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Federal Civil Code of the United States of Mexico - Book Four - From: Third Title to Title Sixteenth - The Swap

MEXICO'S CIVIL CODE

THIRD TITLE

The Swap


Section 2327 .- The swap is a contract whereby each of the parties agrees to give one thing for another. Be observed if the provisions of Article 2250.

Section 2328 .- If one party has received the thing that is given in exchange, and proves that it was not of one who gave it can not be compelled to surrender he offered instead, and fulfilled with the return you received.

Section 2329 .- The permutante suffered eviction the thing received in exchange may claim that he gave, or is still held by the other permutante, or requiring its value or the value of the thing which he was given in return, with payment of damages.

Section 2330 .- The above article does not prejudice the rights acquired for consideration a third party in good faith on the matter claiming that suffered eviction.

Section 2331 .- Except with regard to price, are applicable to this contract the rules of the sale, they are not in conflict with previous articles.

TITLE FOUR

From Donations


CHAPTER I

From General Donations


Section 2332 .- Donation is a contract whereby a person transfers to another, free of charge, part or all of their present.

Section 2333 .- The donation can not comprehend future property.

Section 2334 .- The donation can be pure, conditional, onerous or remunerative.

Section 2335 .- Pure is the gift that is given in absolute and conditional that depends on some uncertain event.

Section 2336 .- It is onerous donation is done by imposing some taxes and remunerative which is in consideration of services received by the donor and that it has no obligation to pay.

Section 2337 .- When the gift is expensive, just consider who has donated excess in the price of the thing, the charges deducted from it.

Section 2338 .- Donations can only take place between the living and can not be revoked except in cases stated by law.

Section 2339 .- Donations that are made for after the death of the donor shall be governed by the provisions of the Third Book, and those made between spouses, as provided in Chapter VIII, Title V, Book One.

Section 2340 .- The perfect gift is from the donee accepts and announces the acceptance to the donor.

Section 2341 .- The donation may be made orally or in writing.

Section 2342 .- It can be verbal rather than the donation of personal property.

Section 2343 .- The donation verbal legal effect only when the value of the furniture, not exceeding two hundred pesos.

Section 2344 .- If the value of the furniture exceeds two hundred dollars, but not five thousand, the donation must be in writing.

If you exceed five thousand pesos, the donation will be reduced to deed.

Section 2345 .- The donation of real estate will be in the same way as for sale required by law.

Section 2346 .- Acceptance of donations made in the same way they should be, but is not effective if not made in donor's life.

Section 2347 .- It is no donation that includes the entire estate of the donor, if it does not reserve or beneficially owned by the necessities of life according to your circumstances.

Section 2348 .- Donations will be inofficious as impair the obligation of the donor of food to those who minister to those who must by law.

Section 2349 .- If that donates all of its assets generally reserves some for testing, no other statement, the term reserved half of the donated goods.

Section 2350 .- A donation made to several people together, not produced for them the right of accretion, if not the donor has expressly established a.

Section 2351 .- The donor is only responsible for the eviction of the thing given if expressly obliged to provide it.

Section 2352 .- Notwithstanding the preceding article, the donee is subrogated to all rights of the donor if the eviction takes place.

Section 2353 .- If the donation is done with the burden of paying the debts of the donor, including the only means which exist real date at the time of donation.

Section 2354 .- If the donation regardless of certain specific property, the donee shall not be liable for the debts of the donor, but where the property donated it was made any mortgage or pledge, or in case of fraud to the detriment of creditors.

Section 2355 .- If the donation regardless of all property, the donee shall be liable for all debts incurred before the donor, but only up to the amount concurrent with donated goods, provided that the debts are real time.

Section 2356 .- Unless otherwise provided by the donor, grants consisting of periodic benefits, are extinguished by the death of the donor.

CHAPTER II

Of those who can receive donations


Section 2357 .- The unborn may acquire by gift, provided they have been conceived at the time that it was feasible and in accordance with Article 337.

Section 2358 .- Donations made by simulating another contract to persons who by law can not receive, are void, whether made in a straightforward manner, and by proxy.

CHAPTER III

Revocation and Reduction Grants


Section 2359 .- Donations made by a person legally at the time did not grant them children, may be revoked by the donor when they have come upon children who are born with all the conditions of feasibility required by Article 337.

If after five years since he made the donation and the donor has not had children or had habiéndolos has not revoked the grant, it will become irrevocable. The same happens if the donor dies within this period of five years without having revoked the grant.

If within that period a posthumous child born of the donor, the donation shall be revoked in its entirety.

Section 2360 .- If the first case of the preceding article, the father has not revoked the grant, must be reduced when it is covered by the provisions of section 2348, unless the donee takes upon himself the obligation to minister and ensure food properly.

Section 2361 .- The grant may not be revoked by supervenience of children:

I. When less than two hundred pesos;

II. Where antenuptial;

III. Where between spouses;

IV. When purely remunerative.

Section 2362 .- Supervenience rescinded the grant of children will be returned to the donor donated goods or their value if they have been sold before the birth of children.

Section 2363 .- If the grantee any mortgaged property donated shall remain the mortgage, but the donor is entitled to demand that he redeem it. This shall take place in the case of usufruct or servitude imposed by the grantee.

Section 2364 .- When goods can not be restituted in kind, the value will be required to have those at the time of donation.

Section 2365 .- The donee endorses the fruits of donated goods until the day he is notified of the revocation or until the day the child was born posthumously, in his case.

Section 2366 .- The donor can not renounce in advance the right of revocation supervenience of children.

Section 2367 .- The action of revocation supervenience of children solely for the donor and the posthumous son, but the reduction by way of maintenance are entitled to ask for all creditors to be fed.

Section 2368 .- The grantee is responsible only for compliance with the burdens imposed upon him the thing given, and is not personally liable with their property. You can evade the charge of leaving the thing given, and if it dies by accident, is free from any obligation.

Section 2369 .- In any case of termination or cancellation of the donation, will observe the provisions of Articles 2362 and 2363.

Section 2370 .- The donation may be revoked for ingratitude

I. If the grantee commits a crime against the person, honor or property or the donor's ancestors, descendants or spouse thereof;

II. If the donee refuses to help, according to the value of the donation, the donor has come to poverty.

Section 2371 .- It applies to the revocation of the donations made by ingratitude Articles 2361 to 2364.

Section 2372 .- The revocation action on account of ingratitude can not be waived in advance, and prescribes within one year, after he has knowledge of the fact the donor.

Section 2373 .- This action can not be brought against the heirs of the donee, unless during his lifetime had been attempted.

Section 2374 .- Nor can this action brought by the heirs of the donor if he, may, I would not have tried.

Section 2375 .- Donations will not be revoked or inofficious reduced when the donor died, the donee takes upon himself the obligation to minister foods due and guaranteed according to law.

Section 2376 .- The reduction of the donations will start by the last date that will be completely suppressed if the reduction not sufficient to complete food.

Section 2377 .- If the amount of the donation can not become less ancient, was taken in respect of the above, the terms of the preceding article, following the same order up to the oldest.

Section 2378 .- Having several grants made in the same act or on the same date, including the reduction will be prorated.

Section 2379 .- If the gift is property, it shall take to reduce their value while being donated.

Section 2380 .- When the grant is in real estate as may be easily divisible, the deduction shall be in kind.

Section 2381 .- When the property can not be divided and the amount of the reduction exceeds half the value of the former, the grantee will receive the rest in cash.

Section 2382 .- When the reduction does not exceed half the value of the property, the donee pays the rest.

Section 2383 .- Revoked or reduced inofficious a donation, the donee is only liable for the fruits from whatever defendant.

TITLE FIVEThe Mutual


CHAPTER I

Mutual of Simple


Section 2384 .- Mutual is a contract whereby the lender agrees to transfer ownership of a sum of money or other fungible things the borrower, who agrees to return as much of the same kind and quality.

Section 2385 .- If the contract is not fixed term for repayment of loans, observe the following rules:

I. If the borrower regardless of the farmer and the loan consists of cereals and other agricultural products, the refund will be made in the next crop of the same or similar fruits or products;

II. The same was observed for the borrowers which are not farmers, like fruits are to perceive in any other capacity;

III. In other cases, the obligation to repay is governed by Article 2080.

Section 2386 .- The delivery of the thing lent and paid restitution of what will be done in suitable place.

Section 2387 .- When there is no designated place, shall follow the following rules:

I. The thing provided is delivered in the current location;

II. Refunds will be made if the loan is in effect at the place where they were received. If money is in the debtor's home, observing the provisions in Article 2085.

Section 2388 .- If it is impossible to restore gender borrower will satisfy paying the value given was the thing in time and place at which the loan was made, according to experts, if there is no stipulation to the contrary.

Section 2389 .- Consisting of the loan money, the debtor will pay an amount equal returning to that received money under the law in effect at the time of making payment, without the requirement is waived. If it is agreed that payment must be made in foreign currency, the change in value that this experience will be in harm or benefit the borrower.

Section 2390 .- The lender is responsible for the damages suffered by the borrower for the poor quality or hidden defects of the thing lent, if he knew of the defects and did not give timely notice to the borrower.

Section 2391 .- In the case have agreed that restitution can be made when the debtor or have the means, observe the provisions of Article 2080.

Section 2392 .- There will be declared invalid debts incurred by the child to provide nutrients you need, when his legal representative is absent.

CHAPTER II

Of Mutual Interest Bearing


Section 2393 .- It is permitted to stipulate mutual interest, either through cash and in kind.

Section 2394 .- Interest is legal or conventional.

Section 2395 .- The legal interest is nine percent. The conventional interest is to set the contractors, and may be higher or lower than the legal interest, but when the interest is so disproportionate to do reasonably believe has been abused pecuniary trouble, inexperience or ignorance of the debtor, at his request the judge, taking into account the special circumstances, may reduce the interest equally to the statutory rate.

Section 2396 .- If you have agreed a higher interest rate than the legal one, the debtor, after six months since the contract was concluded, you can repay the capital, whatever the deadline set for it by giving notice to the creditor with two months in advance and paying the interest due.

Section 2397 .- The parties may not, under penalty of nullity, to agree in advance that the interest is capitalized and generate interest.

TITLE SIX

Lease


CHAPTER I

General Provisions


Section 2398 .- There lease when the two Contracting Parties undertake reciprocally, one to grant the use or enjoyment of a thing, and the other to pay for that use or enjoyment of a certain price.

The lease can not exceed ten years for land used for room and twenty years of commercial farms or industry.

Section 2399 .- The rent or lease price may consist of a sum of money or anything else equivalent, provided it is certain and determined.

Section 2400 .- They are susceptible to lease all goods that can be used without being consumed, except those prohibited by law rights to lease and strictly personal.

Section 2401 .- The owner who is not the thing you can lease it if you have power to enter into this contract, under authorization of the owner, and by operation of law.

Section 2402 .- In the first case the previous article, the constitution of the lease is subject to the limits in the permit, and the second, which the law has attached to the outside asset managers.

Section 2403 .- You can not rent the owner of an undivided thing without the consent of the other co-owners.

Section 2404 .- It is forbidden to the judges, the judges and any other public employees, take on lease, in person or by proxy, the goods to be leased businesses involved.

Section 2405 .- Managers are prohibited in both public and public officials and employees, take on lease the property with the expressed characters manage.

Section 2406 .- The lease must be in writing. The absence of this formality is charged to the landlord.

Section 2407 .- (Repealed).

Section 2408 .- The lease is not terminated by the death of the lessor or the lessee, unless otherwise agreed otherwise.

Section 2409 .- If during the term of the lease for any reason verifies the transfer of ownership of the property leased, the lease shall continue under the terms of the contract. Regarding the payment of rent, the tenant shall be required to pay the new owner the rent stipulated in the contract, the date to be notified or out of court before a notary or two witnesses have been granted the appropriate title, though alleged to have paid the first owner, unless the advancement of expressly stipulated rents appear in the same lease.

Section 2410 .- If the transfer of ownership is made by the public interest, the contract is terminated, but the landlord and the tenant must be compensated by the expropriating, as established by the pertinent law.

Section 2411 .- Leases of national, municipal or public facilities, subject to the provisions of administrative law, and not what we were, to the provisions of this title.

CHAPTER II

Rights and Obligations of Landlord


Section 2412 .- The landlord is required even if no express agreement:

I. To deliver to the lessee the leased real estate with all their belongings and state agreed to serve for the use and if there was expressly agreed to the one that by its very nature were intended, and in conditions that provide the tenant and hygiene safety of the building;

II. To preserve the thing leased in the same state during the lease, in effect making all necessary repairs;

III. Not to impede or embarrass in any way the use of leased property, unless due to urgent and essential repairs;

IV. To ensure the peaceful use and enjoyment of the thing around the time of the contract;

V. To respond for the damages suffered by the tenant for defects or hidden defects of the thing, prior to the lease.

Section 2413 .- The delivery of the thing be done in the time agreed and if there is no agreement, then the landlord was required by the tenant.

Article 2414
The landlord can not, during the lease, change the form of the thing leased, or intervene in the legitimate use of it, except when designated in Section III, Article 2412.

Section 2415 .- The tenant is obliged to notify the landlord as soon as possible, the need for repairs, under penalty of paying damages caused its omission.

Section 2416 .- If the landlord fails to comply with the repairs necessary to the purpose for which it is intended the thing is up to the tenant terminate the lease or place the judge to narrow the landlord to comply with its obligation by the rapid procedure to establish the Code of Civil Procedure.

Section 2417 .- The judge, under the circumstances, decide on the payment of damages caused to the tenant for lack of opportunity for repairs.

Section 2418 .- The provisions of section IV of Article 2412 does not include roads made of third parties not claiming rights over the leased property to prevent its use or enjoyment. The lessee, in such cases, only action against the perpetrators of the facts, and although it was insolvent shall have no action against the landlord. Neither includes the abuse of power.

Section 2419 .- The tenant is obliged to notify the owner in the shortest possible term, any misuse or harmful another novelty or openly made preparations in the thing leased, under penalty of paying damages caused by his omission. The provisions of this Article shall not deprive the tenant the right to defend, as having the thing leased.

Section 2420 .- If the landlord be defeated in court on a part of the thing leased, the lessee can claim a reduction in income or termination of the contract and payment of damages suffered.

Section 2421 .- The landlord is liable for faults or defects of the thing leased to prevent the use of it, though he would not have known or had occurred in the course of the lease, through no fault of the renter. This may ask for loss of income or termination of the contract, unless it is proved that he was informed before entering into the contract, the defectiveness of the thing leased.

Section 2422 .- If you finish the lease there is a balance in favor of the tenant, the landlord must return immediately, unless you have a right to exercise against the person, in this case, deposit the balance judicially referred.

Section 2423 .- Corresponds to landlord pay the tenant improvements made by:

I. If the contract or subsequently, authorized him to make and forced to pay them;

II. If it is useful improvements and because the landlord terminate the contract;

III. When the contract is indefinite, if the landlord allowed the tenant to make improvements and before the expiry of the time required for the tenant is compensated with the use of cost improvements made, gives the landlord terminating the lease.

Section 2424 .- Improvements referred to Sections II and III of the preceding Article shall be paid by the lessor, although the contract stipulated that the improvements would remain for the benefit of the thing leased.

CHAPTER III

Rights and Duties of Tenant


Section 2425 .- The lessee is obliged:

I. To meet the income in the manner and time agreed upon;

II. To respond for the damages that the leased suffer through his fault or neglect of their families, servants or subtenants;

III. To use the thing only for use in accordance with agreed or the nature and purpose of it.

Section 2426 .- The tenant is not obligated to pay rent but from the day you receive the thing leased, unless otherwise agreed.

Section 2427 .- The rent will be paid at the agreed place and, failing agreement, in the house, room or office tenant.

Section 2428 .- The 2422 article about the landlord apply to you regarding the tenant.

Section 2429 .- The tenant is obliged to pay the rent that becomes due until the day I deliver the thing leased.

Section 2430 .- If the price of the lease ought to have been paid in fruit, and the tenant does not deliver them in due time, is obliged to pay in cash the highest price we had the fruit within the agreed time.

Section 2431 .- If by accident or force majeure completely prevents the lessee to use the thing leased, not causing the duration of the disability income, and if it lasts more than two months, may seek rescission of the contract.

Section 2432 .- If only partially prevents the use of the thing, the lessee may request the partial reduction of income, according to experts, unless the parties choose to rescind the contract if the impairment lasts the time set in the previous article.

Section 2433 .- The provisions in the two preceding articles shall not be waived.

Section 2434 .- If the loss of use comes from the eviction of the premises, observe the provisions of Article 2431, and if the landlord acted with bad faith, also be liable for damages.

Section 2435 .- The tenant is responsible for the fire, unless it comes from a fortuitous event or force majeure or manufacturing defect.

Section 2436 .- The hirer is not liable for the fire was communicated on the other hand, if you took precautions to prevent fire from spreading.

Section 2437 .- When there are several tenants and do not know where the fire started, everyone is responsible in proportion to the rent paid, and if the landlord occupies part of the estate, also respond in proportion to the income that part set experts. If it is proved that the fire started in the room of a tenant, only he is responsible.

Section 2438 .- If any of the tenant proves that the fire could not start the party concerned, be free of responsibility.

Section 2439 .- Responsibility in cases of the previous articles that covers not only the payment of damages suffered by the owner, but of those who have caused to others, provided it comes directly from the fire.

Section 2440 .- The tenant who is set on the farm leased a dangerous industry, has an obligation to ensure that farm probable that risk against the exercise of that industry.

Section 2441 .- The lessee may not, without express consent of the landlord to vary the shape of the thing leased, and if so should, when it back, reset the state of its receipt, being also responsible for the damages.

Section 2442 .- If the tenant received the property with the express description of the parts which compose it, must return at the conclusion of the lease, as received, except that which he died or was impaired by weather or unavoidable cause.

Section 2443 .- The law presumes that the tenant accepted the leased without the description stated in the previous article, received in good condition, unless the contrary is proved.

Section 2444 .- The tenant must repair those minor damage that are caused by regular people who inhabit the building.

Section 2445 .- The tenant who repairs due to lose partial or full use of the thing, have the right not to pay the price of the lease, ask the price reduction or termination of the contract, loss of use longer than two months in their respective cases.

Section 2446 .- If the same thing has been leased separately to two or more persons for the same time, the lease will prevail first date, if it is not possible to verify the priority of the latter, it will be the lease that is in possession of the leased .

If the lease must be registered in the Register, only worth enrolled.

Section 2447 .- In leases that have lasted more than five years and when the tenant has made major improvements in the leased estate, is this right if it is current in paying the rent, which, under equal conditions, in case of sale is preferred in terms of Article 2448-J of this Code.

CHAPTER IV

Lease of Property Intended for Room Urban


Section 2448 .- The provisions of Articles 2448-A, 2448-B, 2448-2448-G and H are public and social interest, are therefore indispensable and therefore any stipulation to the contrary shall be null and void.

Section 2448-A .- No lease shall be given in a town that does not meet the hygiene and sanitation required by the law of matter.

Item 2448-B .- The landlord who does not do the works ordered by the appropriate authority as necessary for a city livable, sanitary and safe is responsible for damages that tenants suffer as a result.

Item 2448-C .- The minimum duration of any lease of urban property to the room for one year will be forced to landlord and tenant, unless otherwise agreed.

Item 2448-D .- For purposes of this Chapter, the income must be stipulated in national currency.

Item 2448-E .- The rent must be paid within the agreed timeframe and in the absence of agreement, monthly in arrears.

The tenant is not obligated to pay rent but from the day you receive the property under contract.

Item 2448-F .- For purposes of this Chapter, the lease must be in writing, the absence of this formality is charged to the landlord.

The contract must contain at least the following provisions:

I. Name of landlord and tenant.

II. The location of the property.

III. Detailed description of the property under contract and the fixtures and fittings that account for the use and enjoyment thereof, as well as the state saved.

IV. The amount of income.

V. The guarantee, if any.

VI. The express mention of the fate of the property leased housing.

VII. The term of the contract.

VIII. The obligations of the landlord and tenant contract in addition to those specified in the Law

Item 2448-G .- The lessor shall register the lease with the competent authority of the Federal District. Once this requirement shall provide the tenant with a registered copy of the contract.

The tenant may take action to sue the register referred to and delivery of a copy of the contract.

Likewise, the tenant is entitled to register your copy of the lease before the competent authority of the Federal District.

Item 2448-H .- The lease of urban property for the room does not end by the death of the lessor or the lessee for, but only on the grounds established by law.

With the exclusion of any other person, spouse, or concubine, the children, the ascending line by blood or marriage of the deceased tenant is subrogated to the rights and obligations thereof, in the same contract terms, provided they have permanently inhabited real estate in the tenant's life.

Not applicable provisions of the preceding paragraph to persons occupying the property as a subtenant, assignee or other similar title that is not the situation
under this article.

Item 2448-I .- (Repealed).

Item 2448-J .- In the event that the property owner decides to alienate lease, the tenant or entitled to be preferred to any third party as follows:

I. In all cases, the landlord must give the tenant written notice of its desire to sell the property, specifying the price, terms, conditions and modalities of the sale;

II. He or tenants have fifteen days to give the landlord written notice of their wish to exercise the right of preference set forth in this Article the terms and conditions of the offer, showing the amounts payable to it at the time of acceptance supply, conforming to the conditions specified in it;

III. If the landlord change any of the terms of the initial offer shall give a further written notice to the tenant, who from that time have a further period of fifteen days. If the change relates to price, the landlord is only obliged to give further notice when the same increase or decrease of more than ten percent;

IV. In the case of property subject to condominium ownership, the provisions of the law of matter and

V. The purchase and sale made in contravention of the provisions of this Article shall grant the lessee the right to seek damages, no compensation for these concepts may be less than 50% of the rent paid by the tenant in the last twelve months . The aforementioned action prescribed sixty days after the tenant is aware that the completion of the transaction in question.

If the tenant does not comply with the conditions set out in Sections II or III of this article, precluirá right.

Item 2448-K .- If several tenants makes use of preemptive rights referred to in the preceding article, shall be preferred to have rented oldest part of the building and, if equal, the first display of the amount due under the terms of the fraction II the preceding article, unless otherwise agreed.

Article 2448-L .- (Repealed).

Section 2449 .- (Repealed).

Section 2450 .- (Repealed).

Section 2451 .- (Repealed).

Section 2452 .- (Repealed).

CHAPTER V

Lease of Farms


Section 2453 .- (Repealed).

Section 2454 .- The rent must be paid within the agreed timeframe and, failing agreement, by arrears.

Section 2455 .- The tenant is not entitled to the reduction of rent for leased land sterility or loss of fruit from ordinary acts of God, but in case of loss of more than half of the fruit, for extraordinary acts of God.

Is understood by extraordinary acts of God, fire, war, pestilence, unusual flood, locusts, earthquake or other unusual event and also the contractors were unable to reasonably predict.

In these cases, the lease price will be reduced proportionally to the amount of losses.

The provisions of this Article shall not be waived.

Section 2456 .- In the lease of rural land for a specified period, should the tenant in the last year to remain on the farm, to allow his successor or owner, if the fallow lands are vacant and in which he to verify the new planting and the use of buildings and other means necessary for preparatory work for the following year.

Section 2457 .- The permit referred to in the preceding article shall not be required but in the time period and strictly indispensable, according to local custom, unless otherwise agreed.

Section 2458 .- After the lease, will turn the outgoing tenant, the right to use land and buildings for the time absolutely necessary for the collection and use of the fruits remaining at the end of the contract.

CHAPTER VI

The Property Leasing


Section 2459 .- Apply to the lease of goods the provisions of this title consistent with the nature of these assets.

Section 2460 .- If the contract has not been fixed, or expressed any use to the thing goes, the tenant will be free to return any time, and the landlord can not ask for but five days after conclusion of the contract.

Section 2461 .- If the thing leased for years, months, weeks or days, the rent shall be paid at the maturity of each of these terms, unless otherwise agreed.

Section 2462 .- If the contract is concluded for a fixed period, the rent shall be paid upon expiration of the term, unless otherwise agreed.

Section 2463 .- If the renter returns the thing before the time agreed, when adjusted for one price, is required to pay in full, but if the tenant is adjusted for periods of time, is only required to pay for the calendar periods to delivery.

Section 2464 .- The tenant is obligated to pay the full price when the lease was for a fixed period and only got as terms for payment.

Section 2465 .- If you lease a building or room furnished is understood that the lease of furniture is the same time as the building or room, unless otherwise specified.

Section 2466 .- When the furniture is spaced'll rent the building, its rent is governed by the provisions of this Chapter.

Section 2467 .- The tenant is obliged to make small repairs requiring the use of the thing leased.

Section 2468 .- The loss or deterioration of the thing hired, always presumed to be borne by the tenant, unless he proves that he came without his fault, in which case the responsibility of the landlord.

Section 2469 .- Even when the loss or damage occurring by accident, will be borne by the tenant, if he used the thing in a manner not in accordance with the contract, and without the use of which would have ensued if not fortuitous.

Section 2470 .- The tenant is obliged to feed and drink the animal for as long as it is in your power, so that is not deteriorated, and light cure disease, unable to charge anything to the owner.

Section 2471 .- The fruits of the rented animals belong to the owner, unless otherwise agreed.

Section 2472 .- In case of death of an animal rented his remains will be delivered by the tenant to the owner if they are of some use and may transport.

Section 2473 .- When you lease two or more animals that form a whole, as yoke or a shot, and one of them is disabled, is terminated lease, unless the owner wants to take another to form a whole with the one that survived.

Section 2474 .- The one or more animals to hire a specified individually, before being delivered to the tenant inutilizaren no fault of the landlord, will be entirely free of the obligation if the tenant has notified immediately after the animal was rendered useless, but if it is disabled by fault of the landlord or if you have not given notice, subject to payment of damages, or replace the animal at the choice of tenant.

Section 2475 .- For the previous article, if the lease was not treated animal individually determined, but a certain number and gender, the landlord is obliged to damages, provided that lack of delivery.

Section 2476 .- If the lease of a rural property should be included cattle-breeding farm or existing in it, the lessee shall, in respect of cattle, the same rights and obligations of the tenant, but is not required to give bond.

Section 2477 .- The provisions of Article 2465 applies to the instruments of the leased real estate.

CHAPTER VII

Special provisions for leases indefinitely


Section 2478 .- All leases that are not expressly concluded for certain, will be completed by any of the contracting parties, by written notice given the other party with fifteen days notice if the property is urban, and one year if rustic .

Section 2479 .- Since the notice referred to in the preceding article, the urban farm tenant is obliged to show cards and inside the home to those who would see it. In respect of rural land, observe the provisions of Articles 2456, 2457 and 2458.

CHAPTER VIII

The Sublease


Section 2480 .- The tenant may not sublet the thing leased in whole or in part, or assign its rights without the consent of the lessor, if we did, jointly and severally liable to the subtenant, of the damages.

Section 2481 .- If the sublease is made in accordance with the general authorization granted in the contract, the renter is responsible to the landlord as if he continued in the use or enjoyment of the thing.

Section 2482 .- If the landlord expressly approves a special contract of sublease, the sublessee is subrogated to all rights and obligations of the tenant, by agreement unless otherwise agreed.

CHAPTER IX

Mode Terminate Lease


Section 2483 .- The lease can be determined:

I. For having met the deadline in the contract or by law, or be satisfied in order for the thing was leased;

II. By express agreement;

III. Declared invalid;

IV. Termination;

V. For confusion;

VI. Loss or destruction of the thing leased, by accident or force majeure;

VII. Expropriation of the leased property made by a public purpose;

VIII. For eviction of the thing leased.

Section 2484 .- If the lease is made for a fixed term ends at the specified day. If no time stated, shall be observed the provisions of Sections 2478 and 2479.

Section 2485 .- (Repealed).

Section 2486 .- (Repealed).

Section 2487 .- If after the end of the period for which held the lease, the lessee continues unopposed in the use and enjoyment of the leased asset, the lease will continue indefinitely, being obliged the tenant to pay rent for the time corresponding to exceed as agreed in the contract, either party may request termination of the contract in terms of Article 2478. The obligations assumed by a third party to ensure compliance with the lease, cease at the end of the period, unless otherwise agreed.

Section 2488 .- (Repealed).

Section 2489 .- The landlord may demand rescission of the contract:

I. For nonpayment of rent in the terms provided in Section I of Article 2425;

II. For the thing used in contravention of the provisions of section III of Article 2425;

III. From sub-letting the thing in contravention of Article 2480.

IV. For serious damage to the leased property attributable to the tenant, and

V. By varying the shape of the thing leased without the consent of the lessor under the terms of Article 2441.

Section 2490 .- The lessee may demand termination of the contract:

I. For contravening the landlord the obligation referred to in Section II of Article 2412 of this ordinance;

II. For total or partial loss of the thing leased in terms of articles 2431, 2434 and 2445, and

III. Due to the existence of defects or hidden defects of the thing, and unknown prior to lease by the lessee.

Section 2491 .- (Repealed).

Section 2492 .- If the landlord, without cause, opposes the right to sublease to the tenant wishes to make, the latter may seek rescission of the contract.

Section 2493 .- If the beneficial owner is not expressed as such to make the lease, and have consolidated the property with the lease, the landlord requires vacating the property, the lessee has right to sue the landlord compensation for damages.

Section 2494 .- (Repealed).

Section 2495 .- If the property given on lease are disposed of in court, the lease shall continue, unless it appears to be held within sixty days prior to the seizure of the property, in which case the lease may be terminated.

Section 2496 .- In cases of expropriation and judicial execution, observe the provisions of Articles 2456, 2457 and 2458.

TITLE SEVEN

The Commodatum


Section 2497 .- The bailment is a contract whereby one party undertakes to grant free use of a thing is not fungible, and the other assumes the obligation to restore it individually.

Section 2498 .- When the loan was entered to things consumable bailment only be borrowed as though they were not fungible, that is to be restored identically.

Section 2499 .- Tutors, curators and all general managers of property of others, may not give as a loan, without special authorization, the goods entrusted to their care.

Section 2500 .- Without permission from the lender the borrower can not grant a third use of the thing loaned.

Section 2501 .- The borrower acquires the use, but not the fruits and accessions of the thing lent.

Article 2502 .- The borrower is obliged to use all diligence in the preservation of the thing, and is responsible for any deterioration that she suffers because of it.

Section 2503 .- If the damage is such that the thing is not likely to be used in its ordinary use, the lender may require the previous value of it, leaving his property to the borrower.

Section 2504 .- The borrower is responsible for the loss of the thing if used in different use or for longer than agreed, even if it come upon by accident.

Section 2505 .- If the thing perishes by accident, that the borrower may have their own secure employment, or if unable to retain only one of the two, preferred his own, responsible for the loss of the other.

Section 2506 .- If the thing has been estimated to provide it, your loss, even after the mine by accident, is borne by the borrower, who must deliver the price, if no express agreement to the contrary.

Section 2507 .- If things deteriorate with the sole purpose of the use for which it was provided, and no fault of the borrower, it is not responsible for the deterioration.

Section 2508 .- The borrower has no right to repeat the amount of expenditure needed for ordinary use and conservation of thing loaned.

Section 2509 .- The borrower is not entitled to retain the thing to excuse it by any other expense or because the owner owes.

Section 2510 .- Being two or more borrower, subject to the same obligations jointly.

Section 2511 .- If you have not determined the use or the term of the loan, the lender may demand the thing when his sight. In this case, evidence that they have agreed to use or within, it is the borrower.

Section 2512 .- The lender may demand the return of the thing before the deadline or use agreed, there came an urgent need for it, proving that there is a danger that it perish if it continues on to the borrower, or if it has authorized a third party to use of the thing, without consent of lender.

Section 2513 .- If during the loan the borrower has had to make for the preservation of the thing, some extraordinary expense and so urgent that he could not give notice of it to the lender, it shall be obliged to repay.

Section 2514 .- When the thing lent such defects which cause injury to that serves it, the lender is responsible for these, if he knew the defects and did not give timely notice to the borrower.

Section 2515 .- The bailment ends by the death of the borrower.

PART EIGHT

Deposit and Sequestration


CHAPTER I

Deposit


Section 2516 .- The deposit is a contract whereby the depository to the depositor is obliged to receive a thing, real or personal property entrusted to it and save it to restore it when you ask the depositor.

Section 2517 .- Unless otherwise agreed, the depositary is entitled to demand payment for the deposit, which under the terms of the contract and, failing that, to the uses of the site that constitute the warehouse.

Section 2518 .- The securities custody, securities, cash or interest-bearing documents, are required to make the collection of these in times of maturity, as well as to practice whatever actions are necessary for the purposes laid preserve their value and rights they are entitled under the law.

Section 2519 .- The inability of one party does not relieve the other obligations to be met which deposits and depository.

Section 2520 .- The unable to accept the deposit may, if sued for damages, raise as a defense the invalidity of the contract, but not to return may be waived if the thing deposited is still preserved in his power, or profit received by him from disposal.

Section 2521 .- When the disability does not is absolute, the depositary may be ordered to pay damages, if any acted with malice or bad faith.

Section 2522 .- The depositary is required to keep the thing to be stored as you receive it and return it when requested by the depositor, but by becoming the deposit is fixed term and it has not arrived.

In the preservation of the deposit will answer the depositary of the impairments and damages things suffer damages deposited by malice or negligence.

Section 2523 .- If after the deposit made known to the depositary of the thing is stolen and who the true owner must provide notice to it or the competent authority with due reserve.

Section 2524 .- If within eight days will not be sent legally withhold or deliver the thing, you can return it to he deposited, without thereby becoming subject to liability.

Section 2525 .- As many who take a single thing or amount on deposit, the depositary will not deliver but with the consent of the majority of depositors, computed by numbers and not people, unless the tank has become agreed that the delivery is made to any of the depositors.

Section 2526 .- The depositary will deliver to each depositor a part of the thing, if by becoming the deposit was noted that each share.

Section 2527 .- If there is no place designated for delivery of the deposit, the refund will be made to the place where you find the thing deposited. Delivery costs will be borne by the depositor.

Section 2528 .- The depositary is not required to deliver the thing when it has been judicially ordered to retain or seize.

Section 2529 .- The depositary may, for cause, return the thing before the agreed deadline.

Section 2530 .- When the depositary or try to discover the thing deposited is yours, and the depositor maintain its rights to insist, must occur to the judge asking him to retain or to order a judicial deposit.

Section 2531 .- When there is no stipulated time, the depositary may return the deposit to the depositor at any time, always alert you with a cautious advance, if something needs to be prepared to guard the thing.

Section 2532 .- The depositor is liable to compensate the depository for all expenditures made in preserving the deposit and the damages he suffered.

Section 2533 .- The depositary may retain the thing, even to ask for it has not received the amount of the expenses referred to in the preceding article, but may, in this case, if payment is not sure, ask for judicial retention tank .

Section 2534 .- Nor can retain the thing as a pledge to guarantee another loan he has against the depositor.

Section 2535 .- The owners of establishments where the guests that are responsible for the deterioration, destruction or loss of the effects introduced on the premises with their consent or their authorized employees, by the people staying there, unless he proves that the damage suffered is attributable to these individuals, their companions, his servants or visiting, or coming from a fortuitous event or force majeure or vices of the same effects.

The responsibility of speaking this article, shall not exceed the sum of two hundred fifty dollars when you can not impute guilt to the hotel or its staff.

Section 2536 .- For owners of establishments where the guests that are responsible for the money, valuables or objects of notoriously high prices in these establishments to introduce people staying there, they need to be delivered in trust to them or their duly authorized employees.

Section 2537 .- The landlord is not relieved of liability imposed by the previous two articles put notices in their establishment to avoid it. Any agreement to hold, limiting or modifying the liability will be nil.

Section 2538 .- Eateries, cafes, bathhouses and other similar establishments, do not respond to the effects of introducing the customers, unless placed under the care of the employees of the establishment.

CHAPTER II

Kidnapping


Section 2539 .- Sequestration is the deposit of a thing in litigation in the hands of another, until you decide who to surrender.

Section 2540 .- Kidnapping is conventional or judicial.

Section 2541 .- The conventional sequestration takes place when the litigants settle the matter in dispute in the hands of a third party who agrees to deliver, which ended the lawsuit, which according to the statement entitled to it.

Section 2542 .- The conventional charge of kidnapping can not free himself from it before the end of the lawsuit, but indulging in it all the stakeholders, or cause the judge to declare legitimate.

Section 2543 .- Apart from the abovementioned exceptions, apply to the conventional kidnapping the same provisions for the deposit.

Section 2544 .- Kidnapping is the judicial decree establishing the court.

Section 2545 .- Judicial sequestration is governed by the Code of Civil Procedure and, alternatively, for the same conventional sequestration.

NINTH TITLE

Mandate


CHAPTER I

General Provisions


Section 2546 .- The mandate is a contract which the agent is obliged to execute on behalf of the principal legal acts that it may require.

Section 2547 .- The contract term is deemed perfect by the acceptance agent.

The mandate involves the exercise of a profession is deemed accepted when given to people who offer the public exercise of their profession, just because they do not refuse within three days.

Acceptance may be express or implied. Tacit acceptance is any act in execution of a command.

Section 2548 .- The mandate can be all lawful acts for which the law does not require the personal intervention of interest.

Section 2549 .- Only the mandate will be free where this has been expressly agreed.

Section 2550 .- The term can be written or verbal.

Section 2551 .- The written order may be granted:

I. In deed;

II. In private letter, signed by the grantor and two witnesses signatures and endorsed by a Notary Public, Judge of First Instance Judges Juvenile or Peace, or before the appropriate administrative officer or employee, when the mandate is issued for administrative matters;

III. In proxy signature without ratification.

Section 2552 .- The verbal command is given to word in mind, whether or not witnesses intervened.

When the verbal mandate has been written to be ratified before the end of the business to be given.

Section 2553 .- The mandate may be general or special. Are usually contained in the first three paragraphs of Article 2554. Any other term shall be considered special.

Section 2554 .- In all the general powers of attorney and collections, suffice to say that given all the general and special powers requiring a special clause under the law, so that they understand conferred without any limitation.

General powers of attorney to administer property, simply state that given in confidence, for the agent to have all sorts of administrative powers.

General powers of attorney to exercise acts of ownership, sufficient to give that character for the agent to have all the powers of ownership, both in relation to goods, to do all sorts of efforts to defend them.

When the limit as they will, in all three cases above, the powers of proxies is made, limitations, or the powers will be special.

Notaries inserted this article in the testimonies of the powers granted.

Section 2555 .- The mandate must be given in a public deed or power of attorney signed before two witnesses and ratified the signatures of grantor and witnesses before a notary, before judges or competent administrative authorities:

I. When general;

II .- When the interest of business to transfer that exceeds the equivalent of one thousand times the general minimum wage in Mexico City at the time of granting, or

III. Where by reason of it is to run the agent on behalf of the client, an act which by law must be stated in a public instrument.

Section 2556 .- The mandate may be given in private writing signed before two witnesses, without requiring prior ratification of the signatures, where the interest of business to transfer that does not exceed one thousand times the general minimum wage in Mexico City when granted.

It can only be verbal mandate business where the interest of not more than fifty times the general minimum wage in Mexico City when granted.

Section 2557 .- The omission of the requirements of the preceding articles, the term cancels, leaving only remaining obligations from the third party has acted in good faith and the president, as if it had acted in self-employment.

Section 2558 .- If the principal, the president and who has dealt with it, acted in bad faith, none of them is entitled to assert the lack of a mandate.

Section 2559 .- In the case of Article 2557, the principal may require the agent to return the sums which have been, and for which the latter will be considered as a mere depositary.

Section 2560 .- The agent, unless the agreement between him and the principal, may fulfill the mandate treaty in its own name or the principal.

Section 2561 .- Where the agent is in their own name, the principal has no action against the persons with whom the president has engaged, or they do not against the principal.

In this case the agent is bound directly for the person who has contracted, as if the matter was personal detail. Except in the case concerned the principal of his own things.

The provisions of this Article is without prejudice to any action between principal and agent.

CHAPTER II

Obligations of the President with respect to the Principal


Section 2562 .- The president, in performing their duties, be subject to the instructions received from the client and in no case may proceed against the express provisions thereof.

Section 2563 .- As expected and not specifically prescribed by the principal, the president must consult, if permitted by the nature of business. If the consultation is not possible or is the authorized representative to act at will, do what prudence dictates, taking care of business as their own.

Section 2564 .- If an unforeseen accident doeth, according to the president, bad execution of instructions, may suspend the mandate, and communicating to the client by the quickest means possible.

Section 2565 .- The operations performed by the agent, in violation or excess of the order received, in addition to compensation for the principal, damages, will be at the option of ratifying or leave it by the president.

Section 2566 .- The president is required to give timely notice to the principal of all facts or circumstances that may determine to revoke or modify the order. Also pass it without delay of the execution of the request.

Section 2567 .- The president can not compensate for the damages caused to the profits who otherwise have sought the principal.

Section 2568 .- The president is exceeding his powers, is responsible for damages caused to the client and the contracted third party with whom, if he knew that he went beyond the limits of the mandate.

Section 2569 .- The president is obliged to give the client an exact account of his administration, according to the agreement, if any, when they had not when the client request, and in any case the end of the contract.

Section 2570 .- The president is obliged to give the client everything that has been under power.

Section 2571 .- Nothing in the preceding article shall be observed even if what the president was not due to the principal.

Section 2572 .- The agent must pay the interest on the sums belonging to the principal and has distracted from its object and invested their own advantage, from the date of investment, as well as the quantities in which it reached from the date of incorporation in arrears.

Section 2573 .- If it gives a mandate to various people regarding the same business, even in a single act, it shall be jointly liable if not expressly so agreed.

Section 2574 .- The president may entrust a third term performance if you have express powers to do so.

Section 2575 .- If the person was appointed the substitute may not appoint another, if not designated person may appoint you want, and in this case is liable only when the person elected be in bad faith or shall be found in notable insolvency.

Section 2576 .- The substitute has to with the client the same rights and duties of the president.

CHAPTER III

Obligations of the Principal in relation to the President


Section 2577 .- The principal must anticipate the president, at his request, the sums necessary for the implementation of the mandate.

If the president has advanced, it must repay the principal, although the business has not gone well, provided it is not at fault the president.

The refund will include the interests of the anticipated amount, counting from the day the advance is made.

Section 2578 .- The principal must also indemnify the agent for all damages that may have caused the fulfillment of the mandate, without fault or negligence of the same agent.

Section 2579 .- The president may retain in pledge the things which are the subject of the mandate until the client makes the compensation and reimbursement that covers the previous two articles.

Section 2580 .- If many people would have appointed one representative for a common business, you are jointly liable for all purposes of the mandate.

CHAPTER IV

Obligations and Rights of the Principal and the President with respect to Third


Section 2581 .- The principal must fulfill all the obligations that the president has made within the limits of the mandate.

Section 2582 .- The president did not take action to enforce obligations on behalf of the client, unless that power is also included in power.

Section 2583 .- The president acts on behalf of the client practice, but going beyond the express limits of the mandate will be zero, compared to the same principal, if not tacitly or explicitly endorses.

Section 2584 .- The third parties who have contracted with the agent who exceeded his powers, shall have no action against it, if we had released were those and what has not been personally obligated by the principal.

CHAPTER V

The Writ


Section 2585 .- They may not be attorneys at trial:

I. The disabled;

II. Judges, magistrates and other officers and employees of the administration of justice, exercising, within its jurisdiction;

III. Employees of the Treasury, in any case in which to intervene on its own, within their respective districts.

Section 2586 .- The injunction will be granted in a public or presented in writing and ratified by the grantor before a judge of the cars. If the judge does not know the grantor, will require identification witnesses.

The substitution of the injunction will be in the same way as granted.

Section 2587 .- The attorney does not need power or qualification but in the following cases:

I. To desist;

II. To compromise;

III. To commit to arbitration;

IV. To absolve and articulate positions;

V. To transfer of assets;

VI. To challenge;

VII. To receive payments;

VIII. For other acts expressly determined by law.

When the general powers conferred desired one or more of the powers enumerated above, observe the provisions of the first paragraph of Article 2554.

Section 2588 .- The prosecutor, accepted the power, is obliged:

I. To continue the trial for all instances until your order has ceased for some of the causes expressed in Article 2595;

II. To pay the expenses caused to his body, except the right of that is the principal repayments;

III. In practice, the responsibility that this Code requires the president when necessary to defend his principal, arranging affection to the instructions that he have given him, and if not any, to that required by the nature and character of litigation.

Section 2589 .- The attorney or attorney to accept the mandate of a party can not admit the opposite, in the same trial, but waived the first.

Section 2590 .- The attorney or attorney to reveal to the opposing party the secrets of his principal or client, or provide it with documents or data that harm will be responsible for all damages, being also subject to what these cases have the Penal Code.

Section 2591 .- The prosecutor who hath just impediment to fulfill your order, you can not leave without replacing the term, with authority to do so or without notice to his principal, to appoint another person.

Section 2592 .- The attorney representing the stops, besides the cases mentioned in Article 2595:

I. To separate the constituent of the action or opposition which has made;

II. Having completed the personality of the grantor;

III. Having passed the principal to another his rights to the thing in litigation, after the transfer or assignment be given proper notice and proof in the record;

IV. For the business owner to do some action in court, saying that repealing the mandate;

V. To name the principal another attorney for the same business.

Section 2593 .- The prosecutor who has replaced a power, may revoke the substitution if you have authority to do so, ruling in this case, for the substitute, the provisions of Section IV of the preceding article.

Section 2594 .- The part can be ratified before the sentence be final, which the attorney has made overstepping of power.

CHAPTER VI

Of the various modes of termination of the Mandate


Section 2595 .- Term expires:

I. For the revocation;

II. On the resignation of the president;

III. On the death of the principal or agent;

IV. For the interdiction of either;

V. By the deadline and the conclusion of the business for which it was granted;

VI. In the cases covered by Articles 670, 671 and 672.

Section 2596 .- The principal may revoke the mandate when and how you see fit, less in cases where the grant has been stipulated as a condition in a bilateral contract, or as a means to fulfill an obligation.

In these cases the agent can not give power.

The repeal or waive part of the mandate at inopportune times, must compensate the other for the damages you cause.

Section 2597 .- When given a mandate to deal with a certain person, the principal must notify the recall it, on pain of being bound by the actions of chief executive after the revocation, whenever there has been good faith by that person .

Section 2598 .- The principal may demand the return of the instrument or writing setting forth the mandate, and all documents relating to the business or businesses that was in charge of the president.

The client neglects to demand the documents certifying the powers of the trustee, is liable for damages resulting from that cause to third parties in good faith.

Section 2599 .- The creation of a new agent for the same case, the revocation of the first matter, from the day it is notified to the new appointment.

Section 2600 .- Although the mandate ends at the death of the principal, the president must continue in the administration, while the heirs provide for themselves in business, provided that otherwise might be some harm.

Section 2601 .- For the previous article, the president has the right to ask the judge to fix a short term to heirs to be present to take care of business.

Section 2602 .- If the term ends president's death, his heirs must give notice to the principal and practice, while a ruling, only the steps that are essential to avoid any damage.

Section 2603 .- The president who resigns is bound to follow the business as the client does not provide the procurement, if otherwise is still a loss.

Section 2604 .- What the president, knowing that the mandate has ceased, have done to a third party which ignores the term of the administration, does not bind the principal, was the case under Article 2597.

TENTH TITLE

Contract Servicing


CHAPTER I

Domestic Service, the Service Journal, the Service Lump Sum where the operator simply puts his job and Learning Contract


Section 2605 .- Domestic service, service by the day, the service lump sum where the operator simply places his work, and the apprenticeship contract shall be governed by the Regulatory Law to be issued by the Congress of the Union, as ordered in the 1st paragraph. Article 123 of the Federal Constitution.

While that law is issued, shall follow the provisions contained in Chapters I, II, V and relative share of III, Title XIII of Book III of the Civil Code of the Federal District and Territories, which began to be in force the 1st. June 1884, which contradict the basis set out in that Article 123 of the Constitution and the provisions in Articles 4 and 5 of the Basic Code.

CHAPTER II

Provision of Professional Services


Section 2606 .- The providing and receiving professional services; can be set by mutual agreement, due penalty for them.

In the case of unionized professionals which they would be observed the provisions set forth in the respective collective bargaining agreement.

Section 2607 .- When has not been agreement, fees are regulated together in response to local custom, the importance of the work performed, to the issue or event that are rendered at the monetary authority receiving the service and professional reputation have learned that you have provided. If so regulated services provided by the tariff, it will be the standard for determining the amount of fees claimed.

Section 2608 .- Those without the title for members of the professions for which the law requires exercise title, in addition to incurring the respective sentence, shall not be entitled to collect payment for professional services they have provided.

Section 2609 .- The professional services may include the expense to be done in the business in which they shall render. A lack of agreement on reimbursement, advances shall be paid in terms of the following article, with legal interest from the day on which they were made without prejudice to the liability for damages when it has rise to it.


Section 2610 .- Payment of fees and expenses, if any, will be in the place of residence which has provided professional services to provide each service immediately or at the end of all, when detached from the teacher or have completed the business or work entrusted to him.

Section 2611 .- If several people entrust a business, they will all be severally liable for the fees of the teacher and the advances he has made.

Section 2612 .- When several teachers in science itself serving in a business or matter may charge for services that have given each individual.

Section 2613 .- Teachers are entitled to claim their fees, regardless of the success of the business or work entrusted to them, unless otherwise agreed.

Section 2614 .- Whenever a teacher is unable to continue providing their services, must provide timely notice to the person who occupies, being obliged to pay damages that are caused when this ad does not communicate with opportunity. For lawyers also be observed, the provisions of Article 2589.

Section 2615 .- The providing professional services, is only responsible to the people it serves, through negligence, incompetence or fraud, without prejudice to other penalties if a crime deserves.

CHAPTER III Works Contract Lump Sum


Section 2616 .- The works contract lump sum when the employer directs the work and makes the material is subject to the following rules.

Section 2617 .- The entire risk of the work shall be borne by the employer to the act of delivery, unless any default on the part of the building owner to receive it, or express agreement to the contrary.

Section 2618 .- Whenever the employer is responsible for setting the play closed in a matter of property whose value is more than a hundred pesos, will be awarded the contract in writing, including a detailed description on it, and in cases that require a plan, drawing or budget of the work.

Section 2619 .- If no plan, design or budget for the implementation of the work and difficulties arise between the entrepreneur and the owner shall be resolved taking into account the nature of the work, the price of it and the custom of the place, hearing himself to the opinion of experts .

Section 2620 .- The expert who forms the background, design or budget of a work, and run, can not collect the drawings, design or budget out of the work fee, more if it was not executed because the owner can redeem it at unless the charge has been agreed that the owner does not pay if you do not so agree to accept it.

Section 2621 .- When you have invited several experts to make plans, designs and budgets, in order to choose between them that seems best, and experts have been aware of this fact, no one can charge a fee, unless an express agreement.

Section 2622 .- In the case of the preceding Article shall the author of the plan, design or budget accepted recover the value when the work implements according to him by another person.

Section 2623 .- The author of a plan, design or budget that has not been accepted, may also recover the value if the work implements according to him by another person, even when they have made modifications in the details.

Section 2624 .- When to undertake a work is not fixed price, it shall be presumed if the contractors do not agree then the designated by the tariffs, or lack thereof which ices complementing experts.

Section 2625 .- The price of the work shall be paid upon delivery thereof, unless otherwise agreed.

Section 2626 .- The employer is responsible for performing some work for certain price, has no right to demand then no increase, although it has had the price of materials or wages.

Section 2627 .- Nothing in the preceding article shall also be observed when there has been any change or increase in the plan or design, unless they are authorized in writing by the owner and with the express designation of the price.

Section 2628 .- Once the price paid and received, no place to complain about it, unless to pay or receive, the parties have expressly reserved the right to claim.

Section 2629 .- Whoever undertakes to do a work for close fit, you must begin and end on the terms designated in the contract, and otherwise, which are sufficient, according to experts.

Section 2630 .- Which require them to make a work piece or as it may require the owner to receive it in parts and is paid in proportion to the received.

Section 2631 .- The party is presumed approved paid and received by the owner, but there shall be no presumption that just because the owner has made good progress to realize the price of the work, if the payment is expressed to apply to the part already delivered.

Section 2632 .- The provisions in the two previous articles, is not observed when the parts are sent to build can not be useful, but together forming a whole.

Section 2633 .- The employer is responsible for executing any work, can not make it run on the other, unless otherwise agreed or the owner consents in these cases, the work will always be under the responsibility of the employer.

Section 2634 .- Received and approved the work for which the charge, the employer is liable for defects that appear after which come from flaws in its construction and workmanship, poor quality of materials used or vices of the soil in which it was made, unless express provision that the owner have been used defective materials, after the employer has given you to know his faults, or has been built on improper ground chosen by the owner, despite the observations of the entrepreneur.

Section 2635 .- The owner of a work set at a fixed price, the company may abandon started, so to compensate the employer of all the expenses and work and the utility could have taken from the work.

Section 2636 .- When the work was adjusted for weight or measure, without designating the number of pieces or the full measure, the contract may be resolved by both sides, concluded that the parties designated, paying the complete.

Section 2637 .- Businessman paid what is due, according to the two previous articles, the owner is free to continue the work, employing other people, even if it continues under the same plan, design or budget.

Section 2638 .- If the employer dies before completing the work, the contract may be terminated, but the owner will indemnify the heirs of the former, labor and expenses incurred.

Section 2639 .- The same provision will take place if the employer can not conclude the work by any cause beyond its control.

Section 2640 .- If he dies the owner of the work, not terminate the contract and their heirs will be responsible for compliance with the employer.

Section 2641 .- Those working on behalf of the employer or to furnish material for the work, have no action against the owner of it, until the amount reaches the entrepreneur.

Section 2642 .- The employer is responsible for the work performed by persons occupying the site.

Section 2643 .- When it is agreed that the work should be done to the satisfaction of the owner or another person, reserved approval means, according to experts.

Section 2644 .- The builder of any work is entitled to retain cabinet when not paid, and your credit will be covered, preferably with the price of that work.

Section 2645 .- Entrepreneurs builders are responsible for the failure of the police or municipal regulations and for any damage caused to the residents.

CHAPTER IV

Porters and rental of


Section 2646 .- The contract whereby one undertakes to carry under his immediate direction or their dependents, by land, water or air, people, animals, goods or any other objects, if not a commercial contract is governed by the following rules.

Section 2647 .- Carriers are liable for the damage to people's default drivers and means of transport used, and this defect is presumed if the employer does not prove that evil came about by force majeure or unforeseeable circumstances that may be charged.

Section 2648 .- Respond equally, loss and damage of the things they receive, unless they prove that the loss or damage has come from a fortuitous event, force majeure or defect of the same things.

Section 2649 .- They also respond to omissions or mistakes which have effects in remission, either do not send them on the journey laid down, whether you send them to different part of the agreed rate.

Section 2650 .- Respond also to the damage caused by delay in the trip, either starting or during its course, or by mutation map, unless they prove that a fortuitous event or force majeure forced to do so.

Section 2651 .- Carriers are not responsible for the things that are not delivered to them, but their drivers, sailors, rowers or dependents who are not authorized to receive them.

Section 2652 .- For the previous article, the exclusive responsibility of the person who gave the thing.

Section 2653 .- The responsibility for all offenses committed during transport, tax laws or regulations or police will be the driver and no passengers or the owners of things leads, unless the absence has been committed by these people.

Section 2654 .- The carrier is not liable for the faults referred to in the preceding article about the penalties, but if she has a fault, but it will always be compensation for damages, according to the requirements for.

Section 2655 .- The passengers have no right to demand acceleration or delay in the journey, nor any alteration in route, or arrests or stops when these events are marked by the respective regulations or the contract.

Section 2656 .- The carrier effects should extend to the shipper a bill of lading in which it may request a copy. The letter expressed:

I. The name and address of the shipper;

II. The name and address of carrier;

III. The name and address of the person to whom or to whose order are intended purposes, or for delivery to the carrier of the same letter;

IV. The designation of the effects, showing their generic quality, weight and markings or signs outside of the packages in which they are contained;

V. The price of transport;

VI. The date the shipment is made;

VII. The place of delivery to the carrier;

VIII. The place and time when they will be delivery to the consignee;

IX. The compensation has to pay the carrier in case of delay, if this point mediare a covenant.

Section 2657 .- The actions arising from transport, whether for or against the carriers, do not last more than six months after the end of the trip.

Section 2658 .- If the thing transported out of a dangerous nature, poor quality or not in conveniently packaged or bottled, and the damage proviniere any of these circumstances, the responsibility will be the owner of the carriage, if they had knowledge of, otherwise, the responsibility which will be contracted with the carrier, both the damage being caused in the thing, as the receiving means of transport or other persons or objects.

Section 2659 .- The landlord must state the defects of the horse or any other means of transport, and is responsible for damages resulting from the lack of this statement.

Section 2660 .- If the horse dies or becomes ill or is disabled while in general the means of transport, the loss will be borne by the landlord, unless he proves that the damage came because of another contractor.

Section 2661 .- In the absence of express agreement, observe the custom, and the amount of price or cost, or as the time when the payment is to be made.

Section 2662 .- The credit rates which are payable to the carrier, preferably will be paid with the price of the goods transported, if they are held by the creditor.

Section 2663 .- The contract of carriage is terminable at will the charger before or after starting the trip, paying the carrier the first case half and the second the full size, and being his duty to receive the effects at the site and the day the cancellation is verified. If you do not comply with this obligation, or fail to pay the postage in cash, the contract shall terminate.

Section 2664 .- The contract of carriage is terminated actually taken the trip before or during its course, if sobreviniere some event of force majeure, preventing verify or continue.

Section 2665 .- In the case referred to in the previous article, each will lose interest expenses if the trip has made has not been verified, and if in progress, the carrier is entitled to be paid the proportionate size of the road route, and the obligation to report the effects for deposit to the judicial authority of the point where it no longer possible to continue, checking and collecting the relative constancy in the state of being entered in the consignment note, of which fact provide timely knowledge of the charger, which should be available.

CHAPTER V

Hosting Contract


Section 2666 .- The accommodation contract occurs when one lends to another shelter, through the agreed fee, understood or not, as stipulated, food and other costs arising hosting.

Section 2667 .- This contract will be tacitly, if provided by the public house accommodation is intended for that purpose.

Section 2668 .- The accommodation is expressly governed by the conditions and tacit issued by the regulations the competent authority and the owner of the establishment should always be written in a visible place.

Section 2669 .- The baggage of passengers respond preferentially the amount of accommodation, to this end, the owners of the establishments where they stay will retain a pledge to obtain payment of the debt.


PART ELEVEN

Associations and Societies

I. - Associations


Section 2670 .- When several individuals agree on together, so that is not entirely transitory, for a purpose that is not prohibited by law and that is not predominantly economic nature, constitute an association.

Section 2671 .- The contract for it to constitute a partnership, you must be in writing.

Section 2672 .- The association may admit and exclude members.

Section 2673 .- Associations are governed by their statutes, which shall be entered in the Public Registry to produce effects against third parties.

Section 2674 .- The supreme power of partnerships lies in the general assembly. The director or directors of which shall have the powers granted to them by the statutes and the General Assembly subject to these documents.

Section 2675 .- The general assembly shall meet at the time fixed in the statutes or convened by management. This should include a meeting when required to do whatever for at least five percent of the members, or not done, instead it will make the civil judge at the request of such partners.

Section 2676 .- The general meeting resolved:

I. Upon admission and exclusion of members;

II. On the early dissolution of the partnership or extension for longer fixed in the statutes;

III. On the appointment of director or directors if they have not been named in the deed;

IV. On the revocation of appointments made;

V. On other matters referred to it by statute.

Section 2677 .- General meetings will address only the issues contained in the respective agenda.

Their decisions will be taken to a majority vote of the members present.

Section 2678 .- Each member shall have one vote at general meetings.

Section 2679 .- The member shall not vote on decisions that are directly concerned him, his spouse, ascendants, descendants or collateral relatives within the second degree.

Section 2680 .- Members of the association shall be entitled to separate from her previous two months notice given in advance.

Section 2681 .- Associates may only be excluded from society for the causes that brought the statutes.

Section 2682 .- Associates who voluntarily separate or are expelled, they will lose any right to be social.

Section 2683 .- Members have the right to monitor the quotas are so engaged in the proposed partnership and for that purpose may examine the books and other papers of this.

Section 2684 .- The quality of membership is not transferable.

Section 2685 .- The associations, in addition to the grounds provided for in the statutes, are extinguished:

I. By consent of the general assembly;

II. Having finished the period fixed for its duration or have gotten completely the object of their foundation;

III. Because they have become unable to perform the purpose for which they were founded;

IV. By an order by competent authority.

Section 2686 .- In case of dissolution, the assets of the association is implemented as with the statutes and their unwillingness, as determined by the general assembly. In this case the assembly can only be attributed to the asset associated with the social equivalent to their contributions. Other assets will be applied to other association or foundation similar to the extinguished object.

Section 2687 .- The charities are governed by the relevant special laws.

II .- Societies

CHAPTER I

General Provisions


Section 2688 .- For the partnership agreement the partners are mutually undertake to combine their resources or efforts to achieve a common goal of predominantly economic nature, but that does not constitute a commercial speculation.

Section 2689 .- The contribution of the partners may be a sum of money or other property, or in its industry. The contribution of assets involves the transmission of your domain to the company, unless otherwise expressly agreed.

Section 2690 .- The partnership agreement must be in writing, but will be recorded in deed, when a partner transfers property to the company whose sale should be done in deed.

Section 2691 .- The lack of prescribed form for the partnership agreement, only the effect that the partners may request, at any time, which makes the liquidation of the company as agreed and, failing agreement, pursuant to Chapter V of this section, but while this settlement is not requested, the contract produces all its effects among the partners and they can not prevail against third parties that have contracted with the society, lack of form.

Section 2692 .- If I form a partnership to an illegal object, at the request of any of the partners or a third party, shall declare the nullity of the company, which will be liquidated.

After the debts paid according to law, the partners will be refunded what brought them to the society.

Profits will go to public welfare facilities of the place of domicile of the company.

Section 2693 .- The partnership agreement must contain:

I. The names of the grantors that are capable of binding;

II. The name;

III. The purpose of the society;

IV. The amount of social capital and the contribution that each partner must contribute;

If any of these requirements apply to the provisions of Article 2691.

Section 2694 .- The partnership agreement must register with the Civil Registrar of Companies to produce effects against third parties.

Section 2695 .- The societies of civil, take the form of corporations, are subject to the Commercial Code.

Section 2696 .- Void society requiring that the profits accrue exclusively to one or more of the partners and all losses to another or others.

Section 2697 .- You can not stipulate that the equity partners were restored its contribution with an additional amount, whether or not profits.

Section 2698 .- The partnership agreement can not be changed except by unanimous consent of members.

Section 2699 .- After the name will be added the words civil society.

Section 2700 .- The ability for companies to acquire real estate, shall be governed by Article 27 of the Federal Constitution and its laws and regulations.

Section 2701 .- Not fall under this title cooperatives or mutuals, which are governed by the respective special laws.

CHAPTER II

Partners


Section 2702 .- Each partner is obliged to sanitation for the case of eviction of the things that contribute to society as befits any seller, and to compensate for the shortcomings of these things as it is the seller against the buyer, especially if that promise was the use of specific assets, they will respond in accordance with the principles governing the obligations between the landlord and tenant.

Section 2703 .- Unless you have agreed in the partnership agreement can not bind the partners to make a new contribution to expand the company business. When the capital increase is agreed by most members who do not conform can be separated from society.

Section 2704 .- The alternative social obligations are guaranteed by the unlimited and joint liability of members who manage it, other partners, unless otherwise agreed, shall be obliged to contribute.

Section 2705 .- The partners may assign their rights without the prior consent of other co-partners unanimously, and without him they can not admit other new members, unless otherwise agreed in one and the other cases.

Section 2706 .- The partners enjoy the same right. If several partners want to make use of both, it shall be ensured to them in the proportion they represent. The term for exercising the right of both, will be eight days from receiving notice of intended disposition.

Section 2707 .- No member may be excluded from society but by the unanimous agreement of the other partners and for serious cause under the statutes.

Section 2708 .- The excluded partner is responsible for the loss of that product, and the other partners may retain that part of capital and profits from that to conclude outstanding transactions at the time of the declaration must be made up then the corresponding settlement.

CHAPTER III

Of Directors of the Company


Section 2709 .- The company management may rest with one or more partners. Having members specifically responsible for the administration, others can not contradict or hinder those efforts, nor prevent its effects. If management has not been limited to any of the partners, observe the provisions of Article 2719.

Section 2710 .- The appointment of the managing partners does not deprive the other partners the right to examine the state of corporate business and for this purpose require the production of books, documents and papers, in order that they may be the claims of their own choosing. Not valid waiver of the right stated in this article.

Section 2711 .- The appointment of the managing partners, made in articles of association, can not be revoked without the consent of all partners, unless the courts for fraud, fault or disability.

The appointment of directors, made after the constitution of the society it is overruled by a majority vote.

Section 2712 .- The managing partners shall exercise the powers necessary to turn and business development that are the object of the society, but unless otherwise agreed, require specific consent of the other partners:

I. To dispose of things in society, if it has not been constituted for this purpose;

II. To pledge, mortgage or encumber any other property right;

III. To borrow capital.

Section 2713 .- The powers not granted to administrators, shall be exercised by all partners, resolve issues by majority vote. Most are calculated by quantity, but when one person representing the interest and the case of companies with more than three partners, it takes at least one-third vote of the members.

Section 2714 .- As several implementing partners regardless of the administration, without a declaration that must proceed in accordance may each practice separately creating appropriate administrative actions.

Section 2715 .- If it is agreed that an administrator can practice anything without aid of another, you can only do otherwise if it can be serious or irreparable damage to society.

Section 2716 .- The commitments made by the managing partners on behalf of the company, exceeding its powers, if not ratified it, binding only to society because of the benefit received.

Section 2717 .- The obligations contracted by the majority of the partners responsible for the administration, without knowledge of the minority, against their expressed will, shall be valid, but those who have entered will be personally responsible to society for the damage for them is caused.

Section 2718 .- The partner or partners administrators are held to account if requested by the majority of the members, even if it is not the time fixed in the partnership agreement.

Section 2719 .- When the administration has not been limited to any of the partners, all have the right to attend the directing and managing the common affairs. Decisions are taken by majority observes, in respect thereof as provided in Article 2713.

CHAPTER IV

Of the Dissolution of Societies


Section 2720 .- The partnership is dissolved:

I. By unanimous consent of members;

II. By default the term have been met in the partnership agreement;

III. For the full realization of social order, or have become impossible to attain the objective of society;

IV. By the death or incapacity of one partner with unlimited liability for social commitments, unless the charter has been agreed that the society continues to survivors or heirs of the former;

V. On the death of the industrial partner, provided that the industry has given birth to society;

VI. By the resignation of a partner, in the case of company maturity date and other associated partners do not wish to continue, provided that such renunciation is not malicious or untimely

VII. By court order.

For the dissolution of the partnership takes effect against third parties, it must be noted in the Register of Companies.

Section 2721 .- After the term by which society was founded, if it continues to operate, its duration shall be extended indefinitely without need for a new charter, and its existence can be demonstrated by all the evidence.

Section 2722 .- In the event of the death of a partner, any company to continue with the survivors, will proceed to the liquidation of the part corresponding to the deceased partner, to deliver to your estate. The heirs who died are entitled to capital and profits correspond to the decedent at the time of his death and, thereafter, only have part in it necessarily depends on the rights acquired or obligations incurred by the partner died.

Section 2723 .- The resignation is considered malicious when the partner makes only intends to take advantage of the benefits or avoid losses that members should receive in common with or report under the Convention.

Section 2724 .- Untimely resignation is said, to make things if they are not in its full if society can be harmed by the dissolution that would result from the waiver.

Section 2725 .- The dissolution of society does not change the commitments made to third parties.

CHAPTER V

The Liquidation of the Company


Section 2726 .- Dissolution of the company, will immediately liquidation, which shall be conducted within six months, unless otherwise agreed.

When the company put into liquidation, its name must be added the words in liquidation.

Section 2727 .- The settlement must be made by all partners except to agree to appoint liquidators or that we were already named in the charter.

Section 2728 .- If covered social commitments and returned the contributions of the partners, there remain some goods will be considered income and is shared among the partners as agreed. If there was no agreement, shall be allocated proportionately to their contributions.

Section 2729 .- Neither the capital nor the profits can be distributed only after the dissolution of the company and upon the payment of the same, unless otherwise agreed.

Section 2730 .- If society does not remain to be settled enough assets to cover commitments and return their contributions social partners, the deficit is considered lost and will be distributed among the partners in the manner prescribed in the preceding article.

Section 2731 .- If only it has been agreed which should correspond to the partners for profits, will respond in the same proportion of losses.

Section 2732 .- If any of the partners contributes only industry, but it is estimated there or been designated fee for it should receive, will observe the following rules:

I. If the industrial work could be done by another, their share will be appropriate because of salaries or fees and the same is observed if multiple industrial partners;

II. If work is unable to be done by another, their share will be equal to the venture capitalist who has more;

III. If there be only one industrial partner and other capitalist, will be divided equally among themselves the profits;

IV. If there are several industrial partners and are in the case of Section II shall bear half of all earnings and divided among themselves by agreement, and failing that, by arbitration decision.

Section 2733 .- If any industrial partner also contributed some capital, it will be considered separately and industry.

Section 2734 .- If at the end of any society in which capitalists and industrial partners, reveals that there were no profits, all capital will be distributed to donors.

Section 2735 .- Unless otherwise agreed, the industrial partners not liable for the losses.

CHAPTER VI

Of foreign legal persons of a private


Section 2736 .- The existence, capacity to have rights and obligations, performance, transformation, dissolution, liquidation and merger of foreign legal persons of a private nature is governed by the law of its constitution, understood as such, one of the state are met requirements of form and substance required for the creation of such.

In any case, the recognition of the ability of a foreign legal entity which will exceed the right granted under which it was.

When a foreign person of a private act through a representative, shall be deemed such a representative, or his substitute, is authorized to respond to complaints and demands are attempted against that person for the acts in question.

Section 2737 .- (Repealed).

Section 2738 .- (Repealed).

CHAPTER VII

From Sharecropping Rural


Section 2739 .- The partnership includes sharecropping rural agricultural and cattle.

Section 2740 .- The partnership agreement must be in writing, forming two copies, one for each contractor.

Section 2741 .- Agricultural sharecropping takes place when a person gives another a rural property for planting, to share the fruit in the form agreed upon or, failing agreement, according to local customs, in the concept that the sharecropper will never reciprocate her work for just under 40% harvest.

Section 2742 .- If during the term of the contract owner dies the property taken in partnership, or if the latter is transferred, the partnership will survive.

If the tenant who dies, the contract may be terminated, unless otherwise agreed.

When the death of the tenant, has already been done some work, such as fallow land, pruning trees, or any other work necessary for cultivation, if the owner terminates the contract, he must pay heirs of the tenant the amount of such work, as take advantage of them.

Section 2743 .- The husbandman that hath inheritance in partnership, you can not raise the crops or harvest the fruits that should be part, without notice to the owner or his substitute, being on site or within the municipality to appropriate the property.

Section 2744 .- If neither the place nor within the municipality are the owner or his representative may make the harvest the sharecropper, measuring, counting or weighing the fruit in the presence of two witnesses of any exceptions.

Section 2745 .- If the tenant does not comply with the two previous articles, shall be required to give the owner the amount of fruit, according to the contract, a set experts appointed by each contracting party. The expert fees will be paid by the tenant.

Section 2746 .- The landowner may not harvest the crop only when the tenant leaves the plant.

In this case, observe the provisions of the final part of Article 2744, and if not, shall apply mutatis mutandis in Article 2745.

Section 2747 .- The landowner has no right to retain their own authority, all or part of the fruits that correspond to the tenant, to ensure what he owed on account of sharecropping.

Section 2748 .- If the crop fails completely, the tenant has no obligation to pay to seed for planting has provided the landowner, if the crop loss is partial, in proportion to that loss, the tenant will be free to pay seed in question.

Section 2749 .- When the tenant establishes his room in the field to cultivate, is obliged to allow the owner to build his house and take drinking water and firewood need to meet your needs and your family as well as consuming essential to nurture the grass the animals used in farming.

Section 2750 .- In concluding the partnership agreement, the sharecropper who has faithfully fulfilled its commitments, has the same right if the land was cultivated will be given on new partnership.

Section 2751 .- The owner has no right to leave their land idle, but the time needed to regain their fertilizing properties. Consequently, after the period in each region determined by the municipal authority, according to nature of crops, if the owner did not begin to grow on its own or through others, he must give them in partnership according to the custom of Instead, if requested and provide the necessary conditions of good repute and creditworthiness.

Section 2752 .- It takes place sharecropping cattle when a person gives to another a certain number of animals in order to care for and feed, in order to share the fruits in the appropriate proportion.

Section 2753 .- Are the subject of this partnership the baby animals and their products such as hides, horsehair, wool, milk, etc..

Section 2754 .- The conditions of this agreement is governed by the will of those concerned, but failing agreement shall observe the general custom of the place, except the following provisions.

Section 2755 .- The tenant is required cattle to be used in the care and treatment of animals, the care ordinarily used in things, and if it fails to do so, shall be liable for damages.

Section 2756 .- The owner is obliged to guarantee to the tenant possession and use of livestock and replaced by others, in case of eviction, the animals lost, otherwise, is responsible for the damages giving rise to non-compliance the contract.

Section 2757 .- Agreement shall be void to all losses that may result by accident, be borne by the tenant of cattle.

Section 2758 .- The tenant of cattle may not have any head or the offspring, without the consent of the owner, nor does without the former.

Section 2759 .- The tenant of cattle can not do the shearing without notice to the owner, and if it fails to give it apply Article 2745

Section 2760 .- The partnership of cattle during the times agreed and, failing agreement, as long as was customary in the place.

Section 2761 .- The owner whose livestock are improperly disposed of by the tenant is entitled to claim, except when it is auctioned at public auction, but kept on except that corresponds to the tenant, to collect the damages caused by the lack of notice.

Section 2762 .- If the owner does not require you within sixty days after contract time deceased, it shall be extended for one year.

Section 2763 .- In the case of sale of animals before the end of the sharecropping contract, contractors enjoy the same right.

TWELFTH TITLE

Contracts Random


CHAPTER I

Gaming and Betting


Section 2764 .- The law gives no action to claim what is forbidden game wins.

The Penal Code to indicate which games are prohibited.

Section 2765 .- He who pays a debt voluntarily banned from the game, or his heirs are entitled to claim back 50% of what was paid. The other fifty percent will not be held by the winner, but will be given to public charity.

Section 2766 .- Nothing in the preceding two Articles shall apply to wagers to be taken as forbidden because they are analogous to the forbidden games.

Section 2767 .- He who loses a game or sweepstakes not prohibited, is civilly liable, provided that the loss does not exceed one-twentieth of his fortune. Thirty days required by law to demand the gambling debt to which this article refers.

Section 2768 .- The debt of play or bet prohibited can not be compensated or be converted into an obligation by novation effective civilian.

Section 2769 .- Which has signed an obligation actually had a debt because of gambling or wagering prohibited preserved, although the obligation is attributed to an effective civil cases, the exception that comes from the previous article, and you can try by all means the real cause of the obligation.

Section 2770 .- If one game or wager requirement is prohibited any form of title given to the order or to bearer, the subscriber must pay to the bearer of good faith, but shall have the right granted by Article 2765

Section 2771 .- When people serve them the means of luck, not as a bet or game, but common things to break or finish issues, produce, in the first case, the effects of self-involvement, and the second, a transaction.

Section 2772 .- Lotteries or raffles, where permitted, shall be governed, first, by special laws authorizing them, and second, by police regulations.

Section 2773 .- The contract between the buyers of lottery tickets and authorized in a foreign country, not valid in Mexico unless the sale of these notes has been permitted by the appropriate authority.

CHAPTER II

From Annuity


Section 2774 .- An annuity is a contract whereby the random debtor agrees to periodically pay a pension for life of one or more specific persons by providing an amount of money or movable property following an estimated, whose domain is transfer course.

Section 2775 .- The annuity can also become a purely free, either by gift or by will.

Section 2776 .- The annuity contract must be in writing and in deed when the property whose ownership is transferred this solemnity to be alienated.

Section 2777 .- The annuity contract may be drawn on the life that gives the capital, on the debtor or the third party. You may also be constituted in favor of that or those on whose life is given or on behalf of one or more different people.

Section 2778 .- Even when income is constituted for a person who has capital, should be considered a donation is not subject to the rules that manage the contract, except in cases that should be reduced or canceled inofficious Disability you should get.

Section 2779 .- The annuity contract is void if the person on whose life is dead before his execution.

Section 2780 .- It is also void the contract if the person to whom it is income, dies within the period prescribed therein, which shall not lose thirty days from the grant.

Section 2781 .- One to whom it has been rent by a price, can claim breach of contract, if the constituent does not give the assurances provided or preserved for execution.

Section 2782 .- The only non-payment of pensions does not entitle the pensioner to demand the repayment of capital or return of the thing given to constitute rent.

Section 2783 .- The pensioner, in the case of the previous article, just right to run the debtor judicially for the payment of rents due and to demand the assurance of the future.

Section 2784 .- The rent for the year to enjoy it dies, will be paid in proportion to the days he lived, but anticipated to be paid in installments will be paid the total amount of time during the life of the annuitant was begun to fulfill any .

Section 2785 .- Only he who is free of charge a rent on their property can have at time of award, shall not be subject to seizure by a third party right.

Section 2786 .- The above article does not include taxes.

Section 2787 .- If the rent has been established for food, but can not be seized in the opinion of the judge to exceed the amount necessary to cover those under the circumstances of the person.

Section 2788 .- The annuity established on the life of the pensioner, but not extinguished with the death.

Section 2789 .- If the rent is about the life of another, will not cease with the death of the pensioner, but is transmitted to his heirs, and only cease with the death of the person on whose life was established.

Section 2790 .- The pensioner can claim pension only, justifying their survival or the person on whose life the rent was established.

Section 2791 .- If you pay the annuity has caused the death of the creditor or the man upon whose life had been established, you must return the capital to set up or their heirs.

CHAPTER III

Purchase of Hope


Section 2792 .- It's called hope to purchase contract is to acquire a certain amount, the fruits of a thing occurring in the allotted time, taking the buyer to do a risk that these fruits do not come into existence, or the products uncertain a fact that may be estimated in money.

The seller has the right price come into existence but not the fruits or products purchased.

Section 2793 .- Other rights and obligations of the parties, the purchase of hope, will be identified in the title of sale.

PART THIRTEEN

Guaranty


CHAPTER I

General Guaranty


Section 2794 .- The bond is a contract whereby a person agrees to pay the creditor by the debtor, if it does not.

Section 2795 .- The bond may be legal, judicial, conventional, free or against payment.

Section 2796 .- The bond can be formed not only for the principal debtor, but of the guarantor, either one or the other, in their respective case, consent to the guarantee, either ignore it, whether that contradicts it.

Section 2797 .- The bond can not exist without a valid obligation.

You can, however, an obligation laid on the invalidity of which may be claimed under an exception to purely personal obligation.

Section 2798 .- It can also provide security in guarantee of future liabilities, the amount is not yet known, but may not be claimed against the guarantor until the debt is liquid.

Section 2799 .- The guarantor may be bound less and not more than the principal debtor. If any forced more will reduce its obligation to the limits of the debtor. If in doubt about whether forced by less or the same of the principal obligation is presumed to be forced by the same.

Section 2800 .- May also require the guarantor to pay an amount in cash, if the principal debtor does not pay a thing or a certain fact.

Section 2801 .- The liability of the guarantor's heirs are governed by Article 1998.

Section 2802 .- The guarantor must be present to give someone who has the capacity to bind and assets sufficient to meet the obligation guaranteed. The guarantor shall mean the jurisdiction of the judge where this obligation must be satisfied.

Section 2803 .- The term obligations or to provide regular, the creditor may require bond, even though the contract has not been made, if after the conclusion of the debtor without infringing on their property, or intends to leave the place where payment must be made .

Section 2804 .- If the guarantor shall come to insolvency, the creditor can ask for another meeting the qualifications required by Article 2802.

Section 2805 .- That must give or replace the guarantor, not filed within the term that the judge will indicate, at the request of a legitimate party, is obliged to immediate payment of the debt, but has not expired within it.

Section 2806 .- If the security is to ensure property management, it will stop if it is not given within the period agreed or specified by law or by the judge, except where the law provides otherwise.

Section 2807 .- If the deposit guarantee matter how much the debtor must receive the amount deposited as bail is given.

Section 2808 .- Letters of recommendation to ensure the integrity and solvency of someone, do not constitute bail.

Section 2809 .- If letters of recommendation were given in bad faith, falsely claiming solvency recommended that an endorsement is liable for damage that befell the people are going, by the insolvency recommended.

Section 2810 .- No responsibility will be held the previous article, if he gave the letter proved that it was his recommendation that led to deal with their recommended.

Section 2811 .- Are subject to the provisions of this title granted bail accidentally by individuals or companies for certain people, if not extended in the form of policy, not the publicly announced by the press or any other means, and not using agents that offer.

CHAPTER II

Effects of the Bond between the Guarantor and the Creditor


Section 2812 .- The guarantor is entitled to oppose any exceptions that are inherent to the principal obligation, but not those that are personal to the debtor.

Section 2813 .- The waiver of the debtor doeth the prescription of the debt, or any other cause of liberation, or invalidity or rescission of the obligation does not prevent the guarantor to assert these exceptions.

Section 2814 .- The guarantor can not be compelled to pay the creditor, without first be reprimanded by the payer and the excursion is made of their property.

Section 2815 .- The excursion is to apply throughout the book value of assets of the debtor to pay the obligation that is terminated or reduced to the part that is not covered.

Section 2816 .- The excursion will not take place:

I. When the guarantor has expressly waived;

II. In cases of bankruptcy or insolvency of the debtor tested;

III. When the debtor can not be legally claimed within the territory of the Republic;

IV. When the business was paid for the bond is characteristic of guarantor;

V. When you ignore the whereabouts of the debtor, provided that called it by edict does not appear, nor has embargoed goods at the place where the obligation to be performed.

Section 2817 .- For the benefit of discussion make the guarantor, the following requirements are essential:

I. The surety claims the benefit after being required to pay;

II. To designate assets of the debtor sufficient to cover the credit and which are within the judicial district in which the payment should be done;

III. Anticipating or secure the costs of discussion competently.

Section 2818 .- If the debtor acquires property after the request, or if you would discover the hidden, the guarantor may request the excursion, though not first ordered.

Section 2819 .- The creditor may require the guarantor to make the excursion in the debtor's assets.

Section 2820 .- If the guarantor voluntarily or forced by a creditor, makes himself the discussion and asks term, the judge may give the it believes appropriate in the circumstances of the people and the qualities of the obligation.

Section 2821 .- The creditor who meet the requirements of Article 2817, there have been remiss in promoting the excursion, is responsible for the damages caused to the surety, and this freedom from obligation until the amount to reach the goods that have been appointed for the excursion .

Section 2822 .- When the guarantor has waived the benefit of order, but not for prosecution, the creditor can pursue in a single trial of the principal debtor and the guarantor, the more it will retain the benefit of discussion, even when you give sentence against them.

Section 2823 .- If there renounced the benefits of order and the guarantor excursion, being sued by the creditor may report the dispute to the principal debtor, to render the evidence it sees fit, and if they do not go to trial for the indicated object, will it hurt the sentence to be pronounced against the guarantor.

Section 2824 .- The trust that the guarantor has the benefit of discussion, both against the surety as against the principal debtor.

Section 2825 .- Do not trust a bondsman witnesses certain knowledge for its suitability, but will be applied by analogy the provisions of Article 2809.

Section 2826 .- The transaction between the creditor and the principal debtor, the guarantor takes, but it hurts. The meeting between the guarantor and the creditor uses, but does not harm the principal debtor.

Section 2827 .- If there are several guarantors of a debtor for a single debt, answer each of them for all of it, there being no agreement to the contrary, but if only one of the guarantors are sued, you do summon others to defend themselves together, and in due proportion are the result of the trial.

CHAPTER III

Effects of the Bond between the Guarantor and Borrower


Section 2828 .- The guarantor who pays must be indemnified by the debtor, although it has not consented to the formation of the bond. If it has been granted against the will of the debtor shall have no right to collect the surety so paid, but as soon as he benefited from the payment to the debtor.

Section 2829 .- The guarantor who pays for the debtor must be compensated for this:

I. Of the principal debt;

II. Respective interests, provided it has paid to the debtor news, even if it is not bound by reason of the contract to pay the creditor;

III. Of the expenditures made since giving notice to the debtor being required to pay;

IV. Of the damages suffered because of the debtor.

Section 2830 .- The guarantor who pays is subrogated to all rights which the creditor had against the debtor.

Section 2831 .- If the guarantor had compromised with the creditor, the debtor can not demand but it actually paid.

Section 2832 .- If the guarantor makes a payment without the knowledge of the debtor may oppose any exceptions it might raise against the creditor at the time of making payment.

Section 2833 .- If the debtor, ignoring the payment for lack of notice to the guarantor, pay again, it may not proceed against it, but only against the creditor.

Section 2834 .- If the guarantor has paid under court order, probable cause and failed to make payment to the debtor know, it shall be obliged to compensate it and may not raise exceptions other than those that are inherent in the obligation and who have not been opposed by the guarantor, knowing them.

Section 2835 .- If the debt was a term or condition, and the guarantor's pay before he or it is expired, can not collect from the debtor but when he is legally enforceable.

Section 2836 .- The guarantor may, even before paying, require the debtor to secure payment or relieve him of the deposit:

I. If you were sued for payment;

II. If the debtor suffers impairment in their property, so it is in danger of being insolvent;

III. If you intend to leave the Republic;

IV. If forced to relieve him of bail in certain time, and it has expired;

V. If the debt is due by the deadline.

CHAPTER IV

Effects of the Bond between Cofiadores


Section 2837 .- When two or more sureties of the same debtor and for the same debt, which of them can claim to have paid each other the proportionally they should satisfy.

If one of them proves insolvent, that part of it will fall on everyone in the same proportion.

So you can be held as provided in this Article require that the payment was made under process, or finding the principal debtor in state competition.

Section 2838 .- For the previous article, can the opposing cofiadores you paid the same exceptions which would have accrued to the principal debtor against the creditor and not purely personal obligor or guarantor of the payment made.

Section 2839 .- The benefit of division is not between the guarantors:

I. When the waiver;

II. When everyone is jointly liable with the debtor;

III. When one or more of the guarantors are bankrupt or are insolvent, in which case proceed as provided in paragraph 2o. and 3. Article 2837;

IV. In the case of Section IV of Article 2816;

V. When one or more of the fasteners are in one of the cases reported to the debtor in sections III and V of the Article 2816.

Section 2840 .- A surety who requests the benefit of division only accounts for part of the insolvent surety or sureties, if the insolvency is prior to the request, and even by the same bankruptcy, the creditor voluntarily makes payment in proportion as the guarantor without claim.

Section 2841 .- He who trusts the guarantor in the event of insolvency of the latter, is liable to the other sureties, on the same terms as would the surety credit.

CHAPTER V

Termination of the Deposit


Section 2842 .- The obligation of the guarantor is extinguished at the same time as the debtor and for the same reasons as other obligations.

Section 2843 .- If the obligation of the debtor and the guarantor is confusing, because one inherits the other, does not extinguish the obligation of the guarantor that he trusted.

Section 2844 .- The release made by the creditor to one of the guarantors, without the consent of the other, take advantage of all the far reaches of the surety who has been granted.

Section 2845 .- The guarantors, even if they are supportive, are freed from their obligation if the creditor's fault or negligence can not be subrogated to the rights, privileges or mortgages the same creditor.

Section 2846 .- The expected extension granted to the debtor or the creditor without the consent of the guarantor extinguishes the bond.

Section 2847 .- The discharge reduces bail in the same proportion as the principal debt, and extinguished in the event that, under it, the principal obligation to be subject to new charges or conditions.

Section 2848 .- The guarantor is bound by certain time, is released from its obligation if the creditor does not require the debtor to court for compliance with the obligation, within one month following the expiration of the deadline. You will also be free of his obligation the surety, the creditor, without cause, to stop promoting for more than three months in the lawsuit filed against the debtor.

Section 2849 .- If bail was granted for an indefinite period, is entitled the surety when the principal debt becomes due, ask the creditor to promote court, within one month, the fulfillment of the obligation. If the creditor does not exercise their rights within the time period, or if the lawsuit filed fails to promote, without cause, for more than three months, the surety shall be relieved of its obligation.

CHAPTER VI

The legal or judicial security


Section 2850 .- The surety to be given by operation of law or court order, unless the guarantor is a credit institution, real estate must be registered with the Land Registry and a value sufficiently guarantees the obligations of contract.

When the bond is to ensure the fulfillment of an obligation to an amount not exceeding one thousand dollars does not require that the guarantor has real estate.

The bond can be replaced by a pledge or mortgage.

Section 2851 .- To give a legal or judicial security for over a thousand pesos, will present a certificate from the Registrar's Office, to demonstrate that the guarantor has sufficient real estate to meet compliance with the obligation to guarantee.

Section 2852 .- The person to whom bail is granted, within a period of three days, give notice of the grant to the Public Registry, so that the foil for the real estate which was appointed to check the creditworthiness of the guarantor, will make a notation on the granting of bail. Extinguished it within the same period of three days notice shall be given to the Public Registry, in order to make the cancellation of the notation.

The lack of notice to be responsible to give them, the damages that failure originates.

Section 2853 .- In lien certificates issued by the Public Registry will include the notations of the previous article that speaks.

Section 2854 .- If the guarantor alienate or encumber real estate property whose entries are listed as provided in Article 2852, and the operation is the insolvency of the guarantor, it shall be deemed fraudulent.

Section 2855 .- The legal or judicial surety may not ask the excursion of the principal debtor's assets, nor those who trust those surety may request the excursion of these, nor the debtor.

PART FOURTEEN

From Pledge


Section 2856 .- The garment is a real right on a movable up disposal to ensure compliance with an obligation and a preference payment.

Section 2857 .- There may also be a pledge pending the fruits of real estate that must be collected in time. To make this pledge to take effect against third need to enroll in the Public Registry to appropriate the property in question.

That pledge will bear fruit is considered as a repository for them, unless otherwise agreed otherwise.

Section 2858 .- To have to set up the garment must be delivered to the creditor, real or legally.

Section 2859 .- It is understood the pledge legally delivered to the creditor, when he and the debtor agree that it is held by a third party, or when it is held by the debtor because it has so provided with the creditor or expressly authorized by law.

When the garment is retained by the debtor, becomes effective against third parties must register with the Public Registry. Registration will be possible only if these are goods that are capable of unambiguously identified and if the registry under Regulation may be subject to registration.

The debtor can use the garment to remain in their possession on the terms agreed upon by the parties.

Section 2860 .- The pledge agreement must be in writing. If granted a private document, will form two copies, one for each contractor.

The pledge shall not take effect against third parties if it has the certainty of the record date, deed or otherwise reliable.

Section 2861 .- When the thing given as security is a debt that should legally be included in the Public Registry shall not take effect against third parties the right of pledge, but since it was entered in the Register.

Section 2862 .- A willingness of stakeholders may be replaced delivery of title to the creditor, deposit it in a lending institution.

Section 2863 .- It happens that the securities pledged to be amortized by whom issued, the debtor may, unless otherwise agreed, replace them with others of equal value.

Section 2864 .- The creditor who has been pawned a claim has no right, even if the deadline of credit committed to charge or to receive the dividend, even if voluntarily offered by you should, but may both require that the loan amount is deposited.

Section 2865 .- If the object pawned were a credit or non-actions or bearer negotiable by endorsement, that the pledge be legally constituted, must be notified the debtor of the pawned.

Section 2866 .- Whenever the garment regardless of credit, a creditor who has in his possession the title, is obliged to do whatever is necessary to not alter or impair the right that it represents.

Section 2867 .- It can be a pledge to secure a debt, even without the consent of the debtor.

Section 2868 .- No one can pledge the affairs of others without authorization from the owner.

Section 2869 .- If proper proof that the owner lent his thing to another in order that the pawned it, it will be pledged as if any made by the same owner.

Section 2870 .- It may be a pledge to secure future obligations, but in this case can not be sold or win the thing pledged, without proof that the principal obligation was legally enforceable.

Section 2871 .- If any man promised to pledge a certain thing and not been delivered, either with or without fault, the creditor can ask to deliver the thing, give up the term of the obligation or it is terminated.

Section 2872 .- For the previous article, the creditor may not seek to deliver the thing, if it has passed into the hands of a third party under any legal title.

Section 2873 .- The lender acquired by undertaking:

I. The right to be paid their debt to the price of the thing pledged, with preference provided for in Article 2981;

II. The right to recover the pledge of any holder, not excepting the same debtor;

III. The right to be indemnified for necessary and useful expenses shall do to keep the thing pledged, unless you use it by agreement;

IV. The demand from the debtor other item or the payment of the debt even before the agreed period, if the thing pledged is lost or corrupted is not at fault.

Section 2874 .- If the creditor is disturbed in the possession of the pledge, you must notify the owner to be her advocate, if the debtor does not comply with this obligation will be responsible for all damages.

Section 2875 .- If the debtor lost the offer of a pledge or any other surety, the creditor is left to accept or cancel the contract.

Section 2876 .- The creditor is obliged:

I. To preserve the thing pledged as their own, and to respond to the damage and prejudice suffered by the fault or neglect;

II. To restore the garment after the debt are paid in full, interest and maintenance costs of the thing, if you have provided the first and made the second.

Section 2877 .- If the creditor abuses the thing pledged, the debtor may demand that it be than that of deposit or bond to restore it in the condition it was received.

Section 2878 .- The creditor abuses the thing pledged, when you use it without being authorized by agreement or estándolo the order applies to damaged or different from that which it is intended.

Section 2879 .- If the debtor alienates the thing pledged or we grant the use or possession, the purchaser may not require their surrender but to pay the amount of the secured obligation, with interest and costs in their respective cases.

Section 2880 .- The fruits of the thing pledged belonging to the debtor, but if by agreement perceived by the creditor, the amount shall be allocated first to the expenses, then interest and capital surplus.

Section 2881 .- If the debtor does not pay on time and when they had not, when you have an obligation to do so under article 2080, the creditor may request and the judge shall order the sale at public auction of the thing pledged, following a summons to the debtor or which has constituted the garment.

Section 2882 .- The thing will be awarded to the creditor in the two-thirds of the legal position, if you can not be sold on terms established by the Code of Civil Procedure.

Section 2883 .- The debtor, however, the creditor may agree that it will stay with the garment in the price is set at the maturity of the debt, but not at the time of contracting. This agreement can not prejudice the rights of third parties.

Section 2884 .- May by express agreement to sell the garment out of court.

Section 2885 .- In any case mentioned in the three previous articles, the debtor may suspend the transfer to the garment, pay within twenty-four hours, counting from the suspension.

Section 2886 .- If the proceeds of sale exceed the debt, deliver the excess to the debtor, but if the price does not cover all the credit, the creditor is entitled to sue the debtor for the remainder.

Section 2887 .- Is any clause that authorizes the creditor to seize the pledge, although this is of less value than the debt, or dispose of it in the manner set out in the preceding articles. It is also no clause prohibiting the creditor from seeking the sale of the thing given in pledge.

Section 2888 .- The law gives the creditor the pledge extends to all the accessories of the thing, and all increases it.

Section 2889 .- The creditor is not responsible for the eviction of the item sold, unless it involved fraud on his part or that may have been expressly attached to this responsibility.

Section 2890 .- The right and obligation of the garment are indivisible, except in cases where there is provision to the contrary, however, when the debtor is entitled to make partial payments and have pawned several objects, or one that is easily divisible , it will be reduced in proportion to the payments made, provided that the creditor's rights are effectively guaranteed forever.

Section 2891 .- Termination of the obligation, either by payment or by any other legal cause, is extinguished the right of pledge.

Section 2892 .- With regard to pawnshops, which lend money on legal authorization garment, observe the laws and regulations concerning them, and additionally the provisions of this title.

PART FIFTEEN

Of Mortgage


CHAPTER I

From General Mortgage


Section 2893 .- Mortgage is a security right goods are not delivered to the creditor and which entitles it, in case of default of the secured obligation, to be paid to the value of the goods, the degree of preference for law.

Section 2894 .- The mortgaged property are subject to the levy, even if they spend a third power.

Section 2895 .- The mortgage can only fall on certain goods especially.

Section 2896 .- The mortgage extends but is not expressed:

I. A natural accessions of the mortgaged property;

II. The improvements made by the owner of the encumbered assets;

III. A movable object built by the owner permanently to the farm and can not be separated without undermining it or damage to such items;

IV. To the new owners built the buildings on the mortgaged land, and new floors that rise above the buildings mortgaged.

Section 2897 .- Unless otherwise agreed by the mortgage does not include:

I. The industrial fruits of the mortgaged property, provided that those fruits were produced before the creditor to demand payment of their claim;

II. Rents due and unpaid at the time required to comply with the secured obligation.

Section 2898 .- May not be mortgaged:

I. The fruits and revenues of the property outstanding separation that occurs;

II. Objects permanently placed furniture in buildings, either for ornament or comfort, or to service any industry, unless you are mortgaged together with the buildings;

III. Easements, unless they are mortgaged together with the dominant estate;

IV. The right to collect the fruits in the usufruct granted by this Code to the ancestors on the property of their offspring;

V. The use and habitation;

VI. The property in dispute, unless the source of litigation lawsuit has been preemptively registered, or if it is stated in Title Establishing the mortgage that the creditor has knowledge of the case, but in either case, the mortgage will be outstanding resolution of litigation.

Section 2899 .- The mortgage of a building erected on land outside the area do not understand.

Section 2900 .- Bare ownership can be mortgaged, in which case if the usufruct will establish her in the person of the owner, the mortgage will be extended the same enjoyment if they have been agreed.

Section 2901 .- They can also be mortgaged assets that are already above, even the covenant not to re-mortgage, except in any case, the priority rights established by this Code. The covenant not to re-mortgage is void.

Section 2902 .- The common property can not be mortgaged, but with the consent of all owners. The co-owner may mortgage his undivided share and the common thing to divide the mortgage tax the fair share in the division. The creditor is entitled to intervene in the division to keep your debtor is covered by a part of the property value less than its share.

Section 2903 .- The mortgages on real rights, only last while they still exist, but if the rights in which it was constituted have become extinct because of that I enjoyed, it is bound to be a new mortgage to the satisfaction of the creditor, and otherwise , to pay all damages. If the mortgaged right regardless of the usufruct, and this concludes the will of the tenant, the mortgage shall continue until the expiration of the time when the usufruct would have concluded, not having the middle of the voluntary act ended it.

Section 2904 .- The mortgage may be constituted by both the debtor and one on his behalf.

Section 2905 .- The owner whose right of either conditional or limited otherwise, the contract must state the nature of your property, if known.

Section 2906 .- You can only mortgage you can sell, and can only be mortgaged properties which may be sold.

Section 2907 .- If the mortgaged property is done, with or without fault of the debtor, insufficient for the security of debt, the creditor may require the mortgage to be improved in the opinion of experts duly guaranteed the principal obligation.

Section 2908 .- In the case of the preceding Article shall be subject to the opinion of experts whether they have diminished the value of the mortgaged property until it insufficient to meet the principal obligation.

Section 2909 .- If you'll stay proven failure of the estate and the debtor does not get better the mortgage terms of Article 2907, within eight days of the relevant judicial declaration, proceed to collect the mortgage, giving up the mortgage for all purposes Legal.

Section 2910 .- If the property was insured and was destroyed by fire or other accident, it must still remains mortgage on the property, and also the value of insurance shall be subject to the payment. If the claim is later achieved, the creditor may demand the retention of insurance, and if not it may request that this value is imposed to its satisfaction, that the payment is the deadline. The same was observed with the price that obtains in the case of occupation by the public interest or judicial sale.

Section 2911 .- The mortgage shall remain in full even if you reduce the secured obligation, and impose any part of the mortgaged property to be preserved, but the rest has disappeared, but without prejudice to the provisions of articles below.

Section 2912 .- When several properties are mortgaged for the security of a loan, it must determine how much credit each estate answers, and each can be redeemed from tax, paying the credit guarantees.

Section 2913 .- When a mortgaged property which could be conveniently divided installments, shall be apportioned equitably between fractions lien. For this purpose, shall agree the owner of the property and the mortgagee, and if not succeed in this agreement, the distribution of the tax court decision will, after hearing experts.

Section 2914 .- Without the consent of the creditor, the owner of the mortgaged property can not grant a lease or agree prepayment of rent, for a term exceeding the term of the mortgage, under pain of nullity of the contract in excess of the stated duration.

If the mortgage has no fixed term, you can not stipulate payment of rent, or lease for more than a year, if it's country estate, or for more than two months in the case of urban property.

Section 2915 .- The mortgage constituted in favor of an interest-bearing loan, does not guarantee the detriment of third parties, in addition to the capital, but the interests of three years, unless expressly agreed to guarantee the interests of longer, it does not exceed the term for the prescription of interest, and that reason has been taken of this provision in the Public Registry.

Section 2916 .- The mortgagee may purchase the mortgaged in judicial sale, or by adjudication in cases where this is not another bidder, in accordance with the stipulations of the Code of Civil Procedure.

You can also agree with the debtor being awarded in the price to be fixed by requiring the debt, but not to become a mortgage. This agreement can not prejudice the rights of third parties.

Section 2917 .- For the constitution of mortgage loans will observe the formalities prescribed in articles 2317 and 2320.

Contracts to be enshrined in the mortgage granted in connection with the disposal of land or houses by the Federal District for the constitution of family patrimony or to poor people, when the value of the mortgaged property does not exceed the maximum set in Article 730, shall follow the requirements established in the second paragraph of Article 2317.

Section 2918 .- The foreclosure action shall lapse ten years from that can be exercised in accordance with the registered title.

Section 2919 .- The mortgage is never implied, or general, to produce effects against third ever need for registration and will be contracted for in the agreements, and by necessity, when the law subject to any person to give such a guarantee on certain goods. In the first case is called voluntary, in the second, necessary.

CHAPTER II

Volunteer of the Mortgage


Section 2920 .- Voluntary mortgages are those agreed between the parties or imposed by order of the owner of the property on that form.

Section 2921 .- Mortgage security consisting of a future obligation or registered subject to conditions precedent shall have effect against third persons from registration, if the obligation comes to fruition or condition to be fulfilled.

Section 2922 .- If the secured obligation was subject to condition subsequent registered, the mortgage shall cease to have effect on third but from that stated in the compliance record of the condition.

Section 2923 .- When the future obligation to contract or the conditions that they treat the two preceding articles shall request that interested parties will be noted as well, through a side note to the mortgage registration, without which they can not take advantage or harm third mortgage constituted.

Section 2924 .- To be entered in the register compliance with the conditions referred to in the preceding articles, or the existence of future obligations, either party shall submit to the registrar a copy of public document stating so, and failing that, a request by both parties, asking them to extend the marginal note and stating clearly the facts that should trigger it.

If any of the interested parties refuse to sign the request, the other will go to the courts so that, after the corresponding procedure, issued by the appropriate decision.

Section 2925 .- Any act or agreement between the parties, which can modify or destroy the effectiveness of a mortgage obligation before, no effect against third parties unless recorded in the register through a new registration, a total or partial cancellation of a marginal note, as appropriate.

Section 2926 .- The credit can be transferred, in whole or in part, provided that the assignment is made in the way for the creation of the mortgage provided in Article 2917, is given to the debtor and is registered in the registry.

If the mortgage has been made to secure obligations to order, can be transferred by endorsement of the title, without notice to the debtor, or register. The mortgage constituted to secure obligations to bearer, shall be transmitted by simply handing the title without any further requirement.

The institutions of the Mexican banking system, on its own behalf or as trustees, other financial institutions, and social security institutions may assign its mortgage-backed securities without notice to the debtor, deed or registration the Register, provided that the assignor bring the administration of the credits. Where the transferor ceases to carry the administration of claims, the assignee must provide written notice only the assignment to the debtor.

In the cases mentioned in the preceding two paragraphs, the registration of the mortgage in favor of the original creditor will be deemed made on behalf of the transferee referred to in such paragraphs, who have all the rights and actions derived from it.

Section 2927 .- The mortgage usually last as long subsisting obligation to guarantee and when it does not have terms to maturity, the mortgage may not exceed ten years.

The parties can point to a shorter term mortgage that of the principal obligation.

Section 2928 .- When you extend the term of the obligation secured by the mortgage, shall be deemed extended for the same term, unless expressly allocate less time to the extension of the mortgage.

Section 2929 .- If before the deadline is extended for the first time during the extension and the period indicated on the prescription, the mortgage will retain the priority that applies to you from the beginning.

Section 2930 .- The mortgage extended second or more times, just keep the preference derived from the registration of its establishment by the time referred to in the preceding article, the other time, or the second or further extension, only you have the priority corresponds to the date the last record.

The same was observed in the case that the creditor give a new deadline to pay your credit is.

CHAPTER III

Of Mortgage Required


Section 2931 .- Call it necessary to express special mortgage and that provision of the law are required to establish certain individuals to ensure the assets they manage, or guarantee the claims of certain creditors.

Section 2932 .- The establishment of the necessary mortgage may be required at any time, even though the circumstances which would give ground, provided it is to be discharged the obligation which should have insured.

Section 2933 .- If the constitution of any necessary mortgage he offer different goods and stakeholders do not agree on the responsibility you have to weigh about each, as provided in Article 2912, the courts decide, after consulting experts.

Similarly the Court decide the issues that arise among stakeholders on the sufficiency rating of the property offered for establishing any necessary mortgage.

Section 2934 .- The mortgage will last the same time required that the obligation to guarantee it.

Section 2935 .- They are entitled to request the necessary mortgage for the security of their loans:

I. The heir or participant, on the property divided, as the respective import sanitation or excess goods to be received;

II. Descendants of goods whose ancestors were mere administrators on their property to ensure the preservation and return of those, taking into account that contained in section III of Article 520;

III. Minors and other incapacitated on the property of their tutors, by which they manage;

IV. Legatees, the value of their legacy, if no special mortgage appointed by the testator himself;

V. The state, towns and public facilities, the property of their managers or fund to ensure the income of their respective positions.

Section 2936 .- The constitution of the mortgage in the cases under Sections II and III of the previous article can be ordered:

I. In the case of goods that may be mere administrators parents, by the heirs of the minor;

II. In the case of goods to manage the guardians, the legal heirs and the curator of the disabled, as well as the Local Council of Guardianship;

III. For the prosecution, if they ask people not listed in the previous sections.

Section 2937 .- The constitution of the mortgage assets of family children, minors and other incapacitated, shall be governed by the provisions contained in Title VIII, Chapter II, Title IX, Chapter IX, Title XI, Chapter I and III the first book.

Section 2938 .- Those entitled to require the registration of mortgages necessary, they also challenge the sufficiency of the offered, and ask for their expansion when the mortgaged property be made for any reason insufficient to guarantee the credit in both cases resolved Judge.

Section 2939 .- If the designated responsible for the mortgage in the fractions II, III and IV of Article 2935, does not have property, the creditor shall have no more than the privilege referred to in Article 2995, Section I, except as provided in Chapter IX of Title IX the first book.

CHAPTER IV

From Extinction of Mortgages


Section 2940 .- Mortgage produce all its legal effects against third parties until it is canceled their registration.

Section 2941 .- May be requested and must be ordered if the extinction of the mortgage:

I. When the mortgaged property is extinguished;

II. When the obligation is extinguished providing insurance;

III. When you solve or extinguish the debtor's right on the mortgaged property;

IV. When expropriated for reasons of public interest on the mortgaged property, observing the provisions in Article 2910;

V. When the farm mortgage foreclosures, have prevented the application of Article 2325;

VI. For the specific reference of the creditor;

VII. In the statement of being prescribed the foreclosure action.

Section 2942 .- The mortgage extinguished by payment in kind, will revive if payment is not effective, either because the thing given in payment is lost because of the debtor and while still in his possession, either because the creditor loses under eviction.

Section 2943 .- In the case of the preceding article, if the registration has already been canceled, will revive only from the date of re-registration, saving always the creditor the right to be indemnified by the debtor, the damages which he has followed .

PART SIXTEEN

Transactions


Section 2944 .- The transaction is a contract which the parties making reciprocal concessions, ending a dispute or prevent a future present.

Section 2945 .- The transaction to prevent future disputes, must be in writing if the interest passes to two hundred pesos.

Section 2946 .- The ancestors and guardians can not compromise on behalf of the people under their authority or under its custody, unless the transaction is necessary or helpful to the interests of the disabled and prior judicial authorization.

Section 2947 .- You can compromise on the civil action from a crime, but does not thereby extinguish the public action for the imposition of sentence, or offered as proof of the crime.

Section 2948 .- You can not compromise on the status of persons and the validity of marriage.

Section 2949 .- Is this a valid transaction on the financial entitlements of the declaration of marital status could be deduced for a person, but the transaction, if so, no matter the acquisition of the state.

Section 2950 .- The transaction will be null:

I. On crime, fraud and blames the future;

II. The civil action that arises from future crime or fault;

III. On future succession;

IV. On an estate before seen will, if any;

V. The right to receive food.

Section 2951 .- There may be compromise on whether due amounts for food.

Section 2952 .- The surety is bound only by the transaction when it agrees.

Section 2953 .- The transaction, for the parties, the same power and authority of res judicata, but may also be called the nullity or termination of that as permitted by law.

Section 2954 .- You can override the transaction when it is due to a degree zero, unless the parties have expressly sought the annulment.

Section 2955 .- When the parties are instructed to void the title or the dispute is about the same nullity can compromise valid, provided that the rights referred to in the title are waived.

Section 2956 .- The transaction took place taking into account documents that have later turned out false court of law is void.

Section 2957 .- The discovery of new securities or documents is not cause to cancel or terminate the transaction if there has been no bad faith.

Section 2958 .- Is null on any business transaction that he decided judicially irrevocable sentence, ignored by stakeholders.

Section 2959 .- In transactions only lead to eviction when under it gives one party the other something that was not in dispute and, according to law, which was lost.

Section 2960 .- When things are faulty or charges because of that was ignored, has led to ask the difference resulting from defect or lien on the same terms as for the thing sold.

Section 2961 .- For the transaction are not transmitted but are declared or recognize rights that are the subject of disputes on which it falls.

The declaration or recognition of these rights does not require that you do to guarantee them, and imposes liability in case of eviction, or import a title proper that the prescription form.

Section 2962 .- Transactions must be strictly construed and its provisions are indivisible unless the parties agree other things.

Section 2963 .- You may not attempt or claim against the survival value of a transaction, without first having ensured the return of all received, under the agreement that wishes to challenge.

PART THREE


FIRST TITLE

Of competition and ranking of claims


CHAPTER IGeneral Provisions


Section 2964 .- The debtor is liable for the fulfillment of its obligations with all its assets, except those who, by law, are inalienable or non-attachment.

Section 2965 .- Should the bankruptcy if the debtor suspends the payment of civil debt, liquidated. The declaration of insolvency will be made by the trial judge, by the procedures set out in the Code of Civil Procedure.

Section 2966 .- Incapacitates the insolvency of the debtor to continue managing their assets, as well as any other administration that by law he is entitled, and makes it the deadline for all debts.

That statement also produces the effect they stop earning interest of the bankrupt's debts except mortgage and collateral security, which will accrue interest thereon, to the extent of the value of the assets that guarantee.

Section 2967 .- The funds due will be paid in the order established in this title, and if satisfied after any remaining funds belonging to the contest, will be paid the corresponding revenues in the order they were paid capital, but small interest at the statutory rate to Unless agreed upon was a lower rate. Just who has enough assets to all creditors paid stay will be covered at the rate agreed revenues that exceed legal.

Section 2968 .- The debtor may enter into agreements with its creditors as it deems appropriate, but those agreements will be precisely duly constituted meeting of creditors.

The specific agreements between the debtor and any of its creditors will be nil.

Section 2969 .- The proposition will be discussed and agreements to a vote, the vote of resolution forming a number of creditors who make up half plus one of those present, provided that their interest in the competition covers three-fifths of the liabilities, less the amount of the claims of creditors who have collateral security mortgage and opted not to go to the contest.

Section 2970 .- Within eight days following the conclusion of the meeting at which have approved the agreement, the dissenting creditors and those who have not attended the board may oppose the approval.

Section 2971 .- The only cases in which the opposition may be based upon the agreement will be:

I. Defects in the forms prescribed for a conference, celebration and deliberation of the board;

II. Absence of or representation in any of the voters if their vote decided by a majority in number or quantity;

III. Intelligence fraud between the debtor and one or more creditors, or creditors together to vote for the agreement;

IV. Fraudulent credit exaggeration to procure the most amount;

V. The inaccuracy fraudulent inventory of the assets of the debtor or the reports of the trustees, to facilitate the admission of the statements of the debtor.

Section 2972 ​​.- Agreement approved by the judge shall bind the bankrupt and all creditors whose credits date back to times before the statement, if they have been cited in legal form, or when they had notified the approval of the agreement have not claimed against him in the manner prescribed in the Code of Civil Procedure, but these creditors are not included in the list for, or been party to the proceedings.

Section 2973 .- The mortgagees and collateral security, they need not take part in the meeting of creditors where the debtor makes proposals, and in this case, the resolutions of the board does not impair their rights.

If, however, prefer to have a say in that meeting will be included in the expectations or remove the board agreed, without prejudice to the place and level appropriate to the title of your credit.

Section 2974 .- If the debtor fulfill the agreement null and void its obligations under the terms stipulated in the same, but if it fails to comply in whole or in part, be reborn the right of creditors for the amounts that they had not received your credit early and may any of them apply for a declaration or continuance of the contest.

Section 2975 .- Not expressly agreed otherwise mediating between debtor and creditors, they retain their right to collect the contest ended, property the debtor acquires then the credit was not satisfied there.

Section 2976 .- Graduate credits in the order they are classified into the following chapters, with the priority to be established for each class in them.

Section 2977 .- Attending various creditors of the same kind and number, will be paid by the date of their titles, if it shall appear in an indubitable. Otherwise be paid pro rata.

Section 2978 .- Court costs made by a creditor, in particular, will be paid at the place that should be the credit that has caused.

Section 2979 .- The credit agreement which comes from fraudulent preference between the creditor and the debtor loses all preference, unless the fraud comes from only the debtor, who in this case be liable for damages that are followed to other creditors as well worth of penalties for fraud.

CHAPTER II

Mortgage loans and collateral security and some other insiders


Section 2980 .- Preferably tax debts will be paid from taxes, the value of the assets that may have caused.

Section 2981 .- The mortgagees and collateral security, no need to enter the competition to make the payment of their claims. Actions can deduct their responsibilities under the mortgage or pledge, in the respective judgments, to be paid the value of the property to guarantee their loans.

Section 2982 .- If there are several mortgagees secured by the same assets can form a special contest with them, and paid by the date order in which they were granted mortgages, if they occurred within the legal or the order in which have recorded liens, if payment is made outside the terms of the law.

Section 2983 .- When the value of the property mortgaged or pledged not attain to cover loans they guarantee, the outstanding balance, enter the contest, the creditors concerned and will be paid as third-class creditors.

Section 2984 .- For the pledgee enjoyment of the right granted by Article 2981, it is necessary that when the garment I shall have been delivered in the first of the procedures established in Article 2859, keep it in power or who without any fault has lost its possession, and when he shall have been delivered in the second form referred to in that article, has not agreed to the debtor or the third party depository that holds it in his power to give to another person.

Section 2985 .- The price of the property mortgaged or pledged, shall be paid in the following order:

I. The costs of the respective trial and causing sales of such property;

II. Upkeep and management of such property;

III. The debt insurance of the goods themselves;

IV. Mortgage loans in accordance with Article 2982, payment within the revenues of the last three years, or collateral security loans, according to date, and its revenues over the last six months.

Section 2986 .- To be paid with marked preference claims falling in fractions II and III of the preceding article, are a prerequisite that the first have been necessary, and the latter stating authentically.

Section 2987 .- If the contest reaches the period required to decide sentence for graduation, without collateral security mortgage lenders or make use of their rights granted by Article 2981, the competition will sell the property and deposit the amount of credit and the corresponding revenues , observing, where appropriate, provisions relating to the absent.

Section 2988 .- The contest is entitled to redeem mortgage and collateral security taxes that weigh on the debtor's assets or pay debts that especially meet some of these and then these goods become part of the background of the contest.

Section 2989 .- Workers are not required to enter the contest for them having to pay credits for wages or salaries earned in the last year and compensation. Deducted from your claim to the appropriate authority and in pursuance of the decision is issued, be disposed assets that are necessary for the claims in question are paid in preference to any others.

Section 2990 .- If among the assets of the debtor shall be found including movable or immovable property acquired by inheritance and forced the author of the inheritance of certain creditors may request that they be separated and form those special contest to the exclusion of other creditors of the debtor themselves.

Section 2991 .- The right recognized in the preceding article shall not take place:

I. If the separation of property does not ask within three months from the beginning of the contest or from acceptance of the inheritance;

II. If creditors already done novation of the debt or otherwise have accepted personal responsibility for the heir.

Section 2992 .- Creditors who have obtained a separation of property may not enter the contest of the heir, but does not reach to cover their loans.

CHAPTER III

Preferred some creditors on Certain Goods


Section 2993 .- With the value of the goods mentioned preferably be paid:

I. The debt for salvage charges, with the value of the thing saved;

II. The debt incurred prior to the competition, specifically to perform works of rigorous conservation of some goods, the value thereof, provided it is proved that the amount borrowed was used in these works;

III. The credits referred to in Article 2644, the price of the work space:

IV. Credits for seeds, growing and harvesting costs, the price of the harvest to serve and that is in the possession of the debtor;

V. Credit for freight, with the price of the goods transported, if they are in possession of the creditor;

VI. Credit for housing, with the price of the furniture of the debtor that are in the house or establishment where you are staying;

VII. The credit of the landlord, the price of property liens that are within the leased property or the price of the fruits of the harvest if the estate regardless respective rustic;

VIII. The credit comes from the price of goods sold and not paid, the value of them, if the creditor makes his claim within sixty days after the sale, if made in cash, or expiration, if the sale was term.

In the case of movable property, preference will cease if they have been secured;

IX. The credits listed in the Land Registry, under court order for seizure, attachment or execution of judgments against the property listed and only in terms of loans later.

CHAPTER IV

Creditors of First Class


Section 2994 .- Paid creditors mentioned in the previous two chapters and the value of all assets remaining will be paid:

I. Common legal costs in the terms established by the Code of Procedure;

II. The cost of rigorous conservation and management of assets bankrupts;

III. Funeral expenses of the debtor, provided their social position, and also those of his wife and children under their custody and had no separate property;

IV. The expenses of the last illness of the persons mentioned in the previous section, made in the last six months preceding the date of death:

V. The food credit for trusting the debtor for their livelihood and your family in the six months prior to the formation of the competition;

VI. The liability on the part that includes the payment of medical expenses or funeral of the victim and pensions by way of food due to their families. In regard to the obligation to repay, since this returns another's property, is not in competition, and it touches the other allowances paid for the crime, shall be paid as if it were common creditors fourth class.

CHAPTER V

Creditors Second Class


Section 2995 .- Paid credits above shall be paid:

I. The credits of the persons included in sections II, III and IV of Article 2935, which have not demanded the necessary mortgage;

II. Appropriations for the Treasury that are not included in Article 2980 and credits referred to in section V of article 2935, which are not guaranteed as there prevented;

III. The credit facilities of public or private charity.

CHAPTER VI

Creditors Third Class


Section 2996 .- Satisfied credits that has been said above, the credits will be paid public deed or any other authentic document.

CHAPTER VII

Class Four Creditors


Section 2997 .- Paid credits listed in the preceding chapters, will be paid credits consisting of a private document.

Section 2998 .- With the remaining assets shall be paid all other claims not covered by the above provisions. Payment will be made pro rata, without regard to dates, or the origin of the credits.

TITLE TWO

Public Record


CHAPTER I

Your Organization


Section 2999 .- The Public Record Office was established in the Federal District and located at the place determined by the Head of the Federal District.

Section 3000 .- The Public Registry will operate under the system and methods that determine the regulation.

Section 3001 .- The Register shall be public. Those responsible, have the obligation to allow people who request them to know the seats held by the Public Record pages and documents related entries are archived. They are also required to issue certified copies of entries or records contained in the pages of the Public Registry, as well as certifications exist or no seating for goods that are brought.

Section 3002 .- The regulations will establish the requirements for the posts required for the operation of the Public Registry.

Section 3003 .- Managers and employees of the Public Registry, in addition to the penalties applicable to them for the crimes that may occur, civilly liable for damages that would result if:

I. Refuse to admit the title, or if you do not practice the entry of presentation in the order of entry of the document or notice referred to in Article 3016;

II. Practice a practice to refuse to seat improperly or without probable cause;

III. Retard, without cause, the practice of the seat to lead the recordable document;

IV. Mistakes, inaccuracies or omissions in the seats practice or in the certificates they issue, and

V. Not issue certificates in the statutory term.

Section 3004 .- The resulting final judgments under the previous article, include disqualification from office or employment to be paid compensation for damages if applicable.

CHAPTER II

Common Provisions of filings


Section 3005 .- Only registered:

I. The testimonies of notarial deeds or other authentic documents;

II. The resolutions and court orders stating authentically:

III. Private documents in this form were valid under the law, provided that at the bottom of them has the consistency of the notary, the registrar, public corridor or a judge, made sure of the authenticity of signatures and the will of the parties. Such records shall be signed by those notaries and carry the stamp in question.

Section 3006 .- Acts done or contracts awarded to another federal entity or abroad, shall be registered only if such acts or contracts in the nature of registrable under the provisions of this Code and the Regulations of the Public Registry.

If the relevant documents written in foreign language appeared and duly authenticated, must be previously translated by an official expert and formalized before a Notary.

The judgments delivered abroad will only be registered if they disagree with Mexican law and order his execution if the competent judicial authority.

Section 3007 .- The documents under this Code to be recorded and not recorded, not become effective against third parties.

Section 3008 .- Registration of acts and contracts in the Public Registry has declaratory effect.

Section 3009 .- The registry protects the rights acquired by bona fide third party, once registered, but later set aside or resolve the grantor's right, except when the cause of nullity is clearly the same record. The provisions of this Article shall not apply to contracts for free, or acts or contracts that run in violation of the law or grant

Section 3010 .- The registered right is presumed to exist and belongs to its owner in the form expressed by the relevant entry. It is also presumed that the holder of a domain registration or possession, possession of the property is registered.

No action may be brought conflicting domain rights of the property or rights in the same or other rights registered or recorded in favor of a person or entity, without that prior to the time, brought suit for annulment or cancellation of registration in the record such property or right.

If however precautionary executive trial or compulsory process against goods or real property, the procedure will be dismissed in respect thereof or off, as soon as the record shows, for authentic expression of the Public Registry, that such property or rights are registered in the name of a person different from that which was decreed against the embargo or procedure was followed, except that any action directed against it, as assignee of the owner appearing in the Public Registry.

Section 3011 .- The general property rights and any charge or limitation of the same or domain to be enforceable against a third party must appear in the folio of the farm on that fall, in the manner determined by the Regulations. The provisions of this Article shall apply to property that, if appropriate, include: The mortgage industry under the General Law on Credit Institutions and Auxiliary Organizations, the mortgage on the enterprise systems, referred to the Law General Communications, and similar cases under other laws.

Section 3012 .- Case of real estate, real rights on these or other registrable rights or annotations, the conjugal partnership shall not take effect against third parties if it does not registered in the Public Registry.

Either spouse or other party entitled to seek rectification of the relevant entry, when some of those assets belong to the marital partnership and are registered in the name of only one of those.

Of Priority


Section 3013 .- The choice between real rights on the same farm or other rights shall be determined by priority of registration in the Public Registry, regardless of the date of its constitution.

The real right acquired prior to the date of a notation will be preferred, even if their registration is later, provided that notice is given that provided in Article 3016.

If the notation is filed after the filing of the preliminary notice, the real motive of this law will be preferred, even if such notice had been given too late.

Section 3014 .- The entries in the Public Registry, as they relate to registrable rights or notations produce all their effects, except for judicial resolution.

Section 3015 .- Priority among the various documents entered into the Public Registry will determine the priority for the date and ordinal number corresponding to submit them for registration, except as provided in the following article.

Section 3016 .- When you're given a writing declaring, recognize, acquire, transmit, modify, restrict, encumber or extinguish the title or possession of real estate or any real right over them, or without being be registrable, the Notary or authority to whom the award is made, you should ask the Public Register certificate for the presence or absence of charges in connection therewith. The request to take effect in preliminary notice must include the operation and farm in question, the names of the contractors and the respective registration record. The registrar, with this application and no fees charged for this item immediately perform the introductory note in the respective part of the relevant page, note which will be valid for a period of 30 calendar days from the date of filing.

After signing the deed to produce any of the consequences referred to in the preceding paragraph, the notary or authority to whom was given preliminary notice given about the operation in question, the Public Registry within forty-eight hours and will contain besides the data mentioned in the preceding paragraph, the date of writing and signature. The registrar, the notice said, without charging any right almost immediately for the introductory note, which will be valid for ninety calendar days from the date of notice. If this occurs within a period of thirty days for contracts above, its preventive effects are retroactive to the date of filing referred to in the same paragraph, otherwise, it shall become effective from the date was presented and by the number of entries for that.

If testimony is submitted to the respective Public Registry within any of the terms that indicate the two preceding paragraphs, your registration will be effective against third from the filing date of the notice and under its accession number. If the document is submitted the aforementioned deadlines closed cases, registering only take effect from the date of filing.

If the document containing any of the operations mentioned in the first paragraph of this article to be private, must give preliminary notice, valid for ninety days, the notary or the competent court has ascertained the authenticity of firms and the willingness of the parties, in which case such notice shall have the same effect as that given by the notaries in the case of public instruments. If the contract is ratified before the registrar, it must implement an immediate warning to this rule refers.

Section 3017 .- The final registration of a right that has been noted previously, take effect from the date on which the annotation produced them.

Who can apply for the Registry and Registry Qualification.


Section 3018 .- The registration or recording of titles in the Public Register can be ordered by a person having a legitimate interest in being the right to register or record, or by the notary who has authorized the writing in question.

Made the registry, the documents will be returned to that presented in a note left on that date and recorded under that number.

Section 3019 .- To register or record any certificate shall mention previously registered or recorded the right of the person who gave him or to be harmed by registration, unless it is a inmatriculación registration.

Section 3020 .- Registered or recorded a title, you can not register or sign another date or before referring to the same property or real right, is opposed or incompatible.

If only the seat has been extended presentation, neither can register or sign up other evidence of the kind expressed above, while the seat is in force.

Section 3021 .- Registrars will qualify under the responsibility of the documents submitted for the practice of any registration or annotation, which suspended or denied in the following cases:

I. When the title is not presented those required to be registered or recorded;

II. When the document is not extrinsic magazine forms established by law;

III. When the officials to whom has been granted or grinding the document, have registered the ability of the grantors or as notorious inability of these;

IV. When the content of the document is contrary to the prohibitory laws or public interest;

V. When inconsistency between the document text and entries in the register;

VI. When not individualize the debtor's assets on which constitute a real right, or not set the maximum to ensure a lien in the case of obligations of undetermined amount, except in cases provided for in the last part of Article 3011, when they find the basis for determining the amount of the secured obligation, and

VII. When missing some other requirement that must fill out the document in accordance with the Code or other applicable laws.

Section 3022 .- The qualification made by the Registrar may be appealed to the Director of Public Registry. If this confirms the rating of the injured party may claim it in court.

If the court orders that rejected the title register, the registration will take effect from that first presented the title, if made the notation referred to in section V of article 3043.

Seat of the adjustment


Section 3023 .- The rectification of the seats because of material error or concept, only applies when there is a discrepancy between the title and registration.

Section 3024 .- It is understood that material error was committed when writing words for others to omit the expression of some circumstance or mistake the names or the amounts to the copy of the title without changing the general sense that the registration or that of any are concepts.

Section 3025 .- It is understood that misconception is committed when the inscription expressing any of the contents in the title alter or vary its meaning because the registration has been made a misjudgment of the same, an erroneous classification of the contract or act on it recorded or any other circumstance.

Section 3026 .- In the case of misconceptions seats practiced in the pages of the Public Register may be corrected only with the consent of all interested in the seat.

In the absence of unanimous consent of those concerned, the rectification may be made only by judicial decision.

If the Registrar objects to be observed rectification Article 3022.

In the case provided by the second paragraph of Article 3012, which prompted the amendment must accompany the application made to the registry, the documents that prove the matrimonial regime.

Section 3027 .- The concept grinding will take effect from the date of rectification.

Seat Of Extinction


Section 3028 .- Entries are not extinguished as to third but its cancellation or for the registration of the transfer of ownership or real right registered in favor of another person.

Section 3029 .- The notations are extinguished by cancellation, revocation or for conversion to enrollment.

Section 3030 .- Registrations and entries may be canceled by consent of the persons on whose behalf they are made or court order. May nevertheless be canceled at the request of a party, without such requirements, where the registered right is extinguished or recorded by operation of law or for reasons arising from the title under which the registration was performed or notation, due to the fact that does not require intervention of the will.

Section 3031 .- For the seat can be canceled by agreement of the parties, it must be recorded in deed.

Section 3032 .- Cancellation of registrations and notations may be total or partial.

Section 3033 .- May be requested and must be ordered in your case, full cancellation:

I. When fully extinguish the property subject to registration;

II. When extinguished, too full, the right registered or recorded;

III. When the invalidation of the title under which the registration was made or notation;

IV. When the invalidation of the seat;

V. When the property is sold legally to report the tax as provided in Article 2325, and

VI. When the case of mortgage or seizure, after two years from the date of the seat, the person concerned has promoted in the corresponding trial.

Section 3034 .- Can be ordered and decreed, if the partial cancellation:

I. When reducing the property subject to registration or notation, and

II. When reducing the right registered or recorded.

Section 3035 .- The notations, whatever its origin will expire three years from their date, except those to which they set a shorter shelf life. However, at the request of a party or by order of the authorities who decreed, may be extended one or more times, for two years each, provided that the extension is scored before the expiration of the seat.

The expiration of the seat to extinction by the respective mere passage of time, but any interested party may apply in this case to register the cancellation of that entry.

Section 3036 .- Cancelled a seat, presumably extinguished the right to that seat is concerned.

Section 3037 .- Parents as managers of the assets of their children, guardians of minors or incapacitated and any other administrators, although eligible to receive payments and give receipts can only consent to the cancellation of registration made on behalf of their constituents, in the case of payments or by judicial decision.

Section 3038 .- The cancellation of the registration of mortgages as collateral for securities transferable by endorsement, can be made.

I. Presenting the deed for which credits are claimed, which must contain unused titles have endorsed in the act of grant, and

II. By offering payment and appropriation of the amount of titles, processed and resolved in accordance with statutory provisions.

Section 3039 .- Registration of mortgages in order to ensure bearer securities will be canceled if it is done entirely recorded by notarial deed, be collected and held by the issuance of the debtor duly rendered useless.

Total cancellation shall also, if presented, at least three-quarters of the bearer shares issued and ensure the payment of the remainder, stating their amount and the applicable interest. Cancellation in this case should be agreed by a court, subject to the procedures set out in the Code of Civil Procedure.

Section 3040 .- Registrations may be canceled partially mortgage in question, presenting affidavit attesting be collected and held by the debtor duly unused, securities of equivalent value to the amount of the mortgage partial attempt to extinguish it, provided that such securities ascend, at least one-tenth of the total emission.

Section 3041 .- You can also cancel all or part of the mortgage to ensure both nominative and bearer by consent of the common representative of the holders of securities, provided it is authorized to do so and declare on my honor that has received the amount by which is canceled.

CHAPTER III

Registration of Real Property and recordable title and annotate


Section 3042 .- At the Public Registry of Real Property shall be recorded:

I. The titles which are believed to declare, recognize, acquire, transmit, modify, limit, or extinguish the domain serious, original ownership and other interests in land;

II. The constitution of the family patrimony;

III. Leases of property, for a period exceeding six years and those that have advance of rents for more than three years, and

IV. Other titles that the law expressly directs to be registered.

Section 3043 .- Previously be recorded in the Public Register:

I. Claims relating to property ownership or constitution, declaration, modification or termination of any real right thereto;

II. The command and the act, however, that cash has been made in property of the debtor;

III. The application filed to enforce contracts or to shape preparatory to the act or legal contract entered into, where its purpose real estate or rights thereon;

IV. Judicial decisions ordering the kidnapping or prohibiting the alienation of immovable property or real rights;

V. The titles presented to the Public Registry and whose registration has been denied or suspended by the Registrar;

VI. The legal or judicial surety, in accordance with the provisions of Article 2852;

VII. The decree of expropriation and temporary occupation and disclaimer of domain, real property;

VIII. The judgments in amparo ordering the temporary suspension or permanent, in relation to properties on the Public Registry and

IX. Any other title that is recorded in accordance with this Code or other laws.

Effects of Annotations


Section 3044 .- The notation will harm any purchaser of the property or real right referred to in the annotation, whose acquisition is later than the date of that, and if necessary, give priority to the claim on any other date after annotation.

In the case of fractions IV and VIII of Article 3043 shall at the close of registration in terms of its resolution. In the case of Section VI, the annotation will not produce another effect that prescribed by Article 2854.

In the case of Section VII, the entry for the record will only involvement in the registration of the property on which was the subject of the statement, but suffice concerning the publication of the decree in the Official Journal of the Federation to be subject to result thereof, both the owner or possessor, as third parties involved in any act or contract after such publication, in respect of affected property and shall be final registration appropriate to the grant of the respective deed, except when expressly provided by any law in stating that this requirement is not necessary.

Section 3045 .- Except where the annotation close the registration, the immovable property or real rights may be alienated or encumbered noted, but without prejudice to the right of the person to whom it made the annotation.

From Inmatriculación


Section 3046 .- The inmatriculación is the registration of ownership or possession of a property in the Public Registry of Property, which has no registration record. For any of the procedures referred inmatriculación the following articles, is a prerequisite that the Public Registry to issue a certificate stating that the property in question is not enrolled in the terms specified in the administrative arrangements for the effect is issued.

The Director of Public Registry may gather information from other administrative authorities.

The inmatriculación interested in the ownership or possession of a property may elect to obtain by court decision or by administrative decision, in terms of the following provisions:

I. The inmatriculación by court order is obtained:

a) Using domain information, and

b) By possessory information.

II. The inmatriculación obtained an administrative decision:

a) By registering the decree which is incorporated into federal or local public real estate;

b) By registering the decree that were divested in the public domain property, or a certificate issued based on this decree;

c) By registering a reliable and sufficient title to acquire ownership of property, in terms of section 3051 of this Code;

d) By registering ownership of a property purchased by positive prescription, in terms of section 3052 of this Code, and

e) Through the registration of the possession in good faith of a building that meets the eligibility requirements for prescribing, in terms of section 3053 of this Code.

Inmatriculación by court


Section 3047 .- In the case of domain information referred to in paragraph a) of Section I of the previous article, which has owned property for the time and to prescribe the conditions set forth in Book II, Title VII, Chapter II of the Civil Code and has no title or, having it is not liable for faulty enrollment may occur before the judge to certify the prescription by paying the appropriate information, on the terms of the applicable provisions of Code of Civil Procedure.

Duly verified the requirements of the prescription, the judge declared that the holder has become the owner under the prescription and this statement will be titled and registered in the Public Registry of Property.

Section 3048 .- In the case of possessory information, referred to paragraph b) of Section I of Article 3046, which has a bona fide possession of fit to prescribe, of property not registered in the Public Registry of Property for any person, even before the expiry of the time required to prescribe, you can register your possession by judicial decision issued by the competent judge.

For this, you should follow the procedure established by the Code of Civil Procedure for the information referred to in Article 3047.

The effect of registration will be recorded as having possession capable of producing the prescription, when the period of five years from the date of registration.

The inscriptions express the circumstances of possession required for those prescribed in the Regulations of the Public Registry.

Section 3049 .- Anyone who considers himself entitled to the assets owned or holding register is requested by a court may enforce it to the judge.

The filing of the opposition suspended the proceedings of information, if it were already completed and approved, should the judge to demand the attention of the Director of Public Property Registry to suspend registration, and if they were made, to note that demand.

If the opponent six months allowed to elapse without promoting the opposition procedure will void it, and it sat in its case, the cancellation may be appropriate.

Inmatriculación by Administrative Resolution


Section 3050 .- The inmatriculación administrative decision made by the Director of Public Registry of Property, who ordered the plane in the cases provided for under a) and b) of Section II of Article 3046.

Section 3051 .- Whoever is in the case provided for in subsection c) of Section II of Article 3046, may occur directly at the Public Registry of Property to seek inmatriculación, which will be ordered if the following conditions are met:

I. Proving ownership of the property through a reliable and sufficient title to acquire;

II. Stating that the title has more than five years old prior to the date of application, or display the title or titles of their causes with seniority above, journals that can be reliable and sufficient to acquire the property;

III. Expressing under oath if owning the land or the name of the holder in your case, and

IV. Accompanying the records relating to the status of the property cadastre and property taxes, if any.

Section 3052 .- Whoever is in the case of paragraph d) of Section II of Article 3046, may occur directly at the Public Registry of Property to prove that prescription has operated under the following procedures:

I. The applicant shall submit application to state:

a) Your full name and address;

b) The precise location of the property, area, adjacencies and measures;

c) The date and cause of his property, which consists of the fact or act giving rise to it;

d) That the possession relied in good faith;

e) The name and address of the person who obtained the petitioner in his case, and the cause of that if known, and

f) The name and address of the neighbors.

II. The application referred to in the preceding section, the applicant must submit:

a) The document which certifies the origin of the possession, if such document exists;

b) A plan approved by an engineer degree in which it identifies as indubitable the property, and

c) Records relating to the status of the property cadastre and property taxes, if any.

III. Receiving the request the Director of Public Registry of Property will make knowledge, by certified mail, return receipt requested, the person who obtained possession and its cause, if known, as well as the adjacent, pointing within nine working days to express their rights as far as appropriate.

The Director of Public Registry of Property, in addition, cause to be published edicts to notify people that may be considered disadvantaged at the expense of interest in once in the Official Gazette of the Federal District and in a newspaper of the most circulation, in the case of urban real estate. If they be rustic land, will also be published only once in the Official Journal of the Federation;

IV. If any opposition from the people mentioned in the preceding section, the Director of Public Registry will terminate the procedure, in order that the dispute decided by a judge;

V. If there is not opposition, the Director of Public Registry shall specify the day and time for a hearing in which the applicant must prove his possession in concept of owner and by the time required by this Code to prescribe, by means that will produce conviction among which will be essential to the testimony of three witnesses who are residents of the building whose inmatriculación requested.

The Registrar General may extend the examination of witnesses with questions as he deems appropriate to ensure the veracity of his statement, and

VI. The administrative decision of the Director of Public Registry of Property will be delivered within eight days following the conclusion of the hearing referred to in the preceding section, granting or denying inmatriculación and declaring in the first case that the owner has made it clear the background and circumstances which under this Code are required to acquire under the prescription, the resolution must state the grounds on which it rests.

Section 3053 .- Whoever is in the case of subparagraph e) of Section II of Article 3046, may occur directly at the Public Registry of Property evidencing possession of a property, suitable for prescribing in accordance with the procedure laid down in the previous article, with except that the hearing referred to his section V, the applicant must prove his present possession, by the media to produce conviction to the Director of Public Registry, which will be essential between the testimony of three witnesses who are residents of the building whose inmatriculación requested.

Section 3054 .- If the opposition referred to Section IV of Article 3052 was presented after completion of the procedure and approved inmatriculación, the Director of Public Property Registry shall suspend the registration if it had not practiced, and if they were made, cited note the opposition in the respective entry.

If the opponent let six months pass without promoting the view that if appropriate, the opposition shall be void and cancel the annotation.

Common Provisions


Section 3055 .- Anyone who has obtained judicial or administrative registration of ownership of a property, once five years have elapsed, if the possession is in good faith, may occur to the Director of Public Registry of Property to order the registration of property acquired by positive prescription, in the folio for the registration of possession, who ordered the applicant provided proving conclusively to have continued in possession of the property with the conditions prescribed, with no one seat that contradicts the registered office.

Section 3056 .- Once the court or administrative order inmatriculación ownership or possession of a building and covered the payment of the respective rights, will be registered in the relevant page.

Section 3057 .- The inmatriculación made by court decision or by administrative decision, may not be amended or canceled except by judicial mandate contained in irrevocable sentence handed down in court as they have been part of the Director of the Public Registry of Property.

Section 3058 .- Information will not be registered or administrative judicial office, or the domain for the violations of urban development programs or declarations of use, destinations and reservations of land issued by the competent authority, or have not met the applicable legal in matters of division and occupation of land, unless the case of programs to regularize the land approved by the authority.

Registration System


Section 3059 .- The Regulations shall establish the system under which the pages should be the Public Registry and practiced the seats.

The first registration of each farm will be domain or possession.

Section 3060 .- The presentation notes seats and express:

I. The date and number of entry;

II. The nature of the document and the official who authorized;

III. The nature of the act or transaction in question;

IV. Property or rights subject the holder, stating the amount, if it consists, and

V. The names of those concerned.

Section 3061 .- Seats registration must state the following circumstances:

I. The nature, location and boundaries of the properties subject to the registration or which affect the right to be entered, its superficial extent, name and number if it consists in the title and references to the previous record and cadastral regulations to prevent ;

II. The nature, extent and conditions of the right concerned;

III. The value of the property or rights referred to in the preceding sections, when under the law to be expressed in the title;

IV. In the case of mortgages, the secured obligation, the time may be enforced, the amount thereof or the maximum amount insured in the case of obligations of undetermined amount, and the proceeds, if caused by them, and the date from which must run ;

V. The names of the persons or entities in whose favor the registration is made and from whom they proceed immediately the goods. When the title expresses nationality, place of origin, age, marital status, occupation and address of the interested parties, shall refer to these data in the registration;

VI. The nature of the act or legal business, and

VII. The date of the title number, if any, and the official who approved it.

Section 3062 .- The notations contain the circumstances expressed in the preceding article, as resulting from the documents and, at least scored the estate or right, the person who favors the entry and the date thereof.

Which owe their origin to seizure or sequestration, expressed the proceedings which have resulted in the former and the amount of the obligation that originated there.

The coming of a declaration of expropriation, limitation domain or occupation of immovable property shall show the date of the respective decree, that of its publication in the Official Journal of the Federation and to charitable causes that serve the statement.

Section 3063 .- Seats for cancellation of a registration or notation, expressed:

I. The kind of document under which practice the cancellation date and number, if any, and the officer authorizing it.

II. The cause for the cancellation is made;

III. The name of the person at whose request or with whose consent verify the cancellation;

IV. The expression of being fully or partially off the seat in question, and

V. In the case of partial cancellation, the part that secretes or has disappeared from the property, or to reduce the right and subsisting.

Section 3064 .- These records must contain the information to correlate the farms or seats to which they relate and, where appropriate, the fact that they try to prove, and the document by which it spreads.

Section 3065 .- The requirements according to the above articles should contain seats, may be omitted when the record appearing on other farm, making reference only to the seat that contains them.

Section 3066 .- All seats, the kind they are, must be signed by the registrar and to express the practice date and the date and seat number of presentation.

Section 3067 .- The seats of the Public Registry will not take effect until they are signed by the registrar or officer to replace it, but the firm may be required by those who have the title certified to have been registered.

The seats may be canceled by court after hearing the interested when BEEN substantially altered the seats and in case you have changed data relating to the property in question or the rights registered or owner thereof, without prejudice regarding the correction of errors, inaccuracies or omissions.

Section 3068 .- The invalidity of the seats referred to in the preceding article shall not prejudice the rights previously acquired by third parties, protected under Article 3009.

CHAPTER IV

Registration of Personal Property Transactions


Section 3069 .- It is recorded in the pages of property operations:

I. The contracts for the sale of property subject to conditions precedent referred to Section II of Article 2310;

II. The contracts of sale of personal property which the seller retains ownership of them, referred to Article 2312, and

III. The pledge agreements mentioned in Article 2859.

Section 3070 .- Any entry is made in the pages of property shall state the following:

I. The names of the contractors;

II. The nature of the cabinet with the property or signals that serve to identify it unambiguously;

III. The price and payment under the contract and, where applicable, the amount of credit secured by the pledge;

IV. The practice date and signature of the registrar.

CHAPTER V

Registration of Legal Persons


Section 3071 .- In the pages of legal persons shall be entered:

I. The instruments which constitute, reform or dissolve societies and associations and their statutes;

II. Instruments that contain the notarization of the statutes of foreign societies and associations and civil reforms, prior authorization in the terms of Articles 17 and 17 A of the Foreign Investment Law, and

III. Foundations and private charities.

Section 3072 .- The entries relating to the establishment of legal entities, shall contain the following information:

I. The name of the grantors;

II. The name or denomination;

III. The purpose, duration and address;

IV. Social capital, if any, and the contribution that each partner must contribute;

V. How to allocate profits and losses, if any;

VI. The name of the managers and the powers to be granted;

VII. The nature of the unlimited liability partners and when we had it, and

VIII. The date and signature of the registrar.

Section 3073 .- Other inscriptions are carried out in the pages of legal persons, expressed essential information as the act or contract resulting from the respective title.

Section 3074 .- Entries that are carried out on the pages relating to movable and moral people will not produce more effects than those specified in Article 2310, paragraph II, 2312, 2673, 2694 and 2859 of this Code and shall be applicable to records provisions relating to real estate, they are compatible with the nature of the acts or contracts concerning it and the previous chapter and the effects that the entries occur.

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