Mexican Civil Code: Contracts of Swap, Donation, and Loan | Althox
The Federal Civil Code of the United States of Mexico is a cornerstone of the nation's legal system, governing civil relations between individuals and entities. Book Four, specifically, delves into the intricate world of obligations and contracts, laying down the foundational principles that ensure fairness, enforceability, and clarity in various agreements. This comprehensive exploration will focus on three pivotal contractual figures: the swap (permuta), the donation (donación), and the mutual loan (mutuo), along with an introduction to the lease contract (arrendamiento), as defined from Title Three to Title Sixteen of this crucial legal document.
Understanding these sections is vital for anyone engaging in civil transactions within Mexico, from individuals exchanging goods to complex business agreements. The Code provides a detailed framework, addressing everything from the basic definitions of these contracts to their specific conditions, limitations, and the legal remedies available in case of disputes. By examining the precise wording of each article, we can gain invaluable insight into the Mexican legal perspective on property transfer, gratuitous acts, and credit arrangements.
The Federal Civil Code provides the legal framework for various contracts in Mexico.
This article aims to dissect these legal provisions, offering a clear and informed perspective on their practical implications. We will explore the nuances of each contract type, highlighting key articles and their significance in establishing rights and obligations. From the simple exchange of goods to the complexities of interest-bearing loans and the conditions for revoking a donation, the Mexican Civil Code offers a robust and detailed guide for civil conduct. This deep dive will ensure a thorough understanding of these essential legal concepts.
Table of Contents
- The Contract of Swap (Permuta)
- Understanding Donations (Donación)
- Capacity to Receive Donations
- Revocation and Reduction of Donations
- The Mutual Contract (Loan)
- The Lease Contract (Arrendamiento)
The Contract of Swap (Permuta)
The swap, or permuta, is a fundamental contract in civil law, representing a direct exchange of goods without the involvement of money as a primary consideration. Mexico's Federal Civil Code defines and regulates this ancient form of transaction, ensuring that parties engaging in a swap are protected and their agreements are legally binding. The provisions in Title Three outline the core principles and specific scenarios that may arise during such an exchange.
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.
Article 2327 establishes the core definition: a reciprocal agreement to exchange one thing for another. This highlights the bilateral nature of the contract, where both parties assume the role of both giver and receiver. The reference to Article 2250 implies that certain general provisions of contracts, particularly those related to the object and validity, apply equally to swaps, ensuring consistency across contractual agreements.
A crucial aspect addressed is the scenario where one party receives an item that was not legitimately owned by the other. Article 2328 provides a safeguard, allowing the aggrieved party to refuse to deliver their promised item and demand the return of what they initially provided. This prevents unjust enrichment and protects against transactions involving stolen or unlawfully possessed goods.
Eviction, a legal term referring to the loss of a right or property due to a third-party claim, is specifically covered in Article 2329. If a party suffers eviction from the item received in a swap, they have several remedies: they can reclaim the item they originally gave (if still held by the other party), or demand its value, along with compensation for damages. This provision ensures that the victim of eviction is made whole, either by restitution or monetary equivalent.
The concept of exchange is central to the contract of swap, involving reciprocal transfer of items.
Article 2330 introduces a limitation to the eviction remedy, protecting the rights of third parties who acquired the disputed item in good faith and for consideration. This balances the rights of the original parties with the need to ensure stability in commercial transactions and protect innocent purchasers. Finally, Article 2331 states that the rules governing sales contracts are applicable to swaps, except for provisions related to price, as long as they do not conflict with the specific articles on swaps. This streamlines the legal framework, avoiding redundancy and ensuring a comprehensive set of rules for these exchanges.
| Article | Description | Significance |
|---|---|---|
| 2327 | Definition of a swap as a reciprocal exchange of things. | Establishes the fundamental nature of the contract. |
| 2328 | Protection against non-ownership of the exchanged item. | Allows refusal of delivery and demand for return if the item received was not legitimately owned. |
| 2329 | Remedies for eviction suffered on the received item. | Grants the right to reclaim the original item or its value plus damages. |
| 2330 | Safeguards rights of third parties in good faith. | Protects innocent third-party acquirers from eviction claims. |
| 2331 | Application of sales contract rules (excluding price). | Ensures a comprehensive legal framework for swaps by referencing sales law. |
Understanding Donations (Donación)
Donations, or donaciones, are acts of generosity where one person gratuitously transfers property to another. Title Four of the Federal Civil Code meticulously details the nature, types, conditions, and limitations of these contracts, ensuring that such acts are performed with legal clarity and protection for both the donor and the donee. This section is particularly important for estate planning and charitable giving.
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.
Article 2332 defines a donation as a gratuitous transfer of present property. This immediately distinguishes it from other contracts by its lack of consideration from the donee. Importantly, Article 2333 specifies that future property cannot be the subject of a donation, ensuring that the transferred assets exist at the time of the agreement. This prevents speculative or uncertain transfers that could lead to future disputes.
The Code categorizes donations into several types: pure, conditional, onerous, and remunerative (Articles 2334-2336). A pure donation is absolute, while a conditional one depends on an uncertain event. An onerous donation imposes charges on the donee, and a remunerative one is made in consideration for services rendered by the donee that the donor was not legally obligated to pay. Article 2337 clarifies that in onerous donations, only the excess value beyond the charges is considered the donated amount.
Donations are generally irrevocable, but Article 2338 highlights that exceptions exist, as defined by law. This balance between irrevocability and specific grounds for revocation is crucial for maintaining the integrity of such transfers. Article 2339 addresses specific types of donations: those effective after the donor's death (governed by inheritance law) and those between spouses (governed by family law), demonstrating the Code's comprehensive scope.
For a donation to be perfected, Article 2340 requires acceptance by the donee and notification of this acceptance to the donor. This ensures mutual consent. The form of donation varies by value and type of property (Articles 2341-2345). Verbal donations are allowed for personal property up to 200 pesos. Between 200 and 5,000 pesos, written form is required. Above 5,000 pesos, a public deed is necessary. Real estate donations always require the same formalities as a sale, emphasizing their significant legal weight. Acceptance must also follow these forms and occur during the donor's lifetime (Article 2346).
The Code also imposes limitations to protect the donor and their dependents. Article 2347 declares a donation invalid if it includes the donor's entire estate without reserving sufficient means for their livelihood. Article 2348 defines "inofficious" donations as those that impair the donor's legal obligation to provide support (alimony) to dependents. If a donor generally donates all assets but reserves some for testing, Article 2349 states that half of the donated goods are considered reserved. These provisions prevent donors from impoverishing themselves or their dependents through excessive generosity.
Further articles address specific situations: Article 2350 states that donations to multiple people do not automatically create a right of accretion (where one donee's share grows if another cannot receive theirs) unless expressly stipulated. The donor's responsibility for eviction is limited unless explicitly assumed (Article 2351), though the donee is subrogated to the donor's rights if eviction occurs (Article 2352). Articles 2353-2355 detail the donee's liability for the donor's debts, which varies depending on whether the donation is specific, general, or burdened with debt payment. Finally, Article 2356 clarifies that periodic benefits granted as donations typically extinguish upon the donor's death, unless otherwise agreed.
| Type | Description | Example |
|---|---|---|
| Pure | Given absolutely, without conditions or charges. | A parent gifting a car to a child without any strings attached. |
| Conditional | Depends on an uncertain future event. | Gifting a house if the donee graduates from university. |
| Onerous | Imposes certain charges or obligations on the donee. | Donating a property with the condition that the donee cares for an elderly relative. |
| Remunerative | Made in consideration of services received by the donor, not legally owed. | Gifting a sum of money to a neighbor for years of informal help and kindness. |
Capacity to Receive Donations
Chapter II of Title Four specifically addresses who can legally receive donations, extending the capacity beyond living, fully-formed individuals to include those yet to be born under certain conditions. This section also outlines circumstances under which donations, even if seemingly valid, can be declared void due to legal prohibitions or fraudulent intent.
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.
Article 2357 is notable for its progressive stance, allowing unborn individuals to acquire property through donation, provided they were conceived at the time of the gift and meet the conditions of feasibility outlined in Article 337. This provision recognizes the legal personality of the unborn in specific contexts, particularly concerning inheritance and gifts, ensuring that intentions of generosity towards future generations can be legally fulfilled. The reference to Article 337 typically concerns the viability of the fetus, ensuring that the donation is directed towards a potential human being.
Conversely, Article 2358 acts as a safeguard against fraudulent or illegal transfers. It declares donations void if they are made by simulating another contract to benefit individuals who are legally prohibited from receiving such gifts. This prohibition applies regardless of whether the donation is direct or made through a proxy. This article aims to prevent circumvention of legal restrictions, such as those related to public officials, guardians, or other individuals who might exploit their position to receive undue benefits, thereby upholding the integrity of the legal system and preventing conflicts of interest.
Revocation and Reduction of Donations
Chapter III of Title Four details the specific circumstances under which a donation can be revoked or reduced, providing crucial mechanisms for justice and protection. These provisions address changes in the donor's life circumstances, particularly the birth of children, and instances of severe ingratitude from the donee, ensuring that gratuitous acts do not lead to unforeseen hardship or injustice.
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.
One of the most significant grounds for revocation is the "supervenience of children" (Article 2359). If a donor, who had no children at the time of making a donation, subsequently has children who meet the feasibility conditions of Article 337, they may revoke the donation. This right, however, is time-bound: if five years pass without the donor having or revoking the donation after having children, it becomes irrevocable. The birth of a posthumous child within this period automatically revokes the entire donation, highlighting the law's protection of familial interests.
Article 2360 specifies that if the donor does not revoke the donation due to supervenience of children, it must be reduced if it falls under the "inofficious" category (impairing food obligations, Article 2348), unless the donee assumes the responsibility for providing such support. However, Article 2361 lists exceptions where donations cannot be revoked due to supervenience of children, including small donations (less than 200 pesos), antenuptial gifts, gifts between spouses, and purely remunerative donations. These exceptions recognize certain types of gifts as having a different legal character.
The effects of revocation are detailed in Articles 2362-2365. Upon revocation due to supervenience of children, the donated goods or their value (if sold) must be returned to the donor. If the property is mortgaged or encumbered, the mortgage remains, but the donor can demand its redemption. If goods cannot be returned in kind, their value at the time of donation is required. The donee is also liable for the fruits (income or produce) of the donated goods from the day they are notified of the revocation or from the birth of a posthumous child.
Legal frameworks define the structure and enforceability of contractual obligations.
The right of revocation due to supervenience of children cannot be waived in advance (Article 2366), underscoring its protective nature. This action is exclusive to the donor and any posthumous child, though creditors can demand reduction for maintenance purposes (Article 2367). The donee's responsibility for onerous charges is limited to the donated property, and they can escape the charge by abandoning the property (Article 2368). Article 2369 mandates that Articles 2362 and 2363 apply to any termination or cancellation of a donation.
Another critical ground for revocation is "ingratitude" (Article 2370). This occurs if the donee commits a crime against the donor, their honor, property, ancestors, descendants, or spouse; or if the donee refuses to provide assistance to the donor who has fallen into poverty, proportionate to the value of the donation. Articles 2371-2374 apply similar rules to ingratitude as to supervenience of children, including a one-year prescription period from the donor's knowledge of the ingratitude. The action cannot be waived in advance and generally cannot be brought against or by heirs unless initiated during the donee's or donor's lifetime, respectively.
The Code also addresses the reduction of inofficious donations. Article 2375 states that donations will not be revoked or reduced if the donee assumes the obligation to provide legally due and guaranteed support upon the donor's death. Articles 2376-2383 provide detailed rules for how reductions are to be carried out, prioritizing the most recent donations first, and prorating reductions if multiple donations were made simultaneously. Specific rules apply for divisible and indivisible real estate, ensuring a fair and equitable process for all parties involved in the reduction of donations.
| Ground | Conditions | Key Article |
|---|---|---|
| Supervenience of Children | Donor had no children at the time of donation and subsequently has viable children. Subject to a five-year limitation period. | 2359 |
| Ingratitude of Donee | Donee commits a crime against the donor or their family, or refuses to provide support to an impoverished donor. | 2370 |
| Inofficious Donation | Donation impairs the donor's legal obligation to provide support (alimony) to dependents. | 2348, 2360 |
The Mutual Contract (Loan)
The mutual contract, or mutuo, is a fundamental agreement for lending and borrowing, extensively regulated under Title Five of the Federal Civil Code. This title distinguishes between simple mutual contracts and those with interest, providing specific rules for each to ensure clarity and fairness in financial transactions. Understanding these provisions is crucial for both lenders and borrowers in Mexico.
Chapter I: Simple Mutual
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 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.
Article 2384 defines the simple mutual contract: the lender transfers ownership of money or other fungible goods to the borrower, who agrees to return an equal amount of the same kind and quality. This emphasizes that ownership passes to the borrower, who then has the obligation to return an equivalent, not necessarily the exact same, item. This is crucial for fungible goods like grains or money.
When a repayment term is not fixed, Article 2385 provides specific rules. For farmers borrowing agricultural products, repayment is due at the next harvest. For non-farmers, similar rules apply to their respective produce or income. In other cases, Article 2080, which deals with the general timing of obligations, governs the repayment. This flexibility acknowledges different economic activities and income cycles.
The place of delivery and restitution is addressed in Article 2386, stating it should be a "suitable place." Article 2387 further specifies that if no place is designated, the item is delivered at its current location, and restitution is made where it was received. For money, it's the debtor's home, referencing Article 2085, which typically concerns the place of payment for monetary obligations.
If restitution in kind becomes impossible, Article 2388 mandates that the borrower must pay the value of the item at the time and place the loan was made, as determined by experts, unless otherwise stipulated. For money loans (Article 2389), the debtor returns an equivalent amount in legal tender at the time of payment. If foreign currency is agreed upon, the borrower bears the risk or benefit of exchange rate fluctuations, a vital consideration in international transactions.
Lender responsibility is outlined in Article 2390: they are liable for damages caused by poor quality or hidden defects of the lent item if they knew of the defects and failed to inform the borrower. This protects the borrower from receiving faulty goods. Article 2391 reiterates the application of Article 2080 if repayment is conditioned on the debtor having the means. Finally, Article 2392 declares invalid debts incurred by a minor for necessities if their legal representative is absent, protecting vulnerable individuals.
| Article | Description | Implication |
|---|---|---|
| 2384 | Definition: Lender transfers ownership of fungible goods; borrower returns same kind/quality. | Ownership transfers; equivalent return, not specific item. |
| 2385 | Repayment terms for loans without fixed duration. | Tailored repayment for farmers (next crop) and others (general obligations). |
| 2389 | Money loans and foreign currency stipulations. | Debtor pays equivalent in legal tender; foreign currency risk/benefit to borrower. |
| 2390 | Lender's responsibility for defects in the lent item. | Protects borrower from hidden defects if lender had knowledge. |
Chapter II: Mutual with 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.
Chapter II explicitly permits the stipulation of interest in mutual contracts, whether paid in cash or in kind (Article 2393). This acknowledges the economic reality of lending and the cost of money. Article 2394 differentiates between "legal interest" and "conventional interest," setting the stage for specific regulations.
Article 2395 is particularly significant. It sets the legal interest rate at nine percent. Conventional interest, however, is freely agreed upon by the parties and can be higher or lower. Crucially, this article provides a vital protection against usury: if conventional interest is disproportionately high, suggesting abuse of the debtor's financial distress, inexperience, or ignorance, a judge can reduce it to the legal rate upon the debtor's request. This provision safeguards vulnerable borrowers from predatory lending practices, ensuring that interest rates remain within reasonable bounds.
Article 2396 offers debtors a right to early repayment. If an interest rate higher than the legal rate has been agreed upon, the debtor can repay the principal after six months from the contract's conclusion, regardless of the agreed term, by giving two months' notice and paying the accrued interest. This provides an exit strategy for debtors facing high-interest loans. Finally, Article 2397 imposes a strict prohibition, under penalty of nullity, against agreements to capitalize interest (i.e., compound interest where interest itself generates more interest). This prevents the exponential growth of debt and protects debtors from potentially overwhelming financial burdens.
| Feature | Legal Interest | Conventional Interest |
|---|---|---|
| Rate | Fixed at nine percent (9%). | Agreed upon by contracting parties. |
| Flexibility | Static, statutory rate. | Can be higher or lower than the legal rate. |
| Judicial Review | Not subject to reduction based on disproportion. | May be reduced by a judge if disproportionate and indicative of abuse. |
| Early Repayment | Standard terms apply. | Debtor can repay after 6 months with notice if rate is higher than legal. |
| Capitalization | Not applicable. | Expressly prohibited under penalty of nullity. |
The Lease Contract (Arrendamiento)
The lease contract, or arrendamiento, is a cornerstone of property law, allowing for the temporary use and enjoyment of a thing in exchange for a price. Title Six of the Federal Civil Code meticulously outlines the general provisions governing leases, establishing limits, defining eligible goods, and setting rules for various scenarios, including the transfer of ownership and the roles of co-owners and public officials.
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 ....
Article 2398 provides the core definition of a lease: a reciprocal agreement where one party grants the use or enjoyment of a thing, and the other pays a certain price for it. This establishes the bilateral and onerous nature of the contract. Crucially, it sets maximum durations: ten years for residential land and twenty years for commercial or industrial farms/properties. These limits prevent indefinite encumbrances on property and promote economic dynamism.
The price of the lease, or rent, can be a sum of money or an equivalent, as long as it is certain and determined (Article 2399). This flexibility allows for various forms of consideration. Article 2400 clarifies what can be leased: all goods that can be used without being consumed, excluding those prohibited by law or strictly personal rights. This ensures that the leased item retains its essence for return.
Not only owners can lease property. Article 2401 allows non-owners to lease if they have the power to do so, either through owner authorization or by operation of law (e.g., a legal administrator). Article 2402 specifies that such leases are subject to the limits of the authorization or legal mandate. Article 2403 prevents a co-owner from leasing an undivided property without the consent of the other co-owners, safeguarding collective property rights.
To prevent conflicts of interest and abuse of power, Articles 2404 and 2405 strictly prohibit judges, public employees, and managers from leasing properties involved in their official duties or properties they manage, either directly or through proxies. This ensures impartiality and ethical conduct in public service. Article 2406 mandates that leases must be in writing, and the absence of this formality is explicitly charged to the landlord, placing the burden of compliance on the party typically responsible for drafting the contract.
Article 2408 states that the death of either the lessor or the lessee does not terminate the lease, unless otherwise agreed. This ensures the stability and continuity of the contract, which passes to the heirs. A significant provision is Article 2409, which addresses the transfer of ownership of the leased property during the lease term. In such cases, the lease continues under its original terms, protecting the lessee's right to use the property. The tenant is then obligated to pay rent to the new owner upon proper notification, even if they claim to have paid the previous owner, unless advance rent payments were explicitly stipulated in the original lease. This article balances the rights of the new owner with the stability of the existing lease agreement.
| Aspect | Provision | Article |
|---|---|---|
| Definition & Duration | Reciprocal grant of use/enjoyment for a price. Max 10 years (residential), 20 years (commercial/industrial). | 2398 |
| Rent Price | Money or equivalent, must be certain and determined. | 2399 |
| Leasable Goods | All non-consumable goods, except legally prohibited or strictly personal rights. | 2400 |
| Who Can Lease | Owner or authorized non-owner/legal administrator. | 2401 |
| Formalities | Must be in writing; landlord bears responsibility for absence. | 2406 |
| Death of Parties | Does not terminate the lease, unless otherwise agreed. | 2408 |
| Transfer of Ownership | Lease continues under original terms; tenant pays new owner upon notification. | 2409 |
The Federal Civil Code of Mexico, through these detailed provisions, establishes a robust and equitable framework for civil contracts. From the simple exchange of goods in a swap to the complexities of gratuitous transfers in donations and the financial dynamics of mutual loans and leases, the Code ensures legal certainty and protection for all parties involved. Its meticulous approach to defining terms, outlining conditions, and providing remedies reflects a commitment to justice and stability in civil transactions. These articles are not merely abstract legal concepts but practical guidelines that shape daily interactions and economic activities across Mexico, providing a clear roadmap for contractual obligations and rights.
Fuente: Contenido híbrido asistido por IAs y supervisión editorial humana.
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