Federal Civil Code of the United States of Mexico - Second Book Capital Goods - FIRST TITLE Preliminary Provisions
MEXICO'S CIVIL CODE
SECOND BOOK
Capital Goods
FIRST TITLE
Preliminary Provisions
Article 747 .- Can be appropriated all the things that are not excluded from trade.
Article 748 .- Things may be out of business by its nature or by operation of law.
Section 749 .- They are out of trade by their nature can not be possessed by some
individual only, and by provision of law, she says irreducible to particular property.
individual only, and by provision of law, she says irreducible to particular property.
TITLE TWO
Classification of Goods
CHAPTER I
Of Real Estate
Article 750 .- They are real estate:
I. The land and buildings attached to it;
II. The
plants and trees, while they are attached to the earth, and the
remaining fruit from the same trees and plants until they are separated
from them by crops or regular courts;
III. Anything
attached to a building in a fixed manner, so that can not be separated
without damaging the same building or object attached to it;
IV. The
statues, reliefs, paintings and other ornamental objects placed in
buildings or inherited by the owner of the property in such a way that
reveals the purpose of uniting them in a permanent way to the farm;
V. The
lofts, beehives, fish ponds or similar farms when the owner preserve
them in order to keep them together at the farm and part of it on a
permanent basis;
VI. The
machines, vessels, instruments or implements intended by the owner of
the property directly and exclusively to the industry or operation
thereof;
VII. Fertilizers
for the cultivation of an estate, they are in the lands where they
used, and seeds required for cultivation of the farm;
VIII. Electrical appliances and accessories attached to the land or buildings by the owner thereof unless otherwise agreed;
IX. The
springs, ponds, reservoirs and streams and aqueducts and pipes of any
kind that serve to drive the liquids or gases to a farm or to remove it;
X. The
animals form the breeding stock in the rural land for all or part of
the livestock industry, as well as working beasts essential in
cultivating the farm while they are designed for that purpose;
XI. The
levees and buildings, though they are floating, are intended by their
purpose and conditions to remain in a fixed point of a river, lake or
coast;
XII. The interests in land;
XIII. Telephone and telegraph lines and fixed wireless telegraphy stations.
Article 751 .- The
property, by their nature, are considered property, as provided in
various fractions of the previous article, regain their quality of
furniture, when it separated from the building's owner, except if the
value of it has been computed that of those to be a right in favor of
another.
CHAPTER II
Of movable
Article 752 .- The assets are moveable by nature or by operation of law.
Article 753 .- This
is furniture by its nature, the bodies can move from one place to
another, moving by themselves, and the effect of an external force.
Article 754 .- They
are movable by determination of the law, the obligations and rights or
actions aimed movable or amounts payable under personal action.
Article 755 .- For
the same reason the shares are deemed furniture that each partner has
in associations or societies, even when they owned some property.
Article 756 .- The boats of all kinds are movable.
Article 757 .- Material
from the demolition of a building, and that may have been stockpiled
for repair or build a new one will be furniture, while not been used in
manufacturing.
Article 758 .- The copyrights are considered property.
Article 759 .- In general, they are movable, all others not considered by law as property.
Article 760 .- When
a provision of the law or the acts and contracts of the words used
property, be understood under this name listed in the preceding
articles.
Article 761 .- When
using the words or movable property of a house, they will understand
the forming the furnishings and utensils and serving it exclusively and
strictly for the use and regular treatment of a family, the
circumstances of the people who integrate . Consequently, it will be
understood: money, documents and papers, scientific and artistic
collections, books and shelves, medals, weapons, instruments, arts and
crafts, jewelry, clothing of any kind of use, beans, broth, merchandise
and other similar things.
Article 762 .- When
drafting a will or an agreement, it is found that the testator or
contracting parties have the words movable furniture or a different
meaning from that set out in the preceding articles shall be subject to
the provisions in the will or agreement.
Article 763 .- The
property is fungible or expendable. They belong to the class which can
be replaced by others of the same species, quality and quantity.
The non-expendable are those who can not be replaced by others of the same kind, quality and quantity.
CHAPTER III
Of goods considered as the People They Belong
Article 764 .- Goods are the domain of public or private property.
Article 765 .- They are goods of the public domain they belong to the Federation, States or municipalities.
Article 766 .- The real domain of public power is governed by the provisions of this Code as not determined by special laws.
Article 767 .- The real domain of public goods are divided into common use goods to a public service and wealth.
Article 768 .- Fixed
assets are inalienable and common. They can take advantage of all the
inhabitants, with the restrictions established by law, but requires
special use concession requirements to prevent the respective laws.
Article 769 .- Which
hinder the use of common assets, are subject to appropriate penalties,
to pay damages and the loss of which carried the works.
Article 770 .- The
goods to a public service and personal property, owned in fee to the
Federation, States or municipalities, but the former are inalienable
and, while they are not disaffected public service to which they are
intended.
Article 771 .- Where
under the law may be alienated and disposed of a public road, the
owners of neighboring properties shall enjoy the same right in their
share, to which effect is given notice of the sale. The law provides
that this section shall be exercised precisely within eight days
following the notice. When he was not given, the adjoining may request
the termination of the contract within six months of its conclusion.
Article 772 .- These
are assets owned by individuals whose command all things belong to them
legally, and you can not get either without the consent of the owner or
authorized by law.
Article 773 .- Foreigners
and legal persons to acquire ownership of real property shall observe
the provisions of Article 27 of the Constitution of the United Mexican
States and its laws and regulations.
CHAPTER IV
Of the vacant property
Article 774 .- Are left vacant property and furniture owned by the lost is ignored.
Article 775 .- He
who finds a thing lost or abandoned, must be delivered within three
days of the municipal authority of the place or the nearest, if the
finding is verified in the wilderness.
Article 776 .- The authorities have indeed found that the thing is priced by experts, and deposited, demanding formal and detailed receipt.
Article 777 .- Whatever
the value of the thing, set alerts for a month, every ten days, in
public places in the county seat, announcing that the deadline is to
auction the thing if claimant fails to appear.
Article 778 .- If
the thing was outside that can not be preserved, the authority will
have certainly sent the sale and deposit the money. The same shall apply
when the preservation of the thing may cause costs not related to its
value.
Article 779 .- If
during the designated time frame has been filed claiming one thing, the
municipal authority will forward all details of the case to the
competent judge, according to the value of the thing, to whom the
claimant prove his action, intervening as a defendant the prosecution.
Article 780 .- If the claimant is declared owner, will deliver the thing or its price, in the case of Article 778, net of expenses.
Article 781 .- If
the complainant is not declared owner, or if after a period of one
month from the first publication of the notices, no one claims ownership
of the thing, it will be sold, giving a quarter of the price at which
he found and intended the other three quarters of the charitable
institution designated by the Government. Expenses are divided among the
winners in proportion to the part they receive.
Article 782 .- When
special circumstances necessary in the opinion of the authority, the
preservation of the thing, which found it will receive a quarter of the
price.
Article 783 .- The sale will be provided in public auction.
Article 784 .- The
occupation of the vessel, its cargo and objects thrown into the sea
beaches or collected at sea are governed by the Code of Commerce.
CHAPTER V
Capital Goods Vacancies
Article 785 .- Vacant buildings are assets that no one owns a certain and known.
Article 786 .- He
that hath learned of the existence of vacant property in the Federal
District and the party wishes to acquire the law gives the discoverer of
them make the complaint to the prosecutor of the place of the location
of the property.
Article 787 .- The
public prosecutor, if it considers that necessary, deducted before the
judge, according to the value of the goods, the appropriate action, in
order that declared vacant property, awarded at the Federal Treasury.
You will have to made the complaint as a third party.
Article 788 .- The
complainant will receive a quarter of the assessed value of property
reported; observing the provisions of the final part of Article 781.
Article 789 .- He
who seizes a vacant without complying with either prevented in this
chapter, pay a fine of five to fifty dollars, subject to the penalties
to bring the respective Code.
THIRD TITLE
Possession
CHAPTER ONE
Article 790 .- He holds a thing which has on it a de facto power, except as provided in Article 793. Has a right which he enjoys.
Article 791 .- When
under a legal owner something over to another, granting the right to
retain their power temporarily as a tenant, lessee, pledgee, trustee, or
other similar title, the two are the possessors of the thing. Which has
as an original owner has possession, the other derived from a
possession.
Article 792 .- In
case of plunder, original in possession has the right to request that
he be restored to the possession derivative, and if he can not or will
not recover it, the original holder may be asked to give possession to
himself .
Article 793 .- Where
it is proved that a person is in possession of a thing by virtue of the
dependency that is on the owner of that thing, and that it retains the
advantage of in compliance with the orders and instructions which he has
received , is not considered owner.
Article 794 .- They can only be of holding things and rights which are capable of appropriation.
Article 795 .- Possession
can be purchased by the same person who will enjoy it, by his legal
representative, his agent and a third party without any mandate, but in
this case need not be acquired possession until the person whose name
has been verified ratifying the act of possession.
Article 796 .- When
several persons have an undivided thing may each exercise acts of
possession on the common thing, provided it does not exclude acts of
others coposeedores possession.
Article 797 .- It
is understood that each of the holders of which have one thing in
common, has owned exclusively throughout the duration of the undivided,
the party by dividing it touches.
Article 798 .- The
possession that is given to the presumption of ownership for all legal
purposes. The one with under a personal right, or a real right other
than the property owner is not presumed, but whether it is bona fide
possessor has in its favor the presumption of having obtained possession
of the owner of the thing or right possessed.
Article 799 .- The
holder of a movable property lost or stolen can not recover a bona fide
third party who has acquired at auction or in a public market trader
who engages in the sale of the same species, without reimbursing the
owner the price has been paid for the thing. The recovering has the
right of recourse against the seller.
Article 800 .- The
currency and bearer securities can not be claimed from the purchaser in
good faith, but the owner has been deprived of them against their will.
Article 801 .- The current holder proves to have possessed in earlier time, has in its favor the presumption of having possessed in between.
Article 802 .- Possession of a building leads to the assumption of personal property are in it.
Article 803 .- A holder must be maintained or restored to the possession against those who have no better right to possess.
It's
best possession is based on title and in the case of property, which is
registered. In the absence of title or titles being equal, the oldest.
If they be doubtful possessions, will deposit the matter pending resolution of who owns the possession.
Article 804 .- For the owner is entitled to an injunction to regain possession, you need not one year has passed since the theft was verified.
Article 805 .- Is deemed as never disturbed or stripped, which was maintained or restored legally in possession.
Article 806 .- He
holds in good faith enters into possession under a title enough to
entitle you to own. He is also ignoring the vices of his own title that
prevent eligible.
Possessor
in bad faith is the coming to the possession without any title to
possess, the same as knowing its title vices that keep you from having
to right.
Is understood the cause generating the title of possession.
Article 807 .- Good faith is always presumed, by asserting the bad faith of the rightful owner to prove it.
Article 808 .- Possession
acquired in good faith does not lose that character, but in the case
and from the moment that there are acts which show that the holder is
aware that possesses the thing improperly.
Article 809 .- Holders
referred to in Article 791, shall be governed by the provisions
governing the legal acts under which they are keepers, in all matters
relating to fruit, payment of expenses, and liability for loss or
impairment of the thing possessed.
Article 810 .- The possessor in good faith who has acquired possession by transferring ownership title, have the following rights:
I. The endorsing of the fruits received, while his good faith is not interrupted;
II. The one that you pay all necessary expenses, like supplies, with the right to retain the thing possessed until payment is made;
III. The removal of voluntary improvements, if not cause damage to anything better, or repairing that cause the withdrawal;
IV. The
request payment of the expenses incurred by him for the production of
natural and industrial fruits not be endorsed by discontinued pending at
the time of possession, be entitled to legal interest on the amount of
those expenses from the day the made.
Article 811 .- The
possessor in good faith to the preceding article is not responsible for
the impairment or loss of the thing possessed, but has occurred for
one's own, but does respond to the utility that it has obtained from the
loss or damage.
Article 812 .- The
one with less than one year, transferring ownership and title in bad
faith, provided that the possession obtained by criminal means, is
obliged:
I. To restore the benefits received;
II. To
respond for the loss or deterioration of the thing occurring because of
him, or unforeseeable circumstances or force majeure, unless they prove
that they have caused would have been in if the thing possessed by the
owner. Not responsible for the unforeseeable natural or unavoidable loss
by the mere passage of time.
You are entitled to be reimbursed for necessary expenses.
Article 813 .- He
who possesses in respect of owner for more than a year, peaceful,
continuous, public, although their possession in bad faith, so that is
not criminal, is entitled:
I. A
two-thirds of the fruit produce industry to do the thing possessed, the
other third belonging to the owner if claimed before the thing may be
prescribed;
II. A
request payment of necessary expenses and withdraw the useful
improvements, if possible without detriment to separate the best thing.
He
has no right to natural and civil fruits to produce the thing that has
and is responsible for the loss or deterioration of the thing occurring
because of it.
Article 814 .- The
holder who acquired possession by a criminal act, is bound to restore
all the fruits it has produced the thing and that is no longer produced
by culpable omission. It also has the obligation under Section II of
Article 812.
Article 815 .- Voluntary
improvements are not payable to any holder, but the good faith may
remove such improvements as provided in Article 810, Section III.
Article 816 .- They
understand the beneficial natural or industrial since the rise and
separate. Civil fruits are produced day by day, and belong to the holder
in this proportion, then they are due but not received.
Article 817 .- These are necessary expenses that are prescribed by law, and those without which the thing is lost or deteriorates.
Article 818 .- Useful expenses are those which, although not necessary, increase the price of the thing or product.
Article 819 .- Costs are volunteers that serve only the ornament of the thing, or pleasure or comfort of the owner.
Article 820 .- The holder must justify the amount of expenditure to be eligible, if in doubt those will be appraised by experts.
Article 821 .- When the holder to be compensated for any expenses and has received some fruit he had no right, will lead to compensation.
Article 822 .- Improvements from nature or time, always give the benefit of that is due in possession.
Article 823 .- Peaceful possession is to be acquired without violence.
Article 824 .- Continuous possession is not interrupted by any of the means listed in Chapter V, Title VII of this Book.
Article 825 .- Public ownership is that you enjoy so it can be known to all. So is the one registered in the Land Registry.
Article 826 .- Only possession is acquired and enjoyed in the concept of owner of the thing possessed can produce the prescription.
Article 827 .- It
is presumed that possession is still enjoying the same concept was
acquired, unless it is proved that changed the cause of possession.
Article 828 .- Possession is lost:
I. By default;
II. For transfer for consideration or not;
III. The destruction or loss of something or get it out of commerce;
IV. By court;
V. For eviction, if the possession of the shed is longer than one year;
VI. On the claim of the owner;
VII. For expropriation for public utility.
Article 829 .- He loses possession of rights when it is impossible to exercise them or not exercised enough by the time so they are prescribed
TITLE FOUR
Property
CHAPTER I
General Provisions
Article 830 .- The owner of a thing can hold and dispose of it with the limitations and procedures established by law.
Article 831 .- The property can not be occupied against the will of its owner, but because of public interest and against compensation.
Article 832 .- Is
declared of public utility made by the Government acquisition of
suitable land, to sell for the constitution of family patrimony or to
build houses that rent rooms for poor families by paying a modest rent.
Article 833 .- The
Federal Government may expropriate the things that belong to
individuals and which is regarded as remarkable and characteristic
manifestations of our national culture, according to the relevant
special law.
Article 834 .- Those
currently owning the things mentioned in the previous article may not
dispose of or encumber, or alter (as they lose their characteristics)
without the permission of C. President of the Republic, granted through
the Ministry of Education and Fine Arts.
Article 835 .- The violation of the preceding article shall be punished as a crime in accordance with the provisions of the Code of matter.
Article 836 .- The
authority may, on payment of compensation, occupy private property,
damaging it and even destroy it, if it is necessary to prevent or remedy
a public calamity, to save an imminent risk of a population or to
execute works of obvious collective benefit.
Article 837 .- The
owner or tenant of a property are entitled to exercise appropriate
action to prevent the misuse of the neighbor's property, adversely
affecting the safety, peace or health of those who inhabit the land.
Article 838 .- No
owner of the property belonging to the minerals or substances referred
to in paragraph four of Article 27 of the Constitution of the United
Mexican States or the waters that the fifth paragraph of that article
states that are owned by the Nation.
Article 839 .- In
a property can not be made excavation or construction necessary to lose
the support floor of the adjoining property, unless you do the work to
consolidate essential to avoid any damage to this property.
Article 840 .- It
is not lawful exercise ownership rights so that its exercise does not
give any other result than to cause harm to a third party, useless to
the owner.
Article 841 .- Every owner has the right to delimit their property and make or require the marking of the same.
Article 842 .- Also
have the right and, if required, to close or fence off your property,
in whole or in part, as it deems appropriate or as provided by law or
regulations, subject to easements to report the property.
Article 843 .- No
one can build or plant near the forts, fortresses and public buildings,
but subject to the conditions in the special regulations area.
Article 844 .- Easements
established by public or community, to maintain speedy navigation of
rivers, construction or repair of roads, and other community works in
this class shall be fixed by special laws and regulations, in their
absence by the provisions of this Code.
Article 845 .- Nobody
can build next to a wall outside, or ownership, ditches, sewers,
aqueducts, furnaces, forges, chimneys, barns, or install corrosive
deposits, steam engines or factories for uses that could be dangerous or
harmful, without keep their distance prescribed by the regulations, or
without shelter building works required subject to the same regulations
that prevent or lack thereof, to be determined by expert opinion.
Article 846 .- No
one can plant trees near a property of another, but the distance of two
meters from the line, if planting trees is great, and a meter, if the
planting is done in shrubs or small trees.
Article 847 .- The
owner can demand that you strip the trees planted at a shorter distance
from their premises in the one mentioned in the preceding article, and
even when she is older if it is clear the damage that they cause the
trees.
Article 848 .- If
the branches of trees extending over lands, gardens or patios
neighbors, the owner shall be entitled to be cut as extending over the
property, and if they are the roots of trees which has been drawn on the
floor another, it may make cut for himself in his heritage, but with
notice to the neighbor.
Article 849 .- The
owner of a wall that is not ownership, adjoining property of others,
you can open windows or holes in it to receive light at a height such
that the bottom of the window gave the floor of the house to give birth
to three meters at least, and in any case with iron bars tucked into the
wall with wire netting, which meshes an inch at most.
Article 850 .- Notwithstanding
the provisions of the preceding article, the owner of the property or
property adjacent to the wall in which they would open the windows or
holes, you can build wall next to it, or if it acquires the ownership,
rely on the same wall, but one way or another, cover the holes or
windows.
Article 851 .- You
can not have windows to look out, or balconies or other similar
projections on the neighbor's property, extending beyond the boundary
separating the portions. Nor can they be side or oblique views of the
same property, if there is one meter.
Article 852 .- The distance of the previous article that speaks is measured from the line separating the properties.
Article 853 .- The
owner of a building is forced to build their roofs and roof so that
rainwater does not fall on the floor or adjacent building.
CHAPTER II
From Animal Ownership
Article 854 .- Unmarked
animals that are in the properties, which are presumed to be the owner
thereof until proven otherwise, unless the owner is not raising the race
to which animals belong.
Article 855 .- Unmarked
animals that are in privately owned lands that operate in common
several are presumed owner of the breeding of the same species and of
the same breed them in place, until proven otherwise. If they owned two
or more of the same species or race, while there is no proof that the
animals belong to any of them, shall be considered common property.
Article 856 .- The right to hunt and to appropriate the products of this public land is subject to the laws and regulations.
Article 857 .- In
privately owned land can not exercise the right referred to in the
previous article, either starting in the game, and continuing the
started on public land without permission from the owner. Farmers
employees and tenants have the right to hunt on farms where they work,
as it applies to their needs and their families.
Article 858 .- The right to hunt shall be governed by administrative regulations and the following bases:
Article 859 .- The hunter becomes the owner of the animal that hunts by the act of seizing him, observing the provisions of Article 861.
Article 860 .- It is considered captured the animal has been killed by the hunter in the act VENATORIA, and which is caught in nets.
Article 861 .- If the piece wound die in foreign lands, the owner thereof or his representative, shall deliver to the hunter or let in for her.
Article 862 .- An
owner who violates the preceding Article shall pay the value of the
piece, and the hunter will lose it if you enter without permission from
that search.
Article 863 .- By entering the hunting dogs in the land of another without the will of the hunter, only be obliged to repair the damage.
Article 864 .- Action to seek redress expires after thirty days from the date the damage was caused.
Article 865 .- It is permissible to destroy the tenants at any time or bigoted fierce animals that may impair their fields or plantations.
Article 866 .- Have
the same right with respect to poultry in areas in which any land
planted with cereals, nuts pending, which would prejudice those birds.
Article 867 .- Is absolutely forbidden to destroy farms outside the nests, eggs and baby birds of any species.
Article 868 .- Fishing
and pearl diving in the waters of public domain that are in common use,
are governed by the provisions of the laws and regulations.
Article 869 .- The
right to fish in private waters, belongs to the owners of the land on
which they occur, subject to the laws and regulations of the matter.
Article 870 .- It is unlawful for any person appropriating the brave animals, according to the regulations.
Article 871 .- It is unlawful for any person appropriating the swarms that have not been confined to hive, or when they have abandoned.
Article 872 .- It is understood that the bees have left the hive when they are perched on the owner's own property, or it pursues to the view.
Article 873 .- The
wild animals that escapeth the closure in that they have their own, may
be destroyed or captured by anyone. But owners can retrieve them if
compensated for damages which may have caused.
Article 874 .- The ownership of pets is governed by the provisions of Title vacant property.
CHAPTER III
From the Treasures
Article 875 .- For
the purposes of the articles that follow, the term treasure trove of
the deposit money, jewelry or other valuables whose legitimate origin is
ignored. Never considered a treasure as the result of a farm.
Article 876 .- The treasure trove belongs to the view that on-site property.
Article 877 .- If
space domain of public power or strength belongs to any particular
person other than the discoverer himself, it applies to one half of the
treasure and the other half to the site owner.
Article 878 .- When
the objects discovered were interesting for science or the arts, the
nation will apply for the full price, which will be distributed as
provided in Articles 876 and 877.
Article 879 .- To discover the treasure in foreign soil and enjoyment of the right declared that the discovery must be casual.
Article 880 .- From nobody can own authority in foreign land or building, making excavation, burrowing, or any work to find a treasure.
Article 881 .- The treasure discovered in the land of another, for works carried out without consent of its owner, belongs entirely to it.
Article 882 .- He
that doeth without consent of the owner in the land of another work to
discover a treasure, in any case be obliged to pay damages and also to
fund the replacement of things to their original state, will also lose
the right of tenancy if it has in the estate, even if not deceased the
lease term, if so requested by the owner.
Article 883 .- If
the treasure buscare with consent of the owner of the estate, shall
follow the provisions that would have been made for distribution, and if
any, costs will be distributed and discovered by half.
Article 884 .- When
one hath the property and another the usufruct of a property where the
treasure is found, if you found it was the same beneficial owner, the
fair share is determined by the rules that are set for the strange
discovery. If the discoverer is not the owner nor the usufructuary, the
treasure will be shared between the owner and the finder, excluding the
beneficial owner, observed in this case the provisions of Articles 881,
882 and 883.
Article 885 .- If
the owner finds the treasure on the farm or land usufruct which belongs
to someone else, it will not have any part in the treasure, but the
owner the right to demand compensation from the usufruct, in occupied or
demolished to find the treasure; compensation will be paid even if it
is the treasure.
CHAPTER IV
Accession law
Article 886 .- Ownership
of property is entitled to everything they produce, or are attached or
incorporated naturally or artificially. This right is called accession.
Article 887 .- By virtue of it belonging to the owner:
I. The natural fruits;
II. The industrial fruits;
III. Civil fruits.
Article 888 .- Natural fruits are the spontaneous productions of the earth, the offspring and other animal products.
Article 889 .- The offspring of animals belong to the owner of the mother and the father, unless prior agreement to the contrary.
Article 890 .- Industrial fruits are those produced by lands or estates of any kind through cultivation or labor.
Article 891 .- No natural or industrial fruits are said, but since they are manifest or born.
Article 892 .- For the animals are considered fruits that are just in the womb of the mother, although not born.
Article 893 .- Civil
fruits are the rents of the property, rents the property, the proceeds
of the capital and those who are not being produced for the same thing
directly, it comes in contract, last will or by law.
Article 894 .- You
notice the fruit has an obligation to pay the expenses incurred by a
third party for production, harvesting and conservation.
Article 895 .- All
that unites or joins a thing, built, planted and sown, and repaired or
upgraded in the field or farm property, belongs to the owner of the land
or estate, subject to what is stipulated in articles following:
Article 896 .- All
works, sowing and planting, as well as improvements and repairs
performed on a site are presumed made by the owner at his own expense,
until proven otherwise.
Article 897 .- He
who sows, plant or farm builds on itself, with seeds, plants or
material of others, takes ownership of those involved, but the
obligation to pay in all cases and to compensate damages if it acted in
bad faith.
Article 898 .- The
owner of the seeds, plants or materials, never have the right to
request to be returned or destroyed the plantation work, but if the
plants have taken root and can be removed, the owner of them has the
right to request that it be done.
Article 899 .- When seeds or materials are not yet applied to the object or confused with others, can be claimed by the owner.
Article 900 .- The
owner of the land that is built, sown or planted in good faith, shall
have the right to endorse the work, sowing or planting, after the
compensation prescribed in Article 897, or to compel who built or
planted to pay the price ground, and he planted, only your income. If
the landowner has acted in bad faith, is only entitled to be paid the
value of the rent or the price of land in their respective cases.
Article 901 .- He
who builds, plants or sows in bad faith in the land of another, loses
what is built, planted or sown without having the right to claim
compensation from the owner of the land, or retain the thing.
Article 902 .- The
owner of the land has been built in bad faith may demand the demolition
of the work, and the replacement of things to their original state at
the expense of the builder.
Article 903 .- When
bad faith, not only by which builds, but by the owner, it is understood
this and were compensated fix the rights of each other, as if resolved
to have acted in good faith.
Article 904 .- It
is understood that there is bad faith on the part of the builder,
planter or sower, when it's building, planting or seeding, or permits,
unclaimed material that makes them one in his field he knows is foreign,
not asking the owner prior to its written consent.
Article 905 .- It
is understood to have bad faith by the owner, provided that their view,
science and patience it is done building, sowing or planting.
Article 906 .- If
the materials, plants or seeds belong to a party who has not acted in
bad faith, the landowner is responsible for the alternative value of
those articles, provided that the following two circumstances concur:
I. Than materials used in bad faith, plants or seeds, it has assets with which to respond to its value;
II. Who built, planted or sown advantage to the owner.
Article 907 .- It will be held as provided in the preceding article if the owner uses the right granted by Article 902.
Article 908 .- The growth that receive inheritances confining flood with water streams belong to the owners of the banks in the flood deposit.
Article 909 .- The
owners of a field bordering the lakes or ponds, do not acquire the land
discovered by the natural decline of the water, or they lose the
extraordinary floods flooding.
Article 910 .- When
the force of the river begins a considerable and recognizable part of a
coastal area and leads to a lower, or the opposite bank, the owner of
the torn portion can reclaim their property, do so within two years from
the occurrence, after this term property forfeited, unless the owner of
the field who joined the torn portion, has not yet taken possession of
it.
Article 911 .- Trees
uprooted and transported by the flow of water belongs to the landowner
where they will stop, if not claimed within two months the former
owners. If the claim they must pay the costs incurred in picking them up
and put it somewhere safe.
Article 912 .- Law on waters under federal jurisdiction will determine who owns the abandoned river channels that vary from current federal.
Article 913 .- They
are the domain of public power forming the islands in the seas adjacent
to the national territory, as well as to form in rivers belonging to
the Federation.
Article 914 .- The
channels left by streams that are not of the Federation, are the owners
of the land where the waters run. If the current was several
neighboring properties, the left channel belongs to the owners of both
banks in proportion to the length of the front of each possession, along
the stream, pulling a line through the middle of the riverbed.
Article 915 .- When
the stream is divided into two arms or branches, leaving an inheritance
isolated or part of it, the owner does not lose his possessions except
in the part occupied by the waters, except as provided thereon Water Act
Jurisdiction Federal.
Article 916 .- When
two movable things belonging to two different owners come together so
that they come to form one, without involving bad faith, the principal
owner of the accessory purchases, paying its value.
Article 917 .- It is said the main two things incorporated, the greater value.
Article 918 .- If
it can not get the qualification under the rule stated in the preceding
article shall be deemed the object whose primary use or ornament
perfection has been achieved by the binding of another.
Article 919 .- In
painting, sculpture and embroidery in the writings, prints, engravings,
lithographs, photogravures, oleographs, chromolithographs, and the
other obtained by similar procedures to those above, it is estimated the
table accessory, metal, stone, canvas, paper or parchment.
Article 920 .- When things together may be separated without detriment and survive independently, the respective owners may require separation.
Article 921 .- When
things together can not be separated without accessory which is said to
suffer deterioration, the principal owner is also entitled to ask for
the separation, but will be obligated to indemnify the owner of the
consultant, provided that he has acted in good faith.
Article 922 .- When
the owner of the accessory thing is what has made the addition, the
lost if he has acted in bad faith and is also liable to compensate the
owner for the damages which have been followed because of the
incorporation.
Article 923 .- If
the owner of the main thing is who has acted in bad faith, it is the
accessory that has the right to pay you its value and compensate him for
damages, or that the thing belonging to separate , although this has to
destroy the main one.
Article 924 .- If
the incorporation is done by either the owners or to view other's
knowledge and consent, and without this object, the respective rights
will be arranged in accordance with the provisions of Articles 916, 917,
918 and 919.
Article 925 .- Whenever
the owner of the material used without his consent, be entitled to
compensation, may require that it consists in providing anything like it
in kind, and value in all circumstances the employee, or in the price
of it set by experts.
Article 926 .- If
you mix two things the same or different species, by the will of their
owners or by chance, and in this case things are not separable without
prejudice, each owner will acquire the right proportion to your share,
considering the value of things mixed up or confused.
Article 927 .- If
the will of one, but in good faith, mixed or confusing two things the
same or different species, the rights of owners shall be regulated by
the provisions of the preceding article, unless the owner of the thing
without mixed consent, choice compensation for damages.
Article 928 .- The
bad faith that makes the mixture or confusion, lost or confused mixed
thing whatever you own, and is also liable for compensation for damage
caused to the owner of the thing or things that made the mix.
Article 929 .- The
good faith that foreign material used in whole or in part, to form a
new kind of thing, will own the work, provided that the artistic merit
of it, exceeds the material price, the value shall indemnify the owner.
Article 930 .- When
the artistic merit of the work is lower in price than the subject, the
owner is appropriate the new species, and will also be entitled to claim
compensation for damages, the amount of discounting the value of these
works to valuation experts.
Article 931 .- If
the specification was made in bad faith, the owner of the subject
employee is entitled to keep the work without paying for anything that
did, or require it to pay you the value of the matter and compensate him
for the damages that I have followed.
Article 932 .- The bad faith where mixing or confusion qualify as provided in Articles 904 and 905.
CHAPTER V
Domain of water
Article 933 .- The
owner of the land on which there is a natural source or has drilled a
well sprouting made headworks of groundwater or reservoir or dam built
to catch rainwater, has the right to dispose of these waters, but if
they move from one farm to another, its use is considered of public
utility and subject to special provisions on the subject are issued.
The
domain owner of a property on the waters in this article shall not
prejudice the rights that have been legitimately purchased your
exploitation of the land below.
Article 934 .- If
any well drilled or makes headworks groundwater on their property,
although this decrease in open water outside farm is not obliged to pay
compensation, but must take into account the provisions of Article 840.
Article 935 .- The owner of the water can not divert your course so that harm to another person.
Article 936 .- The use and benefit of the public waters is governed by the respective special laws.
Article 937 .- The
owner of a property with very costly that only work can provide the
water needs to conveniently use the property, has the right to require
the owners of neighboring properties with excess water, which will
provide the necessary, by paying a compensation determined by experts.
CHAPTER VI
Co-ownership
Article 938 .- There are ownership when a thing or a right pro-undivided belong to several people.
Article 939 .- Those
who for any reason have the legal ownership of a thing, can not be
forced to keep it undivided, but in cases where the very nature of
things or by determination of the law, the domain is indivisible.
Article 940 .- If
the domain is not divisible, or the thing does not support a convenient
division and participants do not agree to be awarded to any of them,
will proceed to their sale and distribution of its price among
stakeholders.
Article 941 .- In the absence of contract or special provision governing the ownership of the following provisions.
Article 942 .- The contest participants in both the benefits and burdens will be in proportion to their respective portions.
Equal shall be presumed, until proven guilty, the portions corresponding to the participants in the community.
Article 943 .- Each
participant may use the common elements, provided you have them
according to their destination so as not to prejudice the interest of
the community, nor prevent the co-owners use it as their right.
Article 944 .- All
co-owner has the right to force the participants to contribute to the
maintenance cost of the thing or common law. It can be exempted from the
obligation to give up the part that belongs in the domain.
Article 945 .- None
of the co-owners may, without the consent of others, make alterations
to the common thing, although they could be benefits for all.
Article 946 .- To administer the common thing, all agreements will be required of most stakeholders.
Article 947 .- To be most needed most owners and most interests.
Article 948 .- If there is no majority, the judge hearing the stakeholders decide what should be done within proposed by them.
Article 949 .- As
part of the thing we belonged exclusively to one or some of them
co-owner, and other courts, this applies only to the previous provision.
Article 950 .- All
co-owner has full ownership of the aliquots for him and of its fruits
and profits, may therefore alienate, assign or mortgage, and even
substitute another in its use, except in the case of personal right. But
the effect of the transfer or mortgage regarding the co-owners, shall
be limited to the portion awarded to the division upon leaving the
community. The co-owners have the same right.
Article 951 .- When
different departments, homes or local property, built in vertical,
horizontal or mixed, capable of independent use to have its own exit to a
common element of one or the street, belonging to different owners,
each of they have a singular and exclusive right of ownership over her
apartment, home, house or premises, and also a right of ownership over
the elements and common parts of the property necessary for their proper
use or enjoyment.
Each
owner may sell, mortgage or encumber in any other way his department,
housing, house or premises without consent of other owners. In the
alienation, encumbrance or attachment of an apartment, house, home or
local means invariably including the rights to the commons that are
attached.
The
right of ownership on common elements of the property will be
inalienable, non-taxable or arrested, together with the department,
housing, local home or proprietary, for which Annex is considered
inseparable. The ownership of the common elements of property is not
susceptible of division.
The
rights and obligations of the owners referred to this provision shall
be governed by the writings that would have established ownership, by
trading for by the Condominium Regulations concerned, the Act
Condominium Property Regime of Real Estate for the Federal District and
Territories, by the provisions of this Code and other laws are
applicable.
Article 952 .- When
you record showing who built the wall dividing the properties, which
paid for her own unique, if it appears that it was made by adjoining or
missing by whom manufactured, is common property.
Article 953 .- Joint ownership is presumed unless there is an outward sign that shows the opposite:
I. In dividing walls of adjoining buildings to the common point of elevation;
II. In dividing walls of the gardens or yards, located in town or country;
III. The
fences, hedges and hedges that divide the rural land. If construction
does not have the same height, only a presumption of ownership to the
height of the building lower.
Article 954 .- There are opposite to the ownership:
I. When windows or open holes in the dividing wall of buildings;
II. When
knowingly entire wall, hedge, fence or hedge is built on the grounds of
a farm and not by half between each of the two contiguous
III. When the supporting wall loads and runs, passes and armor of one of the possessions and not contiguous;
IV. When
the dividing wall between courtyards, gardens and other lands, is
constructed so that the batter falls into one of the properties;
V. When
the dividing wall built of masonry, called stepping stones shows that
at certain distances away from the surface leaving only one side of the
wall and not the other;
VI. When the wall dividing a building regardless of which part, and a garden, field, yard or building site without;
VII. When an estate is occluded or defended by hedges, fences or hedges and are not contiguous;
VIII. When
the fence that completely encloses an inheritance, is of a different
species from which the neighbor has on its sides adjacent to the first.
Article 955 .- It
is generally assumed that in the cases mentioned in the previous
article, the ownership of walls, fences, hedges or hedges, belong
exclusively to the owner of the property or inheritance, which is
favored by these outward signs.
Article 956 .- Trenches or ditches between the estates, joint ownership is also presumed if no title or sign that shows otherwise.
Article 957 .- There
are opposite to the joint ownership of land or brush when removed from
the ditch or canal to open or clean, is only one side in this case, it
is assumed that ownership of the ditch or canal is only the owner of the
field he has going for this sign outside.
Article 958 .- The presumption that the preceding article ceases when the slope of the land forces to take the land of one side.
Article 959 .- The
owners of the farms are obliged to ensure that no deterioration of the
wall, hedge, ditch or common property, and if because of any dependent
or animals, or any other cause under them, serious deterioration, must
replace them, paying the damages caused.
Article 960 .- The
repair and reconstruction of the walls of common ownership and
maintenance of fences, hedges, ditches, canals, also common shall be
covered proportionally by all owners who have ownership in their favor.
Article 961 .- The
owner who wants to get rid of their obligations under the preceding
Article may do so by renouncing ownership, except in cases where the
common wall buildings hold their own.
Article 962 .- The
owner of a building that is supported by a common wall, can at him
down, resign or not to co-ownership. In the first case will be of all
costs necessary to prevent or repair damage caused by the demolition.
The second addition to this obligation is subject to him under Articles
959 and 960.
Article 963 .- The
owner of a farm adjacent to a dividing wall that is not common, can
only give this character in whole or in part, under contract with the
owner of it.
Article 964 .- Any
owner can raise the common property wall, making it at their expense,
and to compensate for the damages occasioned by that work, albeit
temporary.
Article 965 .- Your
account will be equally all conservation works on the wall that it has
increased its height or thickness, and common in the necessary, provided
that the deterioration comes from the greater height or thickness that
is given to the wall.
Article 966 .- If
the common property wall can not resist lifting, lifting owner who
wants to have the obligation to rebuild at its own expense and if
necessary add dimension, you must give your floor.
Article 967 .- In
the cases mentioned in Articles 964 and 965, the wall remains common
property to the height at which it was once, even if it was built again
at the expense of one, and from the point where he started as high, is
owned by who built it.
Article 968 .- The
other owners who have not contributed to raising the elevation or
thickness of the wall may, however, acquire the newly elevated ownership
rights, paying proportionally the value of the work and half the value
of the land on which been given greater thickness.
Article 969 .- Every
owner of a common wall, you can use it in proportion to the rights you
have in the community may, therefore, build, support his work in
introducing the common wall or beam to half its thickness, but without
preventing the common and for the other joint owners. In case of
resistance of the other owners, will be arranged by experts the
necessary conditions for the new work does not prejudice the rights of
those.
Article 970 .- The
trees in close co-ownership or to point boundary, are also co-owned and
can not be cut or replaced with others without the consent of both
owners, or by judicial decision pronounced in adversary proceedings in
case of disagreement between the owners.
Article 971 .- The fruits of the tree or shrub common, and the cost of cultivation will be divided equally among co-owners.
Article 972 .- No co-owner may, without consent of the other open window or any opening in the common wall.
Article 973 .- The
owners of an undivided thing outsiders can not alienate their share
respectively, if the participant wants to use the same right. To this
end, co-owner shall notify the other, by a notary or judicial sale that
hath agreed, so that within eight days of exercising the right of both.
After eight days, the only time the term is forfeited. Until the
notification, the sale will not produce any legal effect.
Article 974 .- If
multiple owners of an undivided thing makes use of the right will
therefore be preferred to represent mostly being equal, the designee of
luck, unless otherwise agreed.
Article 975 .- Disposals
made by heirs or legatees of the inheritance they are concerned, shall
be governed by the provisions of the articles on.
Article 976 .- Co-ownership
ceases: the division of the commonplace, the destruction or loss of it,
for its sale and consolidation or collection of all fees in one
co-owner.
Article 977 .- Splitting
a common thing does not harm third, which retains proprietary rights
which belong to the partition before taking, observing, where
appropriate, provisions for mortgage on properties that can be divided
and prevented the acquirer of good faith that fits his title at the
Public Registry.
Article 978 .- The division of property is void if not done with the same formalities required by law for sale.
Article 979 .- Apply to the division between participants the rules concerning the division of inheritances.
TITLE FIVE
Usufruct, use and Room
CHAPTER I
Usufruct General
Article 980 .- The real enjoyment is the right time and enjoy the goods.
Article 981 .- The usufruct can be established by law, by the will of man or by prescription.
Article 982 .- You can become the usufruct in favor of one or several people, simultaneously or successively.
Article 983 .- If
it is for several people simultaneously, whether by inheritance, by
contract, ceasing the right of a people, will the owner, except that the
usufruct is constituted any direct further ordered that the other
beneficial owners.
Article 984 .- If it is on, the enjoyment is taken only for those existing at the right time to start the first usufructuary.
Article 985 .- The usufruct can be formed from or until a certain day, purely and condition.
Article 986 .- Lifetime usufruct is if the master deed does not express otherwise.
Article 987 .- The rights and obligations of the usufructuary and the owner are arranged, in any case, the title deed of usufruct.
Article 988 .- Corporations may not purchase, possess or administer real property, they can not be made on real enjoyment of this class.
CHAPTER II
Of the right of the usufructuary
Article 989 .- The
usufructuary is entitled to exercise all the claims and defenses real,
personal and possessory, and to be considered as a party to any
litigation, but is followed by the owner, provided it is interested in
the usufruct.
Article 990 .- The usufructuary is entitled to collect all the fruits, whether natural, industrial or civil proceedings.
Article 991 .- Natural
or industrial fruits pending at the time to begin the lease, belong to
the usufructuary. The pending at the time of termination of the
usufruct, belonging to the owner. Neither this nor the usufructuary must
make any payment on account of labor, seeds or other similar expenses.
The provisions of this Article is without prejudice to the tenants or
tenants who are entitled to receive any portion of fruit at the time of
start or termination of the usufruct.
Article 992 .- Civil fruits belong to the usufructuary in proportion to the duration of the lease, even if not charged.
Article 993 .- If
the usufruct understand things that deteriorate with use, the
usufructuary is entitled to use them, using them according to their
destination, and is not obliged to return them upon completion of the
lease, but in the state where they are located, but is obliged
compensate the owner of the deterioration that has sustained intent or
negligence.
Article 994 .- If
the usufruct includes things which can not be used without being
consumed, the usufructuary shall have the right to use, but is obliged
to return them at the end of the usufruct, in the same kind, quantity
and quality. Is not possible to make restitution is bound to pay its
value if it had been estimated, or current price at the time of
cessation of enjoyment, if they were not estimated.
Article 995 .- If
the usufruct is constituted on capital tax revenues, the usufructuary
only endorses these and not those, but for capital to be redeemed early,
in order to make a novation of the original obligation in order to
replace the person of the debtor, if is not real rights guaranteed tax
and for capital redemption imposed again, you need the consent of the
usufructuary.
Article 996 .- The usufructuary of a mountain enjoying all the products coming from it, as appropriate.
Article 997 .- If
the mountain was carved or timber, the usufructuary may make it logging
or ordinary courts would the owner, settling into the mode, or time to
share special laws or customs.
Article 998 .- In
other cases, the usufructuary can not cut down trees by the foot,
perhaps they like to replace or repair some of the things usufruct, and
in this case the owner first demonstrate the need for work.
Article 999 .- The
usufructuary may use the nursery, without prejudice to its conservation
and according to local customs and the provisions of relevant laws.
Section 1000 .- Corresponds
to the usufructuary the result of the increases they receive things for
accession and enjoyment of the easements have in their favor.
Section 1001 .- No
products are the beneficial owner of the mines are operated in the land
given in usufruct, unless expressly granted in the title constituting
the usufruct or that it is universal, but the beneficial owner must be
compensated for damages was originated by the disruption of the usufruct
as a result of works at the practice for working the mines.
Section 1002 .- The
usufructuary may enjoy himself usufruct of the thing. You can sell,
lease and encumber its right of usufruct, but all contracts entered into
and will end with the usufruct usufructuary.
Section 1003 .- The
usufructuary may make improvements and useful purely voluntary, but is
not entitled to receive payments, although you can remove, wherever
possible without detriment to the thing in which consists of the
usufruct.
Article 1004 .- The owner of property in which another has the usufruct, may dispose of, on condition of retaining the usufruct.
Section 1005 .- The
usufructuary has the same right. Applicable provisions of Article 973,
in regard to the form for giving notice of sale and the time to use the
same right.
CHAPTER III
Obligations of the usufructuary
Article 1006 .- The usufructuary, before entering on the enjoyment of property, is obliged:
I. A
train their own expense, citing the owner, an inventory of all of them,
making furniture and assess the state record in which they are the
property;
II. To
give the corresponding bond to enjoy things in moderation, and
reimburse the owner with their appurtenances, on termination of the
usufruct, not progress or damaged by negligence, except as provided in
Article 434.
Article 1007 .- The
donor who reserves the usufruct of the property donated, are exempt
from the deposit referred to, if not expressly required to do so.
Article 1008 .- The property is reserved, the usufructuary may waive the obligation to strengthen.
Article 1009 .- If
the usufruct was constituted by contract, and you'll stay engaged in
ownership and not in the contract exigiere bail shall not be obliged to
give it the beneficial owner, but if there remain proprietary third
party may ask but do not provide the contract.
Article 1010 .- If
the usufruct is constituted by onerous title, and the beneficial owner
does not pay for bail, the owner has the right to intervene in the
management of assets to achieve its conservation, subject to the
conditions prescribed in Article 1047 and receive the remuneration it is
granted.
When
the usufruct is free of charge and does not grant bail usufructuary,
the usufruct is extinguished under the terms of Article 1038, paragraph
IX.
Article 1011 .- The
usufructuary, given bail, is entitled to all the fruits of the thing,
since the day that, under the title constituting the usufruct, must
begin to perceive them.
Article 1012 .- In
the cases mentioned in Article 1002, the beneficial owner is
responsible for property damage which are the fault or negligence of the
person that will replace it.
Article 1013 .- If the usufruct is constituted on cattle, the usufructuary is obliged to replace the pups, the heads are missing for any reason.
Article 1014 .- If
the cattle in which the usufruct was lost through no fault of the
usufructuary, the effect of an epidemic or some other unusual event, the
usufructuary delivered to the owner complies with the spoils that have
been saved from this calamity.
Article 1015 .- If the herd perishes in part, through no fault of the usufructuary, the usufruct continues on the remains.
Article 1016 .- The usufructuary of fruit trees is required to replant the dead feet naturally.
Article 1017 .- If
the usufruct has become gratuitous, the usufructuary is bound to make
necessary repairs to keep the thing in the state it was in when
received.
Article 1018 .- The
beneficial owner is not obligated to make such repairs if the need for
these comes from old age, inherent vice or serious deterioration of the
thing, before the establishment of usufruct.
Article 1019 .- If
the beneficial owner wants to make the repairs mentioned, you must
obtain prior consent of the owner, and in any case is entitled to demand
compensation of any kind.
Article 1020 .- The owner, in the case of Article 1.018, is not required to make repairs, and if it has no right to claim compensation.
Article 1021 .- If
the usufruct is constituted valuable consideration, the owner is
obligated to make all repairs to appropriate the thing during the time
stipulated in the agreement, can produce fruits that it would ordinarily
be obtained at the time of delivery.
Article 1022 .- If
the beneficial owner wants to do in this case the repairs, the landlord
must give notice, and subject to this requirement shall be entitled to
collect the amount at the end of the usufruct.
Section 1023 .- The
omission of the notice to the owner, the usufructuary responsible for
the destruction, loss or impairment of the thing due to lack of repairs,
and denied the right to seek compensation if he does it.
Article 1024 .- Any loss of the fruits that come from taxation, or common charges on the property or thing usufruct, the usufructuary's account.
Article 1025 .- The
decline in check their own causes, not the fruit, but in the same
building or thing usufruct, the owner's will, and if that, to keep the
whole thing, make the payment, is entitled to be pay the interest on the
sum paid, as long as you continue to enjoy the beneficial owner of the
thing.
Section 1026 .- If
the beneficial owner makes payment of the amount not entitled to charge
interest, being compensated with the fruits that they receive.
Section 1027 .- The sequence that acquires universal usufruct, is obliged to pay in full the legacy of annuity or maintenance.
Section 1028 .- He who acquires title by the same part of the universal enjoyment, pay the legacy or the pension in proportion to their share.
Section 1029 .- The particular beneficial owner of a mortgaged property is not obliged to pay the debts for which the mortgage was security.
Section 1030 .- If
the property is arrested or sold judicially for the payment of the
debt, the owner responds to the beneficial than they lose because of
this, if not otherwise provided, constituting the usufruct.
Section 1031 .- If
the enjoyment is all the assets of an estate, or part of them, the
usufructuary may advance sums to pay debts inherited usufruct apply to
goods and shall be entitled to require the owner being returned without
interests on termination of the usufruct.
Section 1032 .- If
the beneficial owner refuses to make the anticipation of speaking the
preceding article, the owner may make you sell the property which is
sufficient to pay the amount he was to meet, according to the rule
stated in that article.
Section 1033 .- If the owner shall do the advance on their own, the usufructuary pays interest money, according to the rule in Article 1025.
Section 1034 .- If
the owner's rights are disturbed by a third party, either the form or
by any reason, the usufructuary is bound to make it known that, and if
not, is liable for damages arising, as if they were caused by his fault.
Section 1035 .- Legal
costs of lawsuits and convictions held on the lease, are borne by the
owner if the usufruct is constituted by onerous title, and the
beneficial owner, if it is constituted by gratuitous title.
Section 1036 .- If
the lawsuit interested while the owner and tenant, will contribute to
the expenses in proportion to their respective rights, if the usufruct
is constituted gratuitously, but in no case the usufructuary is obliged
to account for more than it produces usufruct.
Section 1037 .- If
the beneficial owner, without citation of the owner, or the latter
without the former, has followed suit, the favorable advantage by not
cited, and no adverse hurts.
CHAPTER IV
Modes of termination of the usufruct
Section 1038 .- The usufruct is extinguished:
I. Death of the usufructuary;
II. By the deadline by which formed;
III. Fulfilled the condition imposed by the master deed for the cessation of this right;
IV. For
the meeting of the usufruct and ownership in one person, but if the
meeting takes place in one thing or profited from it, in other respects
shall remain the usufruct;
V. Prescription, as warned on real rights;
VI. By renouncing the beneficial owner, except as provided for waivers made in fraud of creditors;
VII. By
the total loss of the thing that was the subject of usufruct. If the
destruction is not total, the right continues on what is left of the
thing;
VIII. The cessation of the right of which was the usufruct, having a domain revocable, happens to revocation;
IX. Not to give security for the beneficial owner free of charge if the owner has exempted it.
Section 1039 .- The
death of the usufructuary does not extinguish the lease, when it has
been in favor of several persons successively, as in this case comes to
the enjoyment of it, the person concerned.
Section 1040 .- The
usufruct constituted in favor of legal persons to acquire and manage
real estate, only last twenty years before ceasing in the event that
such persons cease to exist.
Section 1041 .- The
usufruct granted by the time it takes a third to reach a certain age,
duration of the predetermined number of years, although the third die
before.
Section 1042 .- If
the usufruct is constituted on a building, and it ruined in a fire,
obsolescence, or other accident, the usufructuary is not entitled to
enjoy the sun or the materials, but if constituted on a farm, fifth or
hut only the ruined building part, the usufruct usufructuary may
continue the solar and materials.
Section 1043 .- If
the thing usufruct were expropriated by the public interest, the owner
is obliged either to replace it with another of equal value and similar
conditions, or paid to the usufructuary the legal interest on the amount
of compensation for all the time which was to last the usufruct. If the
owner opts for the latter should secure the payment of the interest.
Section 1044 .- If
the building is reconstructed by the owner or the beneficial owner is
subject to the provisions of Articles 1019, 1020, 1021 and 1022.
Section 1045 .- The
temporary disability due to accident or force majeure, he extinguishes
the lease, or entitled to claim compensation from the owner.
Section 1046 .- The time of the impairment is deemed to be raced for the usufructuary, who will be the fruits that he can produce for the thing.
Section 1047 .- The
usufruct is not extinguished by misuse to make a usufructuary usufruct
of the thing, but if the abuse is severe, the owner can ask to be put in
possession of the assets, liabilities, under bond, to pay annually to
the usufructuary the proceeds of the same by the duration of the lease,
minus the award administration that the judge agreed.
Section 1048 .- After
the usufruct contracts concluded by it with respect to the beneficial
owner, do not require the owner, and it shall come into possession of
the thing, not against him are entitled to contract with the tenant,
asking for compensation for the dissolution of their contracts, or by
the provisions thereof, that can only be enforced against the beneficial
owner and his heirs, except as provided in Article 991.
CHAPTER V
Use Room and
Section 1049 .- Use
entitled to receive the fruits of another's property, which suffice the
needs of the user and his family, although this increase.
Section 1050 .- The
room looks, who has this right, the power to take charge, in a strange
house, the parts needed for themselves and the people in your family.
Section 1051 .- The
user who has the right room in a building, can not alienate, encumber
or lease all or any part of his right to another, and these rights can
be seized by creditors.
Section 1052 .- The
rights and obligations of the user and having the enjoyment of the room
will be arranged by the respective titles, and in his absence, the
following provisions:
Section 1053 .- The provisions for the enjoyment apply to the use rights and housing, as it does not oppose the orders in this chapter.
Section 1054 .- Who
has a right to use cattle, can take advantage of the young, milk and
wool as sufficient for their consumption and their families.
Section 1055 .- If
the user consume all the fruits of the property, or which room has the
right to occupy all parts of the house, are obliged to all the expenses
of cultivation, repair and payment of contributions, as well as the
beneficial owner, but if the first consumes only part of the fruits, or
second only occupies part of the house, should not contribute anything,
provided that the owner will remain a part of harvesting fruits or
enough to cover costs and charges.
Section 1056 .- If
the fruits are the owner can not cover costs and charges, the remainder
will be covered by the user, or who has the right to the room.
TITLE SIX
Of Easements
CHAPTER I
General Provisions
Section 1057 .- The easement is a tax lien on real property in favor of another belonging to another owner.
The property consists in whose favor the easement is called the dominant tenement, the sufferer, the servient estate.
Section 1058 .- The
easement is to do or tolerate. For the owner of the servient estate may
be required in the execution of an event, it needs to be expressly
determined by law or in the act of incorporation servitude.
Section 1059 .- Servitudes are either continuous or discontinuous, apparent or not apparent.
Section 1060 .- They continued those whose use is or may be incessant, without the intervention of any act of man.
Section 1061 .- Are discontinuous, those whose use requires some actual fact of man.
Section 1062 .- Are apparent that are advertised for construction or exterior signs, ready for use and exploitation.
Section 1063 .- Are not those without apparent outward sign of their existence.
Section 1064 .- Easements are inseparable from the property to actively or passively belong.
Section 1065 .- If
the property owner's move, the easement continues as active and
passive, on the premises or object that was made, until legally
extinguished.
Section 1066 .- Easements
are indivisible. If the servient estate is divided among many owners,
the easement is not modified, and each one has to tolerate in your
share. If the dominant estate which is divided among many, each
porcionero be used entirely on slavery, not changing the place of use,
or aggravate any other way. But if the easement has been established, in
favor of one party to the dominant tenement, only the owner thereof may
continue to enjoy.
Section 1067 .- Easements bring its origin in the will of man or the law, the former called the latter voluntary and legal.
CHAPTER II
Of Legal Easements
Section 1068 .- Legal
servitude is established by law, taking into account the situation of
the premises and in view of the public utility and private together.
Section 1069 .- They are applicable to legal servitudes as provided in the articles of the 1.127 1.119 inclusive.
Section 1070 .- Everything
about the easements established for public or municipal utility shall
be governed by special laws and regulations and, failing that, by the
provisions of this Title.
CHAPTER III
From Legal Drain Easement
Section 1071 .- The
properties below are subject to receiving the water naturally or as a
result of agricultural and industrial improvements are made, fall from
the top and the rock or soil that drag on its course.
Section 1072 .- When
the lower properties of the receiving waters as a result of higher
agricultural or industrial improvements made to them, the owners of the
servient estate is entitled to be compensated.
Section 1073 .- When
urban or a rural property is nestled among other things, obliged the
owners of surrounding properties to allow the central drain. The size
and direction of the drain pipe, if not agree stakeholders shall be
fixed by the judge, following a report by experts and interested
audience, observing, as far as possible, the rules given for the
easement.
Section 1074 .- The
owner of a property where there are defensive works to contain the
water, or that the variation of the resource it is necessary to build
new, he is obliged, at its option, or make repairs or construction, or
tolerate without detriment make them the owners of the land who
experience or are imminently set to experience the damage, unless the
special police laws impose the obligation to do the work.
Section 1075 .- The
article is true in the case where a property is necessary to rid the
accumulation of materials or impede the course drop of water damage or
danger of a third party.
Section 1076 .- All
owners who participate in the profits arising from the works of the
previous articles are required to contribute to the cost of enforcement
in proportion to their interest and opinion of experts. Those who HAVE
their fault caused the damage, will be responsible for expenses.
Section 1077 .- If
the waters that pass the servient estate have become unsafe for
domestic or industrial use from them is done, must become harmless at
the expense of the owner of the dominant tenement.
CHAPTER IV
From Bondage Legal Aqueduct
Section 1078 .- Whoever
wants to use water that may have, has the right to make it go through
the intermediate farms, with the obligation to compensate their owners,
as well as the lower land on which to filter or falling water.
Section 1079 .- Excluded from the servitude which the preceding article, the buildings, courtyards, gardens and other facilities.
Section 1080 .- The
exercising the right to pass the waters covered by Article 1078, is
required to build the necessary channel in the intermediate properties,
although there are channels in them for the use of other waters.
Section 1081 .- The
property you have in your channel for water courses belonging to it,
can prevent the opening of a new offering to step one, provided it does
not injure the owner of the dominant tenement.
Section 1082 .- It
should also grant the passage of water through the canals and aqueducts
in the most convenient, provided that the course of the waters that are
conducted by them and their volume are not altered, nor the mixing of
the two aqueducts .
Section 1083 .- In
the case of article 1078, if necessary to pass the aqueduct by a road,
river or stream public indispensable duty and prior permission from the
authority under whose inspection are the road, river or stream.
Section 1084 .- The
authority will only grant permission in complete subjection to the
respective regulations, and forcing the owner of the water to make it
happen without the aqueduct prevent, shake, or degrading way, or
pregnant or hinder the course of the river or stream.
Section 1085 .- Which
without such permission, pass or pour water on the road, be obliged to
replace things in their old state and to compensate the damage being
caused to anyone, without prejudice to the penalties imposed by the
regulations.
Section 1086 .- Anyone who intends to use the right embodied in article 1078, must first:
I. Justify that water may have intended to drive;
II. Prove that the step requested is most suitable for the intended use to which the water;
III. Prove that this step is less costly for the premises where water must pass;
IV. Pay the value of the land to occupy the channel, as estimated by experts and a ten percent;
V. Compensate
the immediate damage, including that resulting from dividing into two
or more parts of the servient estate, and any other deterioration.
Section 1087 .- In
the case referred to in Article 1081, which seeks the passage of water,
you must pay in proportion to the amount of these, the value of the
land occupied by the channel are introduced and expenses necessary for
preservation subject of compensation due for the land necessary to
reoccupy, and other expenses incurred in the step is given.
Section 1088 .- The
amount of water that can pose as an alien land set aqueduct will have
no limitation other than that resulting from the ability of the agreed
size is fixed at the same aqueduct.
Section 1089 .- If
you enjoy the aqueduct will I need to extend, shall afford the
necessary work and pay back the ground he occupies and the damage they
cause, as provided in subsections IV and V of article 1086.
Section 1090 .- Legal
servitude established by Article 1078, entails the right of transit for
people and animals, and driving the necessary materials to use and
repair of the aqueduct and water care that he leads; observing the
provisions in the articles of 1099 to 1104, inclusive.
Section 1091 .- The
provisions concerning the passage of water, apply to the case where the
holder of a slippery slope to drain or want to output through channels
to the backwaters.
Section 1092 .- Anyone
who takes advantage of an aqueduct, and passes its own grounds, and by
others, must build and maintain bridges, canals, underground aqueducts
and other works necessary to not prejudice the rights of another.
Section 1093 .- If
there are several that will take advantage of, the obligation applies
to all in proportion to its use, if any prescription or otherwise
agreed.
Section 1094 .- The provisions of the previous two articles includes clean construction and repairs to the water course is not interrupted.
Section 1095 .- The
easement of aqueduct does not prevent the owner of the servient estate
can close it and encircle it, and build on the same pipeline so that it
does not experience prejudice, impossible or necessary repairs and
clean.
Section 1096 .- As
for the best use of water is entitled to have, necessary to build a dam
and you have to do not own the land on which support is needed, may
request the establishment of the servitude of a spur of prey prior
compensation.
CHAPTER V
Of the legal easement
Section 1097 .- The
owner of a farm or estate nestled between other end outside the public
highway, is entitled to demand passage for the use of those for the
neighboring estates, without their owners can reclaim anything other
than compensation to the damage causing them this charge.
Section 1098 .- Claims for such compensation is prescriptive, but even if prescribed, does not cease because of this step obtained.
Section 1099 .- The owner of the servient estate is entitled to mark the place where you build the easement.
Section 1100 .- If
the judge calls the designated place of impractical or very costly to
the dominant tenement, the owner of the servant should point out
another.
Article 1101 .- If
this place is rated the same manner as the first, the judge noted that
sees fit, trying to reconcile the interests of the two properties.
Article 1102 .- If
there are several farms where you can be the way to the street, the
forced servitude will be the one where the distance was shorter, if not
be very cumbersome and costly step that place. If the distance is equal,
the judge shall designate which of the two premises must give way.
Article 1103 .- In the easement, the width of it is that which suffices the needs of the dominant estate, according to the judge.
Article 1104 .- In
the event that occurred before any communication between the estate or
inheritance and some streets, step may require only an inheritance or
estate where it was lately.
Section 1105 .- The
owner of a rural property is entitled, through appropriate
compensation, to require that the crossing of their cattle by the
neighboring properties, to lead them to a trough that may be available.
Section 1106 .- The
owner of trees or shrubs adjacent to the property of another, is
entitled to demand of it that allows you to collect the fruits that can
not be collected on your side, provided they are not used or not used
the right granted Articles 847 and 848, but the owner of the tree or
shrub is responsible for any damage caused during harvesting.
Article 1107 .- If
it is necessary to build or repair a building materials property pass
outside or place on the scaffolding or other objects to the work, the
owner of this property will be required to consent receive compensation
for the damage he caused.
Article 1108 .- When
individuals to establish telephone communications between two or more
farms, or to conduct electricity to a farm is necessary to place poles
and wires lay in the grounds of a farm person, the owner is required to
allow it through compensation. This easement brings the right of transit
of people and driving the necessary materials for construction and
monitoring of the line.
CHAPTER VI
Of voluntary servitude
Article 1109 .- The
owner of an estate or inheritance can set how many easements have it
fit, and in the manner and form that you see fit, if not contrary to the
laws or prejudice the rights of third parties.
Article 1110 .- Easements
can only be people who have the right to alienate, those who can not
alienate property but with certain formalities or conditions, can not,
they impose easements on them.
Section 1111 .- If there are several owners of a property, easements may not be imposed but by consent of all.
Article 1112 .- If
still several owners, one of them acquires an easement on another
property in favor of the common, it can take advantage of all owners,
being obliged to bring natural duties and covenants that it has
acquired.
CHAPTER VII
How to acquire the voluntary servitude
Article 1113 .- Continuous and apparent easements are acquired by any legal title, and prescription.
Article 1114 .- The continuous non-apparent servitudes, and the broken, whether or not apparent, can not be purchased by prescription.
Article 1115 .- By seeking to qualify for an easement, touch test, although she is in possession of the title under which it enjoys.
Section 1116 .- The
existence of an apparent sign of bondage between two estates,
established or maintained by the owner of both is considered, if it
alienates as title to the easement to continue, unless, while dividing
the ownership of the two farms, otherwise stated in the title of
disposition of any of them.
Article 1117 .- By
becoming an easement is granted understand all the means necessary for
its use, and extinguished it, cease these rights also accessories.
CHAPTER VIII
Rights and Obligations of owners of the properties among which consists of a voluntary servitude
Section 1118 .- The
use and extent of the easements established by the will of the owner,
shall be bound by the terms of the title having its source, and in his
absence, by the following provisions.
Article 1119 .- Corresponds to the dominant estate owner at his expense make all necessary works for the use and conservation easement.
Article 1120 .- The
same is bound to make at its expense any necessary works to the owner
of the servient tenement is not caused, by the easement, plus the
subsequent charges that it and if its neglect or omission will cause
other damage, obliged to compensation.
Article 1121 .- If
the owner of the servient tenement is any obligation on the title deed
of the servitude to do something or pay for any work, get rid of it is
abandoning its obligation to the owner of the dominant estate.
Article 1122 .- The owner of the servient estate may not impair in any way easement established on it.
Article 1123 .- The
owner of the servient tenement, if the place originally designated for
the use of the easement might present serious difficulties, may offer
one that is comfortable with the dominant estate owner, who can not
refuse it, if not impaired.
Article 1124 .- The
servient owner may execute the works that make it less burdensome
servitude, if they is not any damage to the dominant tenement.
Article 1125 .- If
the conservation of these works followeth any damage to the dominant
tenement, the owner of the servant is obliged to restore things to their
former estate and to compensate the damages.
Article 1126 .- If
the owner of the dominant tenement is opposed to works covered by
Article 1124, the judge will decide on the report of experts.
Article 1127 .- Any
questions on the use and extent of the easement, will be decided in the
least burdensome way for farm servant, not impossible or difficult to
use the easement.
CHAPTER IX
From Termination of Easements
Article 1128 .- The voluntary easements are extinguished:
I. For
one person to meet in title to both properties: dominant and servant,
and not revived by a new separation, except as provided in Article 1116,
but if the act of meeting was resolvable by their nature, and reaches
for the resolution, reborn easements as they were before the meeting;
II. For the non-use;
When
the servants were continuous and apparent for non-use of three years
from the day he ceased to exist on apparent sign of servitude;
When
he shall be broken or not apparent for non-use of five years from the
day he ceased to be used for having carried out the owner of the
servient act contrary to the servitude, or that have banned using it. If
there was no act contrary or ban but has not been used for the
easement, or if there were such acts, but continues to use, not at the
time of the prescription;
III. When
you come near the premises through no fault of the owner of the
servient tenement to such a state that can not be used for the easement.
If the premises hereinafter are reset so that it can be used in
bondage, revive it, unless from the day he could be reused enough time
has elapsed for the prescription;
IV. For free or for consideration referral made by the owner of the dominant tenement;
V. When organized under a revocable, is the deadline, the condition or circumstance that occurs must put an end to it.
Section 1129 .- If
the premises from which it is constituted a legal easement, power
passed from one owner, the easement ceases to exist, but separate
properties again, revive it, even without any apparent sign has been
preserved.
Article 1130 .- Legal
servitudes established as a public utility or community are lost
non-use of five years it is proved that during this time has been
acquired, enjoyed by those, other servants of the same nature, different
place.
Article 1131 .- The owner of a property subject to a legal easement may, by agreement, get rid of it, with the following restrictions:
I. If
the easement is established for a municipality or settlement, the
agreement shall not take effect in regard to the whole community, if not
already held the municipality acted on behalf of it, but it does
produce action against each of the individuals who have waived in
servitude;
II. If the easement is for public use, the agreement is void in any case;
III. If
the easement is passing through or drainage, means the agreement
concluded with the condition to the approval of the owners of
surrounding properties, or at least the owner of the property where the
easement is formed again;
IV. The resignation of the legal drain easement is only valid if not opposed to regulations.
Article 1132 .- If the dominant estate owned by several owners undivided, your use of them uses the other to prevent the prescription.
Article 1133 .- If any one among the owners against whom special laws prescribing can not run, it will not run against each other.
Article 1134 .- How to use the easement may be prescribed at the time and the way that slavery itself.
TITLE SEVEN
Of Prescription
CHAPTER I
General Provisions
Article 1135 .- Prescription is a means of getting rid of assets or liabilities by over a certain time and under conditions set by law.
Article 1136 .- The
acquisition of property under the possession, is called positive
prescription, the release of obligations, not enforceable, it is called
negative prescription.
Article 1137 .- They can only be prescribed assets and liabilities that are in commerce, except as otherwise provided by law.
Section 1138 .- Positive
prescription can be purchased for all who are able to acquire by any
other title, minors and other incapacitated may do so through their
legitimate representatives.
Article 1139 .- For
the purposes of Articles 826 and 827 are said legally changed the cause
of possession, when the owner did not possess as an owner begins to
possess this character, in which case the prescription does not run but
from the day has been changed because of the possession.
Section 1140 .- Negative prescription takes all, even those who by themselves can not be bound.
Section 1141 .- People with capacity to alienate may waive the requirement won, but not the right to prescribe for the future.
Section 1142 .- Renunciation of prescription is either express or implied, the latter being that it is a fact of the matter drop of entitlement.
Section 1143 .- Creditors
and all those with a legitimate interest in the prescription lasts, can
rely on it even though the debtor or the owner has waived the rights
acquired in that virtue.
Section 1144 .- If
several people have something in common, none of them can not prescribe
against their owners or coposeedores; but may prescribe against a
stranger, and in this case takes the prescription to all stakeholders.
Section 1145 .- The
prescription exception to acquire a joint debtor, not take advantage of
others but when the time required have been due to run the same way for
all of them.
Section 1146 .- In
the case provided for in the preceding article, the creditor may
require the debtor not be prescribed, the value of the obligation, net
of the portion corresponding to the debtor prescribed.
Section 1147 .- Prescription acquired by the principal debtor, always takes his sureties.
Section 1148 .- The Union
or the Federal District, municipalities and other public legal person
shall be treated as individuals for the prescription of their property,
rights and remedies that are capable of private ownership.
Section 1149 .- Whoever
can complete the term prescribed for prescription needed while
gathering has owned, which owned the person who gave you the thing, as
long as both possessions with legal requirements.
Section 1150 .- The
provisions of this Title, relating to time and other requirements for
the prescription, will be observed only in cases where the law expressly
provides otherwise prevent.
CHAPTER II
Of positive prescriptions
Section 1151 .- The possession necessary for prescribing should be:
I. In the opinion of the owner;
II. Pacific;
III. Continuous;
IV. Public.
Section 1152 .- Real estate is prescribed:
I. In five years, when they are held in concept of owner, in good faith, peaceful, continuous and publicly;
II. In five years, when the properties were subject to entry of possession;
III. In ten years when they have bad faith if the possession is in the form of ownership, peaceful, continuous and public;
IV. Be
increased by one third the time indicated in sections I and III, if
proved, by a person having legal interest in it, the owner of rural
property has not grown during most of the time it has owned, or that
have not done the owner of urban property repairs, it has remained
uninhabited for most of the time that has been held by the former.
Section 1153 .- The
property is prescribed three years when they are held in good faith,
peacefully and continuously. Lacking good faith, shall be prescribed in
five years.
Section 1154 .- When
possession is gained by violence, although this termination and
continue in a peaceful possession, the period for prescription is ten
years for buildings and five for the furniture, starting from the
cessation of violence.
Section 1155 .- Possession
acquired through a crime will be considered for prescription, from the
date on which it has been prescribed penalty or termination of the
prosecution, considering the possession and bad faith.
Section 1156 .- Who
has owned the property for the time and the conditions required by this
Code to acquire by prescription, can promote the trial to appear as the
owner of such property at the Public Registry, to declare that the
prescription has accomplished and which has become thus the property.
Section 1157 .- Declare
the final sentence from the action of prescription shall be recorded in
the Public Registry and will serve as title to the possessor.
CHAPTER III
In the negative prescription
Section 1158 .- Negative prescription is verified by the mere passage of time fixed by law.
Section 1159 .- Outside
of the exceptions is required within ten years as from an obligation
could be required, in order to extinguish the right to demand
compliance.
Section 1160 .- The obligation to provide alimony is barred.
Section 1161 .- Prescribed in two years:
I. Fees,
wages, salaries, wages or other compensation for the provision of any
service. The prescription begins to run from the date stopped lending
services;
II. The action of any merchant to collect the price of items sold to persons other than dealers.
Prescription runs from the day they were delivered items if the sale was not made to run;
III. The
action of the owners of hotels and guest houses to collect the amount
of accommodation, and of these, and the distance runners to recover the
price of food minister.
Prescription runs from the day it should have been paid hosting, or from one in which ministered food;
IV. Liability
for injuries whether made orally or in writing, and that comes from the
damage caused by people or animals, and that the law imposes on those
representative or the owner of it.
The prescription begins to run from the day it was received or was known injury or from one in which caused the damage;
V. Liability from illegal acts that constitute offenses.
Prescription runs from the day I checked the events.
Section 1162 .- Pensions,
rents, leases and any other periodical payments not collected at
maturity will be required within five years following the expiration of
each one, whether done in the collection action under real or personal
action.
Section 1163 .- Obligations
with respect to pension, the time of prescription of capital begins to
run from the date of last payment, if no time is fixed for the return,
otherwise, from the deadline.
Section 1164 .- Expire
in five years the obligation to account. In the same term prescribe
liquid liabilities arising from accountability. In the first case the
limitation begins to run from the day that the forced administration
ends, the second case, from the day the settlement is approved by the
parties concerned or by a court to cause enforcement.
CHAPTER IV
Suspension of Prescription
Section 1165 .- The prescription can start and run against any person, except the following restrictions:
Section 1166 .- The
prescription can not start or run against the disabled, but when you
have discerned his tutelage under the laws. The handicapped have the
right to hold their guardians when because of these has not been
interrupted prescription.
Section 1167 .- Prescription can not start or run:
I. Between ascendants and descendants in custody in respect of the goods to the latter are entitled under the law;
II. Among the spouses;
III. Among the disabled and their guardians or curators, the duration of care;
IV. Among owners or coposeedores, for the common good.
V. Against the absent of the Federal District are in public service;
VI. Against the military on active duty in time of war, both inside and outside the Federal District.
CHAPTER V
From Interruption of Prescription
Section 1168 .- Prescription is interrupted:
I. If the possessor is deprived of the possession of the thing or the enjoyment of the right for more than a year;
II. On demand or any other kind of judicial summons served on the owner or the debtor where appropriate;
Be considered as non-prescription interrupted by any judicial, if the petitioner withdraws it, or was dismissed demands;
III. Because
the person on whose behalf the prescription runs express recognition,
in speech or writing, or tacitly by undeniable facts, the right of the
person against whom prescribed.
Shall
begin the new term of prescription, in case of recognition of the
obligations from the day is made, whether to renew the document from the
date of the new title and if extended the deadline for compliance with
the obligation since it had expired.
Section 1169 .- The causes that interrupt the prescription for one of the solidary debtors, the interrupt also for others.
Section 1170 .- If
the creditor consenting to the division of the debt to one of the joint
debtors, only exigiere from him his share, no prescription shall be
interrupted for others.
Section 1171 .- Nothing in the preceding two articles apply to the heirs of the debtor.
Section 1172 .- The interruption of prescription against the principal debtor produces the same effect against the guarantor.
Section 1173 .- For the prescription of an obligation for all interrupted the solidary debtors, requires recognition of all or subpoena.
Section 1174 .- The interruption of prescription for any of the joint creditors, takes all.
Section 1175 .- The effect of the break is useless, for the prescription, every time she raced before.
CHAPTER VI
The Way of Telling the Time for Prescription
Section 1176 .- The time for prescription is counted in years and not moment to moment, except in cases where the law so provides expressly.
Section 1177 .- Months shall be governed by the number of days allocated to them.
Section 1178 .- When the prescription is counted by days, they shall be natural-clock, counted twenty-four to twenty-four.
Section 1179 .- The day starts the statute of limitations has always whole, even if it is, but that the requirement that end, must be complete.
Section 1180 .- When the last day is a holiday, shall not complete the prescription, but completed the first follow, if useful.
PART EIGHT
Of Copyright
(Repealed)
CHAPTER I
Section 1181 .- (Repealed).
Section 1182 .- (Repealed).
Section 1183 .- (Repealed).
Section 1184 .- (Repealed).
Section 1185 .- (Repealed).
Section 1186 .- (Repealed).
Section 1187 .- (Repealed).
Section 1188 .- (Repealed).
Section 1189 .- (Repealed).
Section 1190 .- (Repealed).
Section 1191 .- (Repealed).
Section 1192 .- (Repealed).
Section 1193 .- (Repealed).
Section 1194 .- (Repealed).
Section 1195 .- (Repealed).
Section 1196 .- (Repealed).
Article 1197 .- (Repealed).
Article 1198 .- (Repealed).
Section 1199 .- (Repealed).
Section 1200 .- (Repealed).
Section 1201 .- (Repealed).
Section 1202 .- (Repealed).
Article 1203 .- (Repealed).
Article 1204 .- (Repealed).
Article 1205 .- (Repealed).
Article 1206 .- (Repealed).
Section 1207 .- (Repealed).
Article 1208 .- (Repealed).
Article 1209 .- (Repealed).
Article 1210 .- (Repealed).
Article 1211 .- (Repealed).
Article 1212 .- (Repealed).
Article 1213 .- (Repealed).
Article 1214 .- (Repealed).
Section 1215 .- (Repealed).
Section 1216 .- (Repealed).
Section 1217 .- (Repealed).
Section 1218 .- (Repealed).
Section 1219 .- (Repealed).
Section 1220 .- (Repealed).
Section 1221 .- (Repealed).
Section 1222 .- (Repealed).
Section 1223 .- (Repealed).
Section 1224 .- (Repealed).
Section 1225 .- (Repealed).
Section 1226 .- (Repealed).
Section 1227 .- (Repealed).
Section 1228 .- (Repealed).
Section 1229 .- (Repealed).
Section 1230 .- (Repealed).
Section 1231 .- (Repealed).
Section 1232 .- (Repealed).
Section 1233 .- (Repealed).
Section 1234 .- (Repealed).
Section 1235 .- (Repealed).
Section 1236 .- (Repealed).
Section 1237 .- (Repealed).
Section 1238 .- (Repealed).
Section 1239 .- (Repealed).
Section 1240 .- (Repealed).
Section 1241 .- (Repealed).
Section 1242 .- (Repealed).
Section 1243 .- (Repealed).
Section 1244 .- (Repealed).
Section 1245 .- (Repealed).
Section 1246 .- (Repealed).
Section 1247 .- (Repealed).
Section 1248 .- (Repealed).
Section 1249 .- (Repealed).
Section 1250 .- (Repealed).
Section 1251 .- (Repealed).
Section 1252 .- (Repealed).
Article 1253 .- (Repealed).
Section 1254 .- (Repealed).
Section 1255 .- (Repealed).
Section 1256 .- (Repealed).
Section 1257 .- (Repealed).
Section 1258 .- (Repealed).
Section 1259 .- (Repealed).
Section 1260 .- (Repealed).
Section 1261 .- (Repealed).
Section 1262 .- (Repealed).
Section 1263 .- (Repealed).
Section 1264 .- (Repealed).
Section 1265 .- (Repealed).
Section 1266 .- (Repealed).
Section 1267 .- (Repealed).
Section 1268 .- (Repealed).
Section 1269 .- (Repealed).
Section 1270 .- (Repealed).
Section 1271 .- (Repealed).
Section 1272 .- (Repealed).
Section 1273 .- (Repealed).
Section 1274 .- (Repealed).
Section 1275 .- (Repealed).
Section 1276 .- (Repealed).
Section 1277 .- (Repealed).
Section 1278 .- (Repealed).
Section 1279 .- (Repealed).
Section 1280 .- (Repealed).
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