the case for incapacity in view of public interest at all times which can be enforced.

Section 1343 .- If it came into his inheritance and lost after disability, have alienated or encumbered all or part of the property before being called at trial to discuss your disability and any one with whom he had contracted in good faith the contract shall continue, but the heir could not be liable to compensate the rightful of all damages.

CHAPTER IV

Of the conditions that can be put in the Testaments

Section 1344 .- The testator is free to set conditions to dispose of their property.

Section 1345 .- The conditions imposed on the heirs and legatees, as that is not prevented in this Chapter shall be governed by the rules established for conditional obligations.

Section 1346 .- The lack of any conditions imposed on the heir or legatee, not harm them if they have used every means to accomplish it.

Section 1347 .- The physical condition or legally impossible to give or do, imposed on the heir or legatee, cancel your institution.

Section 1348 .- If the condition that it was impossible at the time of grant will, ceases to be the death of the testator shall be valid.

Section 1349 .- It is no institution made under the condition that the heir or legatee in his will made any provision for the testator or another person.

Section 1350 .- The only condition for a time suspended the execution of the will not prevent the heir or legatee acquire the right to inheritance or legacy and transmit it to their heirs.

Section 1351 .- When the testator has not designated time for performance of the condition, the thing bequeathed retained by the executor, and the partition is done competently ensure the right of the legatee in the event fulfilled the condition, Noting further the provisions to the partition when one of the heirs is conditional.

Section 1352 .- If the condition is purely facultative to give or do something, and has been charged with her offer to comply, but he to whom it refuses to accept the established thing or fact, the condition is fulfilled.

Section 1353 .- The condition shall be fulfilled authority is even if the heir or legatee has rendered the thing or made before the will was granted, unless the provision can be repeated, in which case it is not mandatory but if the testator had knowledge of the first.

Section 1354 .- In the final event of the preceding article, it is the legacy to be paid by proof that the testator had knowledge of the first delivery.

Section 1355 .- The condition of not giving or not doing, it shall be null and void.

The condition not to contest the will or any provision contained therein, on pain of losing the character of heir or legatee, shall be null and void.

Section 1356 .- When the condition is casual or mixed enough to be performed at any time, dead or alive, the testator, if it has not provided otherwise.

Section 1357 .- If the condition has served to be ignoring the will the testator, it shall be fulfilled, more if he did, will only be fulfilled if it can no longer exist or be fulfilled again.

Section 1358 .- The condition imposed on the heir or legatee, of taking or not taking the state, shall be null and void.

Section 1359 .- It may, however, be left to any use or room, periodic alimony or usufruct equal to that pension by the time you are single or widowed. Alimony shall be in accordance with the provisions of article 311.

Section 1360 .- The condition has been met there the person who won, goes back to the time of the testator's death, and since then have paid the fruits of inheritance or bequest, unless the testator expressly provided otherwise.

Section 1361 .- The burden of doing something regarded as conditions precedent.

Section 1362 .- If time has not been reported to carry the load, nor is by its very nature any, shall be complied with Article 1351.

Section 1363 .- If the legacy be from periodic benefit, due to end on a day that are unsure whether he will or not, come on, the legatee will be taken over all the features that correspond to that day.

Section 1364 .- If the day should begin the legacy was safe, whether they know it or not when to arrive, to be supplied by the thing bequeathed, shall, with respect to it, rights and obligations of the usufructuary.

Section 1365 .- In the case of the preceding article, if the legacy is periodic benefit, which must pay for everything endorses the intermediate and complies with the provision to starting the appointed day.

Article 1366 .- When the legacy should end on a day that is sure to be arriving, they deliver the thing or amount bequeathed to the legatee, who deemed it beneficial.

Section 1367 .- If the treatment consists of periodic benefit legacy, the legatee the owners of all amounts due to the appointed day.

CHAPTER V

Capital Goods which can dispose by will and Testament inofficious

Section 1368 .- The testator must leave food to people who are mentioned in the following fractions:

I. The descendants under 18 for which you have a legal obligation to provide food at the time of death;

II. The descendants who are unable to work, whatever their age, when there is an obligation referred to in the preceding section;

III. The surviving spouse when you are unable to work and do not have sufficient means. Unless otherwise expressly provided the testator, this right does not subsist in both marry and live honestly;

IV. A ascendants;

V. The person with whom the testator lived as his spouse for the 5 years immediately preceding his death or who had children, provided both have remained free of cohabitation and marriage during the survivor is unable to work and not have sufficient means. This right shall continue only while the person concerned is not getting married and good behavior. If there are several people with whom the testator lived as if they were your spouse, none has the right to food;

VI. The brothers and other collateral relatives within the fourth degree, if they are disabled or as non eighteenth birthday, if they have assets to meet their needs.

Section 1369 .- No obligation to provide food, but in the absence or inability of the closest relatives in degree.

Section 1370 .- No obligation to provide food to people who have assets, but if having them, your product does not equal the pension that would apply, the obligation is reduced to what is missing to complete.

Section 1371 .- To be entitled to be fueled at the time it takes the death of the testator in some cases set out in Article 1368, and that right ceases as soon as no longer interested in the conditions referred to in the article, observe misconduct or purchase goods, apply in this case the provisions of the preceding article.

Section 1372 .- The right to receive food is not waived and can not be traded. Child support is set and ensure compliance with the provisions of Articles 308, 314, 316 and 317 of this Code, for any reason exceed the product of the portion in case of intestacy correspond to who is entitled to the pension or lower half of such products. If the testator has fixed alimony, shall continue its designation, whatever, provided that not less than the minimum set forth above. With the exception of the articles cited in this Chapter do not apply to food caused by inheritance, the provisions of Chapter II, Title VI of the First Book.

Section 1373 .- When the estate was not enough to provide food to all persons listed in Article 1368, will observe the following rules:

I. They minister to the descendants and the surviving spouse in proportion;

II. Covers pensions referred to in the preceding section, it will minister in proportion to the ancestors;

III. Then he also ministered in proportion to the brothers and his concubine;

IV. Finally, it also will minister in proportion to the other collateral relatives within the fourth degree.

Section 1374 .- It inofficious testament that do not get child support, as provided in this chapter.

Section 1375 .- The preferred will have only right to give the corresponding pension, surviving the will in everything that does not undermine that right.

Section 1376 .- Alimony is charge of the estate, unless the testator has taxed her to some of the partakers of the inheritance.

Section 1377 .- Notwithstanding the provisions of Article 1375, the posthumous child shall be entitled to full portion as the legitimate heir would fall if there is no will, unless the testator expressly provided otherwise.

CHAPTER VI

Heir of the Institution of

Section 1378 .- The awarded will be legally valid, but contains no appointment of an heir and although the name does not accept the inheritance or unable to inherit.

Section 1379 .- In the three cases mentioned in the preceding article, shall comply with other provisions were made testamentary under the laws.

Section 1380 .- Notwithstanding the provisions of Article 1344, the appointment of the day should start or stop the appointment of an heir, it shall be null and void.

Section 1381 .- Heirs instituted without designation of the part that corresponds to each will inherit equally.

Article 1382 .- The heir instituted in certain thing and should be determined by legatee.

Article 1383 .- Although the testator name some heirs individually and others collectively, as if to say, my heirs Established by Peter and Paul and the children of Francis, named collectively as if they were considered individually, unless you know in a clearly has been another the testator.

Section 1384 .- If the testator establishes his brothers, and has only a father, only mother and father and mother, the estate will be divided as in the case of intestacy.

Section 1385 .- If the testator called to the succession to a certain person and his sons shall be all simultaneously instituted and on.

Article 1386 .- The heir must be institutions designated by its name, and if there are several that carry the same name, other names should be added to distinguish the circumstances that you want to name.

Article 1387 .- Although it has omitted the name of the heir if the testator may designate otherwise would not be able to doubt who you are, it will be an institution.

Section 1388 .- The error in the name, surname or qualities of the heir does not vitiate the institution, if otherwise Suggests certainly what the person appointed.

Section 1389 .- If among several individuals of the same name can not be known circumstances who wanted to appoint the testator, none will be heir.

Section 1390 .- Any provision for uncertain person or thing can not be identified will be void, unless for some events may be true.

CHAPTER VII

Of Legacies

Section 1391 .- When there are no special provisions, the legatees shall be governed by the same rules as the heirs.

Section 1392 .- The legacy can be to the benefit of the thing or of any event or service.

Section 1393 .- Legacy has no effect if the act of the thing bequeathed testator loses shape and the determined denomination.

Section 1394 .- The testator can not only taxing bequests to heirs, but to the same beneficiaries.

Section 1395 .- The thing bequeathed shall be delivered with all accessories and the state in which it is the death of the testator.

Section 1396 .- The expenses necessary for the delivery of the thing bequeathed, the legatee will be paid, unless the testator to the contrary.

Section 1397 .- The legatee can not accept part of the legacy and reject another.

Section 1398 .- If the legatee dies before accepting a legacy and leaving several heirs, one of them can accept and a repudiation of his share in the legacy.

Section 1399 .- If you leave two legacies and one off payment, the legatee may not waive it and accept that it is not. If both are onerous or free, is free to accept or reject all those who want.

Section 1400 .- The heir who is both legatee, may waive the inheritance and accept the legacy, or give it and accept it.

Article 1401 .- A creditor whose claim is not covered except by will, be taken for legal purposes as a legatee preferred.

Article 1402 .- When bequeath something with all that he understands, shall not include supporting documents bequests of property, assets or credits, unless they are specifically mentioned.

Article 1403 .- The legacy of the furniture of a house only covers the property referred to in Article 761.

Article 1404 .- If the willing property acquisitions added later, they did not understand the legacy, albeit contiguous, if no new declaration of the testator.

Article 1405 .- The statement referred to in the preceding Article is not required, for necessary improvements, equipment or volunteer made on the same site.

Article 1406 .- A legatee may demand that the Crown granted bail in all cases that may require the creditor.

Article 1407 .- If only there legatees, they may be required together the constitution of the necessary mortgage.

Article 1408 .- The legatee can not take on his own authority the thing bequeathed, must ask for delivery and possession of the executor or the executor special.

Article 1409 .- If the thing bequeathed to the legatee abide in, the latter may retain, subject to return in case of reduction as appropriate according to law.

Article 1410 .- The amount of contributions for the legacy, be deducted from the value of this unless the testator provides otherwise.

Article 1411 .- If the entire estate is distributed in legacies, be apportioned debts and charges of it between all partners in proportion to their quotas, unless the testator provided otherwise.

Article 1412 .- The legacy is void if the thing bequeathed the testator dies living if eviction is lost, out of the case under Article 1459, or dies after the death of the testator, through no fault of the heir.

Article 1413 .- Is also superseded the legacy, if the testator disposes of the thing bequeathed, but it recovers if a legal title.

Article 1414 .- If the assets of the estate do not cover all the legacies, the payment will be made in the following order:

I. Legacies remunerative;

II. Legacies of the testator or the Act has declared preference;

III. Legacies of a certain and determinate thing;

IV. Legacies of food or education:

V. Other pro rata.

Article 1415 .- The legatees are entitled to claim a third party the thing bequeathed, whether real or root, so be certain and determined, observing the provisions for the acts and contracts entered into which appear in the Public Registry eligible for it, with third in good faith that register.

Article 1416 .- A legatee who dies of a good fire after the death of the testator is entitled to receive insurance indemnity if the thing was assured.

Article 1417 .- If the will is declared void after paying the legacy, the action of the true heir to recover the thing bequeathed proceeds against the legatee and not the other heir, unless he has made with malice partition.

Section 1418 .- If the heir or legatee renounces the succession, the burden will be imposed shall be paid only the amount you are entitled to the resigned.

Section 1419 .- If the load consists of the execution of an event, the heir or legatee to accept the succession is bound to lend.

Section 1420 .- If the legatee who is not receiving any lien imposed the legacy, the burden will be reduced proportionately and if you get evicted, you can repeat what you have paid.

Article 1421 .- Alternative in the legacies of choice is the heir if the testator did not expressly granted to the legatee.

Section 1422 .- If the heir has the option, may deliver the thing of less value, if the choice is up to the legatee may demand the thing of greatest value.

Section 1423 .- In alternative legacies also be observed, the provisions for alternative obligations.

Section 1424 .- In all cases where he has the right to make the choice is unable to do it, will make his legal representative or heirs.

Section 1425 .- The judge at the request of a legitimate, make the choice, if the term that should make the point not the person entitled to do it.

Article 1426 .- The choice made is legally irrevocable.

Section 1427 .- The legacy is void where the testator makes own thing individually determined that at the time of his death is not in their heritage.

Section 1428 .- If the thing mentioned in the preceding article, there is inheritance, but not how much or appointed, you will have the legatee, if any.

Section 1429 .- When the legacy is specific and definite thing, typical of the testator, the legatee acquires property from which he dies and his fruit pending and future, unless the testator has provided otherwise.

Section 1430 .- The thing bequeathed in the case of the preceding Article shall run from the moment at the risk of the legatee, and in their loss, increase or decline further, observe the provisions of the obligations to give, in case you get lost, deteriorate or increase certain thing that must be delivered.

Section 1431 .- When the testator, the heir or the legatee only have a certain part or right in the thing bequeathed, the legacy will be restricted to that part or right, if the testator expressly declares that he knew one thing to be part of another, and despite this, bequeathed in its entirety.

Section 1432 .- The legacy of another's property if the testator knew that what was valid and the heir is obliged to purchase it for delivery to the legatee or give it a price.

Section 1433 .- Proof that the testator knew that the thing was alien, it is the legatee.

Section 1434 .- If the testator did not know that was alien to the thing bequeathed, the legacy is void.

Section 1435 .- It is valid if the testator's legacy, after given the will, becomes the thing that was not theirs to grant it.

Section 1436 .- The legacy is void of thing to be given the will belongs to the same legatee.

Section 1437 .- If the thing bequeathed is somewhere in the testator or a third party knowing that, as to which they belong, that is the legacy.

Section 1438 .- If the legatee acquires the thing bequeathed issued after the will is understood legacy its price.

Section 1439 .- It's true legacy made to a third thing itself the heir or a legatee who, if they accept the succession, shall deliver the thing bequeathed or price.

Section 1440 .- If the testator was aware that the thing itself the heir or the legatee, the legacy is void.

Section 1441 .- The legacy is to return the thing received in pledge, or title establishing a mortgage, only extinguishes the right of pledge or mortgage, but not the debt, unless so expressly prevented.

Section 1442 .- Nothing in the preceding article shall also be observed in the legacy of a bond, whether made to the surety and the principal debtor.

Section 1443 .- If the thing bequeathed is given as collateral or mortgaged, or given out after the will, the exercise or redemption will be paid by the estate unless the testator expressly provided otherwise.

If not paying the obligation, under the previous paragraph, do so the legatee, it will be taken over the place and creditor's rights to claim against it.

Any other charge, perpetual or temporary, to which it is affecting the thing bequeathed, the legatee about it, but in both cases the rents and revenues accrued to the death of the testator are a charge on the estate.

Section 1444 .- The legacy of debt made to the obligor extinguishes the obligation and must fulfill the legacy is obliged not only to give the debtor the proof of payment, but also to carry the clothes, to cancel mortgages and bonds and free the legatee of all responsibility.

Section 1445 .- Legacy title, whether public or private, of a debt, the term is handed down, observing the provisions of Articles 1441 and 1442.

Section 1446 .- A legacy made to the creditor does not pay the loan, unless the testator expressly stated.

Section 1447 .- In case of compensation, if the values ​​were different, the creditor is entitled to collect the excess of the credit or the legacy.

Section 1448 .- Through a legacy of the debtor may improve the condition of his creditor, by pure conditional credit, mortgage, simple or mandatory since then it is a term, but this improvement does not harm in any manner the privileges of other creditors.

Section 1449 .- A legacy made to a third of a credit in favor of the testator, effect only on the loan is unpaid at the time of opening of the succession.

Section 1450 .- For the previous article, which must meet the legacy given to the legatee the title of credit and will yield all actions pursuant to it correspond to the testator.

Section 1451 .- In pursuance of the preceding article, which must pay the legacy is entirely free from the obligation of sanitation and any other liability, whether from this the same title, and insolvency of the debtor or his sureties, and other causes .

Section 1452 .- The legacies of the articles that speak 1444 and 1449, include interest on the loan or debt due to the death of the testator.

Section 1453 .- These legacies survive even if the testator has sued the debtor if payment is not made.

Section 1454 .- The legacy generic release or forgiveness of debts, comprises only those existing at the time of grant and will not post.

Section 1455 .- The legacy of movable undetermined, but fall within certain genre, will be valid, although the estate does not have anything of the kind that belongs to the thing bequeathed.

Article 1456 .- For the previous article, the election is to be paid by the legacy who, if things exist, meets provide a medium quality, and may, otherwise, buy one of the same quality or the price paid to the legatee corresponding prior agreement or opinion of experts.

Section 1457 .- If the testator expressly grants the election to the legatee, he may, if there are several things of particular gender, to choose the best, but if there are not may require only a medium quality or price has been applied.

Section 1458 .- If the property regardless of indeterminate thing, only there will be worth the inheritance bequeathed several of the same gender for the election shall follow the rules laid down in Articles 1456 and 1457.

Section 1459 .- The party responsible for the delivery of legacy respond in case of eviction if the thing be undetermined and marked only by genus or species.

Section 1460 .- The legacy of the species, the heir must deliver the same thing bequeathed, in case of loss provisions will be observed for the obligations to deliver certain thing.

Section 1461 .- The legacies of money payable in that species, and if there is none in the estate, the proceeds of goods sold for that purpose.

Section 1462 .- The legacy of thing or amount deposited in designated place, only subsist in part it is.

Section 1463 .- The legacy of hard food while living the legatee, unless the testator has directed that last less.

Section 1464 .- If the testator does not indicate the amount of food, observe the provisions of Chapter II, Title VI of the First Book.

Section 1465 .- If the testator accustomed in life give the legatee a certain sum of money by way of food, means bequeathed the same amount, if not shown in proportion to the amount outstanding of inheritance.

Section 1466 .- The legacy of education lasts until the legatee of the younger leaves.

Section 1467 .- Cesa also the legacy of education, if the legatee, during the minority, you get a profession or occupation with which to survive, or if married.

Section 1468 .- The legacy pension, whatever the amount, purpose and timing, running from the death of the testator is due at the beginning of each period, and the legatee who had endorsed the right to charge, though he die before the end period started.

Section 1469 .- The legacies of usufruct, use, habitation, or easement, shall continue during the lifetime of the legatee, unless the testator disposes lasting less.

Section 1470 .- Only last twenty years the legacy of the previous article, if they are left to a corporation that hath ability to acquire them.

Section 1471 .- If the thing bequeathed would be subject to usufruct, use or habitation, the legatee shall supply to legally extinct, but the heir is under the obligation of any kind.

CHAPTER VIII

Of substitutions

Section 1472 .- The testator can replace one or more people to the heir or heirs instituted in case they die before him, or who are unable or unwilling to accept the inheritance.

Section 1473 .- Substitutions are prohibited trustees and any other different from that in the previous article, whatever form that magazine.

Section 1474 .- Substitutes may be appointed jointly or successively.

Section 1475 .- The substitute's substitute, where this is, it is the heir replaced.

Section 1476 .- Substitutes will receive their inheritance with the same charges and conditions to be the heirs, unless the testator expressly provided otherwise, or that the charges were merely personal or conditions of the heir.

Section 1477 .- If heirs instituted in unequal parts are replaced each other in the substitution will have the same parts in the institution, unless otherwise clearly appear to have been the testator.

Section 1478 .- The invalidity of the replacement trustee regardless of the institution, or the legacy, taking only unwritten clause trustee.

Section 1479 .- No trustee is deemed the provision in the testator leaves property of all or part of its assets to a person and the usufruct to another, unless the owner or beneficial owner will be obliged to transfer the property to his death or usufruct to a third party.

Section 1480 .- Can the father leave part or all of his possessions to his son, load transfer to the child or children that hath to the testator's death, taking into account the provisions of Article 1314, in which case the heir will be considered as beneficial.

Section 1481 .- The provision authorizing the preceding article shall be null when the transmission of goods should be made to descendants of later grades.

Section 1482 .- Trustees are considered and, therefore, prohibited provisions containing prohibitions to alienate, or to call a third of what remains of the estate by the death of the heir, or charged with giving more than one person on a certain income or pension.

Article 1483 .- The obligation imposed on the heir to invest certain amounts in charitable works, including pensions for students, for the poor or for any charitable institution, is not covered by the prohibition in the preceding article.

If the load is imposed on real estate and temporarily, the heir or heirs may dispose of the property taxed, while maintaining the tax while the registration does not cancel it.

If the load were perpetual, the heir may capitalize and impose capital and sufficient interest first mortgage.

Capitalization and imposition of capital will be the appropriate authority to intervene, and after hearing the interested parties and the Attorney General.

CHAPTER IX

Invalidation, Revocation and Revocation of Wills

Section 1484 .- The institution is no heir or legatee reports or statements made in secret.

Section 1485 .- The will is void made by the testator under the influence of threats against his person or property, or against the person or property of his spouse or relatives.

Section 1486 .- The testator is found in the case of the preceding article, may, after the cessation of violence or enjoy complete freedom, defended their will with the same solemnities which if granted again. Otherwise it will be no revalidation.

Section 1487 .- Captured the will is void for fraud or fraud.

Section 1488 .- The judge who hath any news that prevent another test, it shall without delay in the second house to ensure the exercise of its right, and will document stating that the fact that his presence has motivated the person or persons cause violence and the media to this effect have used or attempted use, and if the person whose freedom protects the right uses.

Section 1489 .- The will is void where the testator executed and does not express a clear intention, but only by signs or monosyllables in response to questions put to him.

Section 1490 .- The testator can not prohibit the will is challenged in cases where it should be void under the law.

Section 1491 .- A will is null when granted in contravention to the forms prescribed by law.

Section 1492 .- Are invalid waiver of the right to test and any clause that is obliged not to use that right, but under certain conditions, be they the kind whatever.

Section 1493 .- The waiver of the right to revoke the will is invalid.

Section 1494 .- The previous will is revoked as of right by the back perfect, if the testator expressed in his will that he that persists in whole or in part.

Section 1495 .- Revocation effect while the second will expire by the incapacity or resignation of the heir or legatees re-appointed.

Section 1496 .- The former will recover, however, its force if the testator, revoking the later claims to be his will that subsists.

Section 1497 .- Testamentary dispositions expire and have no effect in regard to heirs and beneficiaries:

I. If the heir or legatee dies before the testator or before the condition of having jurisdiction over the inheritance or legacy;

II. If the heir or legatee is incapable of receiving the inheritance or legacy;

III. If you waive your right.

Section 1498 .- The bequest containing status unknown past or present event, the news does not expire but the fact is acquired after the death of the heir or legatee, whose rights are transferred to their heirs.

THIRD TITLE

Form of Testaments

CHAPTER I

General Provisions

Section 1499 .- The will, in terms of its form, is ordinary or special.

Section 1500 .- The ordinary can be:

I. Public open;

II. Enclosed public, and

III .- Public simplified, and

IV .- Holograph.

Article 1501 .- The special can be:

I. Private;

II. Military

III. Maritime and

IV. Made in a foreign country.

Article 1502 .- No witnesses will be:

I. The scribes of the notary who has authorized it;

II. Children under sixteen;

III. Those who are of sound mind;

IV. The blind, deaf or dumb;

V. Those who do not understand the language spoken by the testator;

VI. The heirs or legatees, descendants, ancestors, spouse or siblings. The contest to witness one of the people referred to this fraction, only produces the effect of the invalidity of the provision that benefits mentioned her or her relatives;

VII. Those who have been convicted of the crime of forgery.

Article 1503 .- When the testator ignore the country's language, an interpreter appointed by the testator himself concur to act and sign the will.

Article 1504 .- Both the notary and witnesses involved in any will be known to the testator or somehow make sure of their identity, and that is of sound mind and free from any coercion.

Article 1505 .- If the identity of the testator is unable to be verified, this circumstance shall be declared by the notary or witness in his case, adding one or the other, all the signals that characterize the person.

Article 1506 .- In the case of the preceding article, shall not be valid until the will justify the identity of the testator.

Article 1507 .- Notaries are prohibited and any other persons to draft provisions of last will, leaving blank pages and use abbreviations or numbers, under penalty of a fine of five hundred dollars to notaries and half those who were not so .

Article 1508 .- The notary who has authorized the will, must give notice to interested parties know after the death of the testator. If it does, is responsible for the damages that the delay may cause.

Article 1509 .- Nothing in the preceding article shall also be observed by anyone in possession of a will.

Article 1510 .- If stakeholders are absent or unknown, the news will be the judge.

CHAPTER II

Open Public Testament

Section 1511 .- Testament is the open public notary is granted in accordance with the provisions of this Chapter.

Article 1512 .- The testator expressed in a clear and conclusive its will to the notary. The notary shall draw up in writing the terms of the will, strictly subject to the will of the testator and read aloud to state whether it agrees. If we were, writing signed by the testator, the notary and, where appropriate, witnesses and interpreter, settling the place, year, month, day and time which has been granted.

Section 1513 .- In the cases provided for in Articles 1514, 1516 and 1517 of this Code and when the testator or notary request, two witnesses must attend the award ceremony and sign the will.

The instrumental witnesses referred to in this article may act also as witnesses to knowledge.

Section 1514 .- When the testator declares that he does not know or can not sign the will, a witness to ask the testator sign and it prints its fingerprint.

Section 1515 .- (Repealed).

Article 1516 .- That was entirely deaf, but who can read, you should announce your will, otherwise knew or unable to do so, appoint a person reading your name.

Section 1517 .- When the testator is blind or can not or will not read, will read the testament twice: once by the notary, as prescribed in Article 1512, and another, equally, by a witness or other person designate the testator.

Section 1518 .- When the testator ignore the language of the country if you can write your will, it will be translated into Spanish by the interpreter referred to in Article 1503. The translation will be transcribed as in the respective protocol and the original, signed by the testator, the interpreter and the notary, was filed in the appropriate appendix of the notary involved in the act.

If the testator is unable or unwilling to write, the artist writes his will dictates that and read and approved by the testator, be translated into Spanish for the interpreter to attend the opening ceremony, made the translation shall be as provided in paragraph above.

If the testator is unable or unwilling to read, teach in his testament language interpreter. Translated this, the procedure described in the first paragraph of this article.

In this case the interpreter may act also as a witness of knowledge.

Section 1519 .- The formalities specified in this chapter are carried out in a single act that begin with the reading of the will and the notary attesting to having completed those.

Section 1520 .- Lacking any of the said feasts, the will be no effect, and the Notary will be responsible for the incurred damages and also the penalty of loss of trade.

CHAPTER III

Closed Public Testament

Section 1521 .- The enclosed public will can be written by the testator or by another person at his request, and on plain paper.

Section 1522 .- The testator must initial all the leaves and the will signing below, but if they knew or unable to do so, you initialed and signed by another person at his request.

Section 1523 .- In the case of the preceding article, the person who initialed and signed by the testator, it shall concur with the submission of sealed bids, in this act, the testator shall declare that person initialed and signed on its behalf and shall sign the covered with witnesses and the notary.

Section 1524 .- The paper on which is written will or that serves as a cover, must be closed and sealed, or will close and seal the testator in the act of execution, and display it to the notary in the presence of three witnesses.

Section 1525 .- The testator, in making the presentation, declared that in that statement is contained his last will.

Section 1526 .- The Notary shall record the grant, with the expression of the formalities required in the previous articles, this record must be on the cover of the will, which bears the stamps for stamp and be signed by the testator, the witnesses and the notary , who also put his seal.

Article 1527 .- If any of the witnesses should not know how to sign, call someone else to do in his name and presence, so you always have three signatures.

Section 1528 .- If giving a presentation of the will the testator is unable to sign, will do it on his behalf and in his presence, and should not do any of the witnesses.

Section 1529 .- Only in extremely urgent cases may sign one of the witnesses, either you do not know, either by the testator. The notary to state expressly that circumstance, under the penalty of suspension from office for three years.

Section 1530 .- Those who can not or can not read are unfit for testament.

Section 1531 .- The deaf-mute testament may do provided that it is all written, dated and signed by his own hand, and to present to the Notary before five witnesses, type in the presence of all on deck at that statement contained his last will, and is written and signed by him. The notary declared the minutes of the deck was written by the testator and, Noting further the provisions of Articles 1524, 1526 and 1527.

Section 1532 .- For the previous article, if the testator can not sign the cover, observe the provisions of Articles 1528 and 1529, attesting to the Notary of the choice that the testator made of one of the witnesses to sign for it.

Section 1533 .- That is just dumb or just dull, closed will be done provided it is written in his handwriting, or written by another, and the testator write and sign the note in his own handwriting, subject to the other solemnities necessary for this kind of wills.

Section 1534 .- The testament that lacks any of the aforesaid formalities, shall terminate, and the notary is responsible under the terms of Article 1520.

Section 1535 .- Closed and authorized will be issued to the testator and the notary will reason in the protocol of place, time, day, month and year that the will was approved and delivered.

Section 1536 .- For the infringement of the above article does not invalidate the will, but the notary shall incur the penalty of suspension for six months.

Section 1537 .- The testator may retain the will to power, or give it in the custody of someone you trust, or deposit in the court file.

Section 1538 .- The testator who wants to place his will in the file, it presented him with the manager is, who will settle in the book for this purpose must be a reason of the deposit or delivery shall be signed by such officer and the testator , who will be authorized copy.

Section 1539 .- Can be made by proxy filing and deposit mentioned in article above, and in this case, the power will be joined.

Section 1540 .- The testator may withdraw when he pleases, his will, but the return is done with the same formalities that delivers it.

Section 1541 .- The power delivery and extraction will, be given in a public document, and this fact will be recorded in the respective note.

Section 1542 .- After the judge receives a testament, will appear before the notary and the witnesses who attended his execution.

Section 1543 .- The closed will not be opened until after the notary and witnesses have been instrumental to the judge acknowledged their signatures, and the testator or the person that it has signed, and declared if your concept is locked sealed as it was in the act of delivery.

Section 1544 .- If they can not all witnesses brought by death, illness or absence, sufficient recognition of the majority and the Notary.

Section 1545 .- If they are unable to appear the same causes the notary, most of the witnesses or any of them, the judge shall so for information, as well as the legitimacy of the signatures and the date it bears testament were those in where it is issued.

Section 1546 .- In any case, those who recognize their signatures appeared.

Section 1547 .- Fulfilling the requirements of the five preceding articles, the court shall order the publication and probate of the will.

Section 1548 .- The closed will be void if the statement is broken or open interior that forms the cover, or erased, scratched or amended firms that allow it, but the content is not vicious.

Section 1549 .- Any person having in his possession a closed and will not mind, as is laid down in Articles 1508 and 1509, or willfully removes the property of the deceased, will be punished, if intestate heir, loss of the right I may have, without prejudice would be consistent to the Penal Code.

Chapter III

Simplified Public Testament

Article 1549 Bis .- Simplified public Testament is one that gives a notary for a building to be used or to be used for housing by the purchaser in writing that it commits the same purchase or to appropriate the regularization of a property to carry out the authorities Federal District or any agency or entity of the Federal Government, or subsequent act in accordance with the following:

I. - The price of the property or its appraised value does not exceed 25 times the general minimum wage in Mexico increased annually at the time of purchase. In cases of regularization of property carried out by agencies and entities referred to above, regardless of their amount;

II .- The testator shall establish one or more legatees entitled accretion, except appointment of substitutes. In the case that when I will perform the notarial notarization of the acquisition on behalf of the legatees, they were unable and not at all subject to parental authority or guardianship, the testator may also appoint a special representative to sign the notarized document for consideration of the disabled;

III .- If there is a plurality of purchasers of the property each joint owner may establish one or more legatees for their portion. When the testator was married under the regime of conjugal partnership, your spouse may establish one or more legatees in the same instrument, the portion that applies to you. In the cases referred to in this Article shall not apply the provisions of section 1296 of this Code;

IV .- The legatees receive the legacy with the obligation to give support to maintenance creditors, if any, in the proportion that represents the value of the legacy of the acquis in all inherited property of the author of the succession;

V. - The legatees may claim directly from the delivery of the property and do not apply the provisions of Articles 1713, 1770 and other relevant articles of this Code, and

VI .- Died author of the succession, the notarial certification of the acquisition by the legatees, be made in terms of Article 876-bis of the Code of Civil Procedure for the Federal District.

CHAPTER IV

The holographic

Section 1550 .- It is called the holographic will written in the handwriting of the testator.

Holographic wills have no effect if they are deposited in the Notarial Archives in the manner prescribed by Articles 1553 and 1554.

Section 1551 .- This will only be granted by the elderly, and to be valid, must be completely written by the testator and signed by him, stating the day, month and year is given.

Foreigners may provide holographic in their own language.

Section 1552 .- If they contain words crossed out, amended or between lines, the save the testator under his signature.

Omission of this formality by the testator, it only affects the validity of words crossed out, amended or between lines, but not the will itself.

Section 1553 .- The testator made his holographic duplicate and print on each copy your fingerprint. The original in a sealed envelope and sealed, shall be deposited in the General Archive of Notaries, and the duplicate also closed in a sealed envelope and the note on the cover referred to in Article 1555, will be returned to the testator. This may put the envelopes containing the wills, seals, or mark it deems necessary to prevent violations.

Section 1554 .- The deposit in the General Archive of Notaries will personally by the testator who is not known if the office manager must have two witnesses to identify it. The envelope containing the original will, the testator's own hand put the following note: within this envelope contained my will. The following specify the place and date of the deposit is made. The note is signed by the testator and the office manager. In case involving identification witnesses also sign.

Section 1555 .- The sealed envelope containing the duplicate holographic will the next record issued by the office manager: I received the sealed envelope that Mr. ......... contains original claims his holographic will, which, according to the same statement, sir, there is in this for a duplicate. Shall then place and date of issue of the certificate shall be signed by the head of the office, getting fit also to the testator's signature and witness identification, when they intervene.

Section 1556 .- When the testator is prevented to personally deliver his will in the Office of Notarial Archives, the head of it must go to the place where he will find, to meet the formalities of deposit.

Section 1557 .- Made the deposit, the manager of Notarial Archives will take account of it in the relevant book, so that the will can be identified, and retain the original under his direct responsibility to proceed to make delivery to the testator himself or judge.

Section 1558 .- At any time the testator is entitled to withdraw the Notarial Archives in person or through an agent with special powers granted in the deed, a will deposited, in which case the removal shall be stated in a report to be signed by the applicant or his president, and manager of the office.

Section 1559 .- The judge before whom probate asked promotes manager reports to the General Archive of Notaries, whether your office has placed a holographic will of the author of the succession, for if so, will forward the will.

Section 1560 .- The power to save on the duplicate of a will, or anyone who has information that the author of a sequence has been deposited a holographic will, it shall inform the competent judge, who asked the manager of the General Archive of Notaries found the will, which it refers.

Section 1561 .- Received the will, the judge will review the cover containing it to make sure it has not been violated, it will make identification of witnesses residing in that place, to recognize their signatures and the testator, and before the Public Ministry, the have been presented as stakeholders and the said witnesses, open the envelope containing the will. If it meets the requirements mentioned in Article 1551 and is proven to be the same as that deposited by the testator, will be formally declared it.

Section 1562 .- Only when the original deposit has been destroyed or stolen, will have as its replacement formal, procedures for opening as provided in the preceding article.

Section 1563 .- The holographic will lapse when the original or duplicate, if any, we were broken or on the cover proves open or authorize the firms that appeareth erased, scratched or corrections, even when the content will not be vicious.

Section 1564 .- The manager of the General Archive of Notaries will not provide reports on the holographic deposited in his office, but at the same testator to the competent judges who officially request them and notaries when they processed to the succession.

CHAPTER V

Testament Private

Section 1565 .- The private will is permitted in the following cases:

I. When the testator is attacked by a serious illness as violent and not allow time for Ontario to attend to the will;

II. When there is no notary in the population, or judge acting on catcher;

III. When, even if a notary or judge in the population is impossible, or at least very difficult to attend the awarding of the will;

IV. When the military or similar military campaign entering or are prisoners of war.

Section 1566 .- For the cases listed in the preceding article will be given private, it is necessary that the testator was not possible to make a holographic will.

Section 1567 .- The testator that is on the case to private will, declare in the presence of five competent witnesses his last will, that one of them drawn up in writing, if the testator can not write.

Section 1568 .- It will not be necessary to draw up a written will, when none of the witnesses can write and in cases of extreme urgency.

Section 1569 .- In cases of extreme urgency three competent witnesses suffice.

Section 1570 .- By giving the private will be observed if the provisions contained in articles 1512 to 1519.

Section 1571 .- The private will take effect only if the testator dies of the disease or the danger was, or within a month of missing the cause that authorized it.

Section 1572 .- The private will need also to be valid, is made the declaration referred to in Article 1575, taking into account the statements of the witnesses who signed or heard, if the will of the testator.

Section 1573 .- The statement referred to in the preceding article shall be requested by interested parties immediately after the death of the testator knew and the way of disposal.

Section 1574 .- Witnesses will attend a private, must declare circumstances:

I. The place, time, day, month and year will be awarded;

II. If recognized, clearly saw and heard the testator;

III. The wording of the provision;

IV. If the testator was of sound mind and free from any coercion;

V. The reason was given, private will;

VI. If they know that the testator died or not the disease, or the danger he was.

Section 1575 .- If the witnesses were appropriate and were consistent in each and every one of the circumstances listed in the preceding article, the judge will declare that his remarks are the formal will of the person who is concerned.

Section 1576 .- If after the death of the testator died one of the witnesses, the statement will be with the other, provided that not less than three, obviously answer, and over any exception.

Section 1577 .- Nothing in the preceding article shall also be observed in the absence of one or more witnesses, provided that the non-appearance of witness fraud has not.

Section 1578 .- Knowing where are the witnesses will be examined by warrant.

CHAPTER VI

Military Testament

Section 1579 .- If the military or Army assimilated makes available at the time of going to war action, or being wounded on the battlefield, simply to declare his will before two witnesses, or to give to them the sealed envelope containing its provision, signed in his handwriting.

Section 1580 .- The article noted above, if any, with respect to prisoners of war.

Section 1581 .- Wills made in writing under this Chapter shall be delivered after the death of the testator, by him in whose power are escaped, the head of the corporation, who shall forward to the Secretariat of National Defense, and this to the competent judicial authority.

Section 1582 .- If the will shall have been given orally, it shall instruct the witnesses of course the head of the corporation, who will report immediately to the Ministry of War, and this to the competent judicial authority, to proceed taking into account Articles from 1571 to 1578.

CHAPTER VII

Maritime Testament

Section 1583 .- Those who are at sea on board ships of the Navy, whether war or merchant can be tested, complying with the following provisions.

Section 1584 .- The sea will be written in the presence of two witnesses and the Captain of the ship, and will be read, dated and signed, as stated in Articles 1512 to 1519, but in any case must sign the captain and the two witnesses.

Section 1585 .- If the captain doeth his will, perform his sometimes happen to be in command.

Section 1586 .- The sea will be made in duplicate and shall be kept among the most important roles of the boat, and he will mention in his diary.

Section 1587 .- If the vessel to a port arribare that has diplomatic agent, Consul or Vice Consul Mexican Captain deposited with him one copy of the will, dated and sealed with a copy of the notice must appear in the Journal of the boat .

Section 1588 .- Above is Mexican territory, the other copy will be delivered or both, if not left some elsewhere, the maritime authority of the place, in the manner described in the preceding article.

Section 1589 .- In either case mentioned in the two preceding articles, the captain of the boat require delivery receipt and a note cited in the Journal.

Section 1590 .- Diplomatic agents, consular or maritime authorities lifted after receiving the copies referred to, an act of surrender, and sent in the above examples, the possible delay, the Ministry of Foreign Affairs, which will publish in the newspapers news of the death of the testator, for stakeholders to promote the opening of the will.

Section 1591 .- The shipping will only produce legal effects of the testator died at sea, or within a month after their landing in a place where according to Mexican or foreign law, has been able to confirm or give back their provision.

Section 1592 .- If the testator landed in a place where there are no diplomatic or consular officer, and who knows if he is dead, or the date of death, shall be as provided in Title XI of Book One.

CHAPTER VIII

Testament Made in Foreign Country

Section 1593 .- Wills made in a foreign country, take effect in the Federal District when they have been prepared in accordance with the laws of the country in which they were granted.

Section 1594 .- The secretaries of legation, vice-consuls and consuls Mexicans may act as notaries or receivers wills of nationals abroad in cases where testamentary dispositions should be performed in the Federal District.

Section 1595 .- The officers in question sent a certified copy of the wills before them have been granted, the Ministry of Foreign Affairs for the purposes stated in Article 1590.

Section 1596 .- If the holographic will, regardless of the officials involved in the deposit forward it through the Ministry of Foreign Affairs, within ten days, the manager of the Notarial Archives.

Section 1597 .- If the will were entrusted to the custody of the Secretary of Legation, Consul or Vice Consul, shall state that fact and shall acknowledge receipt of delivery.

Section 1598 .- The paper on which to spread wills made before the diplomatic or consular agents, shall bear the seal of the legation or consulate concerned.

TITLE FOUR

Of legitimate

CHAPTER I

General Provisions

Section 1599 .- The rightful inheritance opens:

I. When there is no will, or that was given is null or lose validity;

II. When the testator did not have all their assets;

III. When the condition imposed on the heir;

IV. When the heir dies before the testator, or repudiates the inheritance is incapable to inherit, if not named substitute.

Section 1600 .- When the will to be valid should not survive the institution of heir, remain, however, the other provisions made in it, and legitimate succession only include goods that should correspond to the heir instituted.

Section 1601 .- If the testator has legally only a portion of their property, the rest of them as the legitimate succession.

Article 1602 .- Entitled to inherit by legitimate succession:

I. The descendants, spouses, ascendants, collateral relatives within the fourth degree and mistress or concubine, if met in this case the requirements set forth by Article 1635.

II. In the absence of previous welfare.

Section 1603 .- The relationship by marriage no right to inherit.

Article 1604 .- The closest relatives to the remotest excluded, except as provided in Articles 1609 and 1632.

Article 1605 .- Relatives being in the same degree, shall inherit equally.

Section 1606 .- The lines and degrees of kinship shall be regulated by the provisions contained in Chapter I, Title VI, Book One.

CHAPTER II

Succession of the Descendants

Article 1607 .- If the death of the parents there remain only children, the inheritance is divided equally among all.

Article 1608 .- Where there are descendants with the surviving spouse, this will correspond to the portion of a child in accordance with the provisions of Article 1624.

Section 1609 .- If there remain children and further descendants of degree the former shall inherit per capita and the latter per stirpes. The same observer on descendants of predeceased children, unable to inherit or who have renounced the inheritance.

Section 1610 .- If only there remain further degree descendants, the inheritance will be divided per stirpes, and if some of these there are several heirs, the portion that corresponds to it will be divided equally.

Section 1611 .- Children concur with ancestors, they are only entitled to food, in no case may exceed the portion of one of the children.

Section 1612 .- The adopted son inherited, but there is no simple adoption of inheritance between the adoptee and the adoptive parents.

Section 1613 .- Attending descendants of the adopting parents and adopted it simply, the former only have the right to food.

Section 1614 .- If the intestate not be absolute, be deducted from the total of the inheritance legally part of the testator has disposed, and the rest will be divided the way you have the preceding articles.

CHAPTER III

Succession of the Ancestors

Section 1615 .- In the absence of descendants and spouse will happen the mother and father equally.

Section 1616 .- If any parent only, the living child succeed throughout the estate.

Article 1617 .- If only parents of further any degree by a line to divide the inheritance equally.

Section 1618 .- If there are ascendants in both lines, the inheritance will be divided into two equal parts and apply one to the ancestors of the paternal line and the other to the mother.

Section 1619 .- The members of each line divided among themselves in equal shares the share which they belong.

Section 1620 .- Attending the ascendants of the adopted adopters simply, this inheritance will be divided equally between the adoptive parents and ancestors.

Section 1621 .- If the spouse attends the adoptee and the adoptive parents, two thirds of the inheritance are a spouse and a third part to his substance adoption.

Section 1622 .- Ancestors, even if they are illegitimate, are entitled to inherit their descendants recognized.

Section 1623 .- If a survey is done after the offspring has acquired assets with a value, taking into account the personal circumstances of recognizing, make a reasonable expectation that led to the recognition, neither acknowledging nor their descendants have the right to inherit recognized. Recognizing the right to food, in case the recognition is made when the recognition was also entitled to food.

CHAPTER IV

Succession of spouse

Section 1624 .- The surviving spouse, concurring with descendants have the right to a son when no goods or having the death of the author of the succession, not equal to the portion that each child should reciprocate. The same is observed if concurrent with adopted children of the author of the inheritance.

Section 1625 .- In the first case of the preceding Article, the spouse will complete the portion indicated, the second only entitled to receive what is sufficient to match their assets with the portion above.

Section 1626 .- If the surviving spouse concurs with ancestors, the inheritance is divided into two equal parts, of which one applies to the spouse and the other to ancestors.

Section 1627 .- Attending the spouse with one or more siblings the author of the series will have two thirds of the inheritance, and the remaining third brother or apply to be divided equally among the brothers.

Section 1628 .- The spouse will receive the portions that correspond under the two previous articles, even if you own property.

Section 1629 .- In the absence of descendants, ancestors and siblings, spouse shall succeed to all assets.

CHAPTER V

Succession of Collateral

Section 1630 .- If there are only brothers on both lines equally happen.

Section 1631 .- If siblings attend half-brothers, those they inherit a double portion.

Section 1632 .- If siblings attend nephews, siblings or children of predeceased brothers media that are incapable of inheriting or who have renounced the estate, the former shall inherit per capita and the latter by strains, taking into account the provisions of the preceding article.

Section 1633 .- In the absence of siblings, their children happen, divide the inheritance per stirpes, and the portion of each strain by heads.

Section 1634 .- In the absence of those called in previous articles, the next of kin will occur within the fourth degree, regardless of line, or consideration to the double bond, and shall inherit equally.

In applying the above provisions shall take account of ordering the next chapter.

CHAPTER VI

Succession of concubines

Section 1635 .- The concubine concubine and have the right to inherit each other, applying the provisions relating to succession of spouse, provided they have lived together as if they were spouses during the five years immediately preceding his death or if they have had children together, provided both have remained free of marriage for cohabitation.

If the death of the author of the inheritance is survived by several concubines or concubinage under the conditions mentioned earlier in this article, none of them will inherit.

CHAPTER VII

Succession of Public Welfare

Section 1636 .- In the absence of all the heirs named in the preceding chapters, the Public Welfare happen.

Section 1637 .- When heiress Public Welfare and between the corresponding real estate there you can not get under Article 27 of the Constitution, the property will be sold at public auction before taking the award, apply to the public welfare that obtains the price .

TITLE FIVE

Provisions Common to Legitimate probate and

CHAPTER I

The precautions to be taken when the widow was pregnant

Section 1638 .- When her husband died the widow believes he has been pregnant, shall inform the judge seized of the estate, within a period of forty days, to notify those who have a right to inheritance of such a nature that should disappear or decrease for the birth of posthumous.

Section 1639 .- Stakeholders referred to the preceding Article may ask the judge to adopt such appropriate to avoid the assumption of labor, the substitution of the infant or pretends to be a viable child who is not.

Caring for the judge that the measures dictated not indecent assault, or the freedom of the widow.

Section 1640 .- Hayase or not given the notice referred to in article 1638, at about the time of delivery, the widow must inform the judge, that may inform the parties concerned. They have a right to ask the judge to appoint a person who is satisfied of the reality of childbirth, must fall at precisely the appointed doctor or midwife.

Section 1641 .- If the husband acknowledged in a public or private assured his mate's pregnancy, it shall be granted to give the notice referred to in Article 1638, but is subject to comply with Article 1640.

Section 1642 .- The omission of the mother does not harm the legitimacy of the child, if other legal means may be credited.

Section 1643 .- The widow that is left pregnant, even if you have property, you should be fed under the estate.

Section 1644 .- If the widow does not comply with the provisions of Articles 1638 and 1640, stakeholders will refuse food when it has assets, but further investigations if the pregnancy proves true, it must pay food left to be paid.

Section 1645 .- The widow is not obliged to return the collected food even when there has been some abortion or is not pregnancy, except in cases in which it shall have been contradicted by expert opinion.

Section 1646 .- The judge will decide all questions of hand on food, according to previous articles, in doubtful cases resolved in favor of the widow.

Section 1647 .- For any of the measures to be practiced in accordance with this Chapter, the widow must be heard.

Section 1648 .- The division of inheritance is suspended pending verification of delivery or until the expiry of the maximum term of pregnancy, most creditors will be paid by court order.

CHAPTER II

From the Opening and Heritage Transmission

Section 1649 .- The series opens at the time of his death the author of the inheritance when declaring the presumed death of one absent.

Section 1650 .- There being no executor named, each of the heirs may, if not instituted heir to certain property, to claim the entire estate that belongs jointly with others, without the defendant may plead that the legacy does not belong entirely.

Section 1651 .- Having executor appointed, he should promote the claim referred to in the preceding article and being slow in doing so, the heirs are entitled to request its removal.

Section 1652 .- The right to claim the inheritance prescribed in ten years and is transmissible to heirs.

CHAPTER III

Acceptance and Repudiation of Inheritance

Section 1653 .- They may accept or repudiate an inheritance all with free disposal of their property.

Section 1654 .- The inheritance left to minors and other incapacitated, shall be accepted by their guardians, who may put her away with judicial authorization, after hearing the prosecution.

Section 1655 .- The wife does not need husband's permission to accept or repudiate an inheritance belonging to him. The common heritage will be accepted or repudiated by both partners, and in case of disagreement, the judge shall decide.

Section 1656 .- Acceptance may be express or implied. It expresses the acceptance if the heir accepts plain words, and tacit, if you run a few facts that are deducible intend to accept, or those who could not run but with an heir.

Section 1657 .- No one can accept or repudiate an inheritance in part, term, or conditionally.

Section 1658 .- If the heirs shall agree on the acceptance or repudiation may accept some and reject others.

Section 1659 .- If the heir dies without accepting or repudiating the inheritance, the right to do that is transmitted to their successors.

Section 1660 .- The effects of acceptance or repudiation of the inheritance is always traced back to the date of death of the person who inherits.

Section 1661 .- The repudiation must be expressly made in writing to the judge, or through a public instrument executed before a notary.

Section 1662 .- Repudiation does not deprive that makes, if not heir executor, the right to claim the legacies that have left him.

Section 1663 .- He who is called to the same inheritance by will and intestate, and repudiates the first title, having repudiated understood by both.

Section 1664 .- He who repudiates the right to succeed by intestacy without news of his title testamentary thereunder may accept the inheritance.

Section 1665 .- No one can renounce the succession of a living person, nor dispose of any fees you may have to their heritage.

Section 1666 .- No one can accept or repudiate without being certain of the death of one whose estate is concerned.

Section 1667 .- Known death of the man who inherited, may waive the legacy on condition, although this has not been met.

Section 1668 .- People are capable of acquiring moral, through legal representatives, estates accept or reject, but in the case of corporations, official or private charitable institutions can not repudiate an inheritance, the first, without court approval, after hearing the Ministry public, and the latter, without being subject to the provisions of the Private Welfare Act.

The public can not accept nor repudiate the inheritance without approval of higher administrative authority on whom they depend.

Section 1669 .- If anyone has interest in the heir declare whether it accepts or repudiates the inheritance, he may, after nine days of opening it, the judge set the heir to a term not exceeding one month, so that in him to do statement, warning that if not done, it will have accepted the inheritance.

Section 1670 .- The acceptance and repudiation, once made, are irrevocable and can not be challenged except in cases of fraud or violence.

Section 1671 .- The heir may revoke the acceptance or repudiation, when a will unknown, the time to do it, you alter the quantity or quality of the estate.

Section 1672 .- For the previous article, if the heir to revoke acceptance, it will return everything that he received the inheritance, observed on the fruits, the rules on owners.

Section 1673 .- If the heir renounces the inheritance to the detriment of its creditors, can they ask the judge to authorize them to accept on behalf of the former.

Section 1674 .- For the previous article, the acceptance only leverage to creditors for payment of their claims, but if the estate exceeds the amount thereof shall belong to the caller over the law, and in any case that made the waiver.

Section 1675 .- Creditors whose claims were written after the repudiation, can not exercise their right granted by Article 1673.

Section 1676 .- The fact that the repudiation of the inheritance should go into it, may prevent the acceptance of the creditors, paying them, loans against which they have repudiated.

Section 1677 .- Whether at the behest of a legatee or creditor hereditary heir has been declared will be considered as such by others, without prejudice.

Section 1678 .- Acceptance leads to confusion in any of the assets of the estate of the author and the heirs, because heritage refers to all accepted the benefit of inventory, although not expressed.

CHAPTER IVExecutors of

Section 1679 .- You may not be an executor who does not have the free disposal of their property.

The married woman, adult, may be without the authorization of her husband.

Section 1680 .- They can not be trustees, except in the case of sole heirs:

I. Magistrates and judges are exercising jurisdiction in the place where the succession is opened;

II. Those who for judgment has been removed again from the office of executor;

III. Those who have been convicted of crimes against property;

IV. Those without an honest living.

Section 1681 .- The testator may appoint one or more executors.

Section 1682 .- When the testator has not appointed an executor or the name carries no charge, heirs executor elected by majority vote. For the minor heirs will vote their legitimate representatives.

Section 1683 .- Most, in all cases mentioned in this Chapter, and those related to inventory and partition, is calculated by the amount of servings, and not by the number of people.

When the greater portion is represented by less than a quarter of the heirs, so that there is most need them the heirs vote necessary to form at least a quarter of the total number.

Section 1684 .- If there is no majority, the executor appointed by the judge, among those proposed.

Section 1685 .- The provisions in the two preceding articles shall also be observed in cases of intestacy, the executor named as missing, is for any reason whatsoever.

Section 1686 .- The heir that is unique, if there is no executor is appointed another in his will. If unable, will serve as guardian.

Section 1687 .- When there is no heir or appointed into the estate, the court will appoint an executor if there are no beneficiaries.

Section 1688 .- In the case of the preceding article, if there are legatees, the executor shall be appointed by them.

Section 1689 .- The executor appointed under the two preceding articles, will last while in office, declared the rightful heirs, they make the choice of executor.

Section 1690 .- When the entire estate is distributed in legacies, the legatees appointed executor.

Section 1691 .- The executor may be universal or special.

Section 1692 .- When there are several executors appointed, the trusteeship is exercised by each of them in the order in which they had been appointed, unless the testator expressly provided that is exercised by mutual agreement of all those named, as in this case will be considered joint.

Section 1693 .- When they be joint executors worth only what we all do together, what makes one legally authorized by the others, or that in case of dissent, agreed the greatest number. If there is no majority, the judge will decide.

Section 1694 .- In cases of extreme urgency, can a joint executors of practice under his responsibility, acts as may be necessary, reporting immediately to the other.

Section 1695 .- The position of executor is voluntary, but whoever accepts it, it is obliged to perform it.

Section 1696 .- The executor resign without cause, he will lose what has allowed the testator. The same will happen when the resignation is for good cause, if left to the executor is the sole purpose of compensation for the performance of office.

Section 1697 .- The executor to present excuses, you must do so within six days following the date on which he had notice of his appointment, or if it was already known, within six days after the day on which learned of the death of the testator. If apologizes outside the period mentioned, be liable for any damages incurred.

Section 1698 .- Executors can be excused:

I. Employees and public officials;

II. The military on active duty;

III. Those who are so poor they can not attend the trusteeship without affecting their livelihoods;

IV. Which by the usual bad health, or not read or write, can not properly address the trusteeship;

V. Those who are sixty years of age;

VI. Those who are responsible for another trusteeship.

Section 1699 .- An executor who is present while deciding on your excuse, you must perform the function under the penalties established by Article 1696.

Section 1700 .- The executor can not delegate the job he has received, or his death passes to his heirs, but is not required to act personally, can do it for leaders which are held under his orders, responding to the acts of these.

Article 1701 .- The executor is generally obliged to provide the special executor quantities or things necessary to fulfill the part of the will which is at his office.

Article 1702 .- If the fulfillment of the legacy dependiere term or any condition precedent, the executor will generally resist the delivery of the thing or amount, giving bail to the satisfaction of the legatee or executor particular that delivery will be made in due course.

Article 1703 .- The special executor may also, on behalf of the legatee require the establishment of the necessary mortgage.

Article 1704 .- The right to possession of the estate passed by operation of law, the heirs and executors universal, from the time of the death of the author of the inheritance, except as provided in Article 205.

Article 1705 .- The executor must take all actions belonging to the estate.

Article 1706 .- The obligations of the general executor:

I. The presentation of the will;

II. The seizure of property inheritance;

III. The formation of inventories;

IV. The administration of the goods and the rendering of accounts of trusteeship;

V. Payment of debts funeral, testamentary and hereditary;

VI. The partition and allocation of assets between the heirs and legatees;

VII. The defense, in court and out of it, so the inheritance and the validity of the will;

VIII. The succession to represent all lawsuits in which they have promoted in their name or that promovieren against it;

IX. All other duties imposed by law.

Article 1707 .- The executors, within fifteen days following the approval of the inventory, the judge proposed provisional distribution of the products of the estate, noting the part of them each quarter shall be given to the heirs or legatees.

The judge, noting the procedure established by the Code of matter, approve or modify the proposal made, as appropriate.

An executor who fails to submit the proposition in question or for two consecutive two-month periods, without just cause, do not cover the heirs or legatees as they are concerned, can be dismissed at the request of either party.

Article 1708 .- The executor is also required, within three months from accepting his appointment, to ensure their use, with bond, mortgage or pledge of your choice according to the following principles:

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

II. For the value of the property;

III. For the products of rural properties in a year, estimated by experts or by means of a five-year term at the discretion of the judge;

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

Article 1709 .- When the heir and executor is also sufficient to ensure its share, as provided in the preceding article shall not be obligated to provide special security, while retaining their hereditary rights. If your part is not sufficient to provide assurance that it will be obliged to give security, mortgage or pledge so remaining to complete that warranty.

Article 1710 .- The testator can not save the executor of the obligation to ensure their management, but the heirs, executors or are legitimate, are entitled to exempt the executor of this obligation.

Article 1711 .- If the executor has been named in a will and have it in their power, must be filed within eight days following the death of the testator.

Article 1712 .- The executor should make the inventory within the period specified by the Code of Civil Procedure. Otherwise, it will be removed.

Article 1713 .- The executor, before forming the inventory will not allow the removal of anything, unless the record is the property of others for the same will, by public instrument or by the books of the house kept in due form, if the author heritage there been a merchant.

Article 1714 .- Where the ownership of another's property recorded by various means as listed in the preceding article, the executor to be limited to the margins of the respective items, a note indicating the ownership of the thing, so that the property be discussed at the corresponding trial.

Article 1715 .- Violation of the two previous articles, the executor liable for damages.

Article 1716 .- The executor, within the first month of exercising his office, established in accordance with the heirs, the amount to be used in administrative expenses and salaries and number of dependents.

Article 1717 .- If the payment of a debt or other urgent expenses, necessary to sell some assets, the executor must do so in accordance with the heirs and if this is not possible, with court approval.

Article 1718 .- The provisions of Articles 569 and 570, for guardians shall also be observed in respect of the executors.

Article 1719 .- The executor can not encumber or mortgage the property without the consent of the heirs or legatees in your case.

Article 1720 .- The executor can not compromise or undermine the arbiters of the estate business, but with the consent of the heirs.

Article 1721 .- The executor only to lease up to one year the assets of the estate. For rental longer, requires the consent of the heirs or legatees in your case.

Section 1722 .- The executor is obligated to pay each year of its trusteeship. It may not be reappointed without prior account has been approved annually. In addition, yield the general account of trusteeship. Also give an account of his administration, when for any reason cease to be executor.

Section 1723 .- The obligation to account is the executor, passes to his heirs.

Section 1724 .- Are null and void the provisions the testator's executor waives the obligation to make an inventory or accountability.

Section 1725 .- The administration account must be approved by all the heirs who disagrees, you can follow their respective trial costs in the terms established by the Code of Civil Procedure.

Section 1726 .- When he is heir to the Public Welfare or the heirs are minors, the public prosecutor will intervene in the approval of the accounts.

Section 1727 .- Approved accounts, those interested can hold its result, the agreements they want.

Section 1728 .- The heir or heirs who have not been content with the appointment of an executor made by the majority, have the right to appoint an auditor to monitor the executor.

If the minority are unhappy the various heirs, the auditor will be appointed by majority vote, and if not a majority, the nomination will be the judge, the Comptroller of choosing from among persons nominated by the heirs of the minority.

Section 1729 .- The functions of the auditor is limited to monitor the strict enforcement of the office of executor.

Section 1730 .- The auditor can not even interim possession of property.

Section 1731 .- Just an auditor should be appointed:

I. As long as the heir is absent or is not known;

II. When the amount of bequests equals or exceeds the portion of the heir executor;

III. When making bequests to objects or places of public charity.

Section 1732 .- The auditors must be of legal age and able to be bound.

Section 1733 .- The auditors do not last as long as his appointment is revoked.

Section 1734 .- The auditors will have the payment agreed upon by the heirs who are appointed, and if you are appointed by the judge, charged under Tariff, like a proxy.

Section 1735 .- Creditors and legatees may not require the payment of their claims and legacies, if not until the inventory has been made and approved, subject to the approval form and within the terms stipulated by law, except in cases prescribed in Articles , 1754 and 1757, and those debts for which any lawsuit pending the opening of the succession.

Section 1736 .- The expenses incurred by the executor in the performance of their duties, including attorney's fees and attorney who has held, will be paid the bulk of the inheritance.

Section 1737 .- The executor must fulfill its charge within a year after its acceptance, or from ending promovieren any dispute about the validity or invalidity of the will.

Section 1738 .- Only for cause may extend to the heirs executor of the period prescribed in the preceding article, and the extension shall not exceed one year.

Section 1739 .- To extend the period of trusteeship, it is essential that has been approved the annual accounts of the executor, and agreed that the extension of a majority representing two-thirds of the inheritance.

Section 1740 .- The testator may point to the executor the compensation you want.

Section 1741 .- If the testator does not designate the payment, the executor charged two percent of the net proceeds of the estate and cash, and five percent on industrial fruits of the estate.

Section 1742 .- The executor is entitled to choose between what the testator left by the discharge of his duties and what the law provides for the same reason.

Section 1743 .- If there are several and joint executors, the pay is allocated to them unless they are pooled, the distribution will be made in proportion to the time each has been given and the work they have had in the administration.

Section 1744 .- If the testator bequeathed to the executors together something for the performance of his duties, the part of those who do not support it, accrue to those who exercise it.

Section 1745 .- The offices of executor and controller, just:

I. The term natural order;

II. Death;

III. Legal disability, declared in form;

IV. On the excuse that the judge qualifies for legitimate, interested audience and prosecutors, when lower interest or public welfare;

V. By the end of the period prescribed by law and the extensions granted for the office;

VI. For revocation of appointments made by the heirs;

VII. For removal.

Section 1746 .- The revocation may be made by the heirs at any time, but in the act should be named substitute.

Section 1747 .- When the executor of the testator received a special order, in addition to follow the probate proceedings to hand over assets to the heirs, not be deprived of one commissioned by the revocation of the appointment of an executor to make the heirs. In such a case be considered as special enforcer, and apply the provisions of Article 1701.

Section 1748 .- If the revocation is without cause, the removed executor is entitled to perceive what the testator would have left by the discharge of his duties or the percentage would be consistent with Article 1741, taking into account the provisions of

Article 1743.

Article 1749 .- The removal will not take place except by sentence pronounced in the respective event, promoted by legitimate.

CHAPTER V

Inventory and Settlement Heritage

Section 1750 .- The final executor, within the term set by the Code of Civil Procedure, promote the formation of the inventory.

Section 1751 .- If the executor does not comply with the provisions of the preceding article, may promote the formation of any heir inventory.

Section 1752 .- The inventory will form as prescribed by the Code of Civil Procedure. If the executor is not filed within the legal term, will be removed.

Section 1753 .- Court concluded and approved the inventory, the executor will proceed to liquidate the estate.

Section 1754 .- First, the debts will be paid for burial, if not already so, it can be paid before the formation of the inventory.

Section 1755 .- They are called funeral debts, funeral expenses and have been caused in the last illness of the author of the inheritance.

Section 1756 .- The debts will be paid burial the body of the inheritance.

Section 1757 .- Secondly, it will pay for strict conservation and heritage management, as well as maintenance claims may also be covered before the formation of the inventory.

Section 1758 .- If to make payments on previous articles that speak no money in the estate, the executor will promote the sale of property and even buildings, with the formalities that are required respectively.

Section 1759 .- Then you pay the debts of the estate that may be payable.

Section 1760 .- They are called hereditary debts, contracted by the author of the inheritance regardless of their provision, and which is accountable to their property.

Section 1761 .- If there is pending a contest, the executor shall not pay but for the sentence ranking creditors.

Section 1762 .- Creditors, if there is no competition, will be paid in the order they are submitted, but if not shown there among some preferences, as may be required to the deposit paid by the creditor of a better title.

Section 1763 .- The executor, completed the inventory, you can not pay the legacies, covered or assigned without sufficient property to pay debts, keeping in special charges related assets they have.

Section 1764 .- Creditors filed after paying the legatees, they only have action if the inheritance has not sufficient property to cover their loans.

Section 1765 .- The sale of the estate to pay debts and legacies shall be at public auction, unless the majority of stakeholders agreed otherwise.

Section 1766 .- Most stakeholders or judicial authorization where appropriate, determine the application to be given the price of goods sold.

CHAPTER VI

Partition

Section 1767 .- Approved inventory and account administration, the executor should do next partition inheritance.

Section 1768 .- In any heir may be forced to remain in the undivided property, expressed even by preventing the testator.

Section 1769 .- Partition may be suspended under an express agreement of the parties concerned. Having children between them, you should hear the tutor and the Public Ministry, and the order is approved the agreement, will determine how long it should last undivided.

Section 1770 .- If the author of the inheritance in his will that have any heir or legatee to be delivered to him certain assets, the executor, approved the inventory, they deliver the goods, provided that they ensure sufficient answer for the general expenses and charges of inheritance, the proportion that corresponds to them.

Section 1771 .- If the author of the inheritance should make the partition of the property in her will, she must estarse, except third party right.

Section 1772 .- If the author of the succession did not have how they should divide their property and it is a negotiation to form an agricultural, industrial or commercial exist between the heirs farmers, industrialists or merchants, they apply the negotiation, provided that they deliver money to the other heirs of their share. The price negotiation is determined by experts.

The provisions of this Article shall not prevent the heirs hold conventions they deem appropriate.

Section 1773 .- The heirs must be paid off each other revenues and each has received from the estate, useful and necessary expenses and damages caused by malice or negligence.

Section 1774 .- If the testator bequeathed a pension or annuity, without taxing her in particular to any heir or legatee, shall be capitalized at nine percent annually, and separate capital or estate of equal value, to be delivered to the person to perceive the pensioner, who have all the obligations of mere usufructuary. The same followed in the case of maintenance referred to in Article 1368.

Section 1775 .- The proposed partition is expressed in the part of the capital or affection to the pension fund, for each one of the heirs after it is extinguished.

Section 1776 .- When all the heirs are higher, and interest of the Treasury, if any, is covered, can the separate interests of the continuation of the proceedings and adopt resolutions as they deem appropriate for the settlement and termination of the testamentary or intestate.

When you have children, be separated, if they are properly represented and the prosecution agreed to the request. In this case, the agreements reached will be reported to the judge, and he, hearing the Public Prosecutor, shall approve, if not infringe the rights of minors.

Section 1777 .- The partition public deed, provided that the estate has assets whose sale should be done with that formality.

Section 1778 .- The cost of the partition, the common fund will be rolled back, those who are made by private interest of any of the heirs or legatees, shall be charged to his credit.

CHAPTER VII

Effects of Partition

Section 1779 .- The partition legally made, fixed portion of property to which corresponds to each of the heirs.

Section 1780 .- When the partition above causes, some of the heirs were deprived of all or part of its credit, the other heirs are forced to compensate for that loss, in proportion to their hereditary rights.

Section 1781 .- The portion to be paid to lose his part, will be representing their primitive, but it falls in, minus the total of the lost heritage.

Section 1782 .- If any of the heirs person was insolvent, the quota to be contributed shall be divided among the other, even losing his hand.

Section 1783 .- Which to buy the insolvent, shall retain their action against him, when better fortune.

Section 1784 .- The obligation under Article 1780, shall cease only under the following circumstances:

I. When goods have ceased heir individually determined, which is private;

II. When he made the partition, the heirs expressly waive the right to compensation;

III. When the loss was caused by the fault of the heir to the sufferer.

Section 1785 .- If a credit awarded as collectible, the heirs are not liable for the subsequent insolvency of the debtor estate, and are only responsible for their solvency at the time of making the partition.

Section 1786 .- For bad loans no responsibility.

Section 1787 .- The heir whose inheritance they be embargoed goods, or who has voted against sentence at trial because of them, have the right to request that their heirs, liens liability that may result, and if not, you are prohibited from disposing the assets received .

CHAPTER VIII

Rescission and Annulment of the Partition

Section 1788 .- Partitions can be rescinded or annulled for the same reasons that the obligations.

Section 1789 .- The heir has postponed the right to request the annulment of the partition. Decreed it, it will make a new partition to receive his share.

Section 1790 .- A partition made with a false heir is void as soon as it related to it, and the part that was applied will be distributed among the heirs.

Section 1791 .- If the partition made it appear she omitted some goods, there will be an additional division, which will observe the provisions of this Title.