Federal Civil Code: Capital Goods Provisions | Althox
The Federal Civil Code of the United States of Mexico serves as the foundational legal framework governing civil relations within the country. Its comprehensive structure addresses a myriad of aspects, from family law to contracts and, crucially, the intricate world of property rights. Understanding its provisions is essential for anyone dealing with assets, whether tangible or intangible, within Mexican jurisdiction.
This article delves into the Second Book, specifically focusing on "Capital Goods" and its "Preliminary Provisions" and subsequent chapters on classification, ownership, and possession. These sections lay the groundwork for how property is defined, categorized, and legally managed, impacting individuals, businesses, and the state alike.
Exploring the historical legal foundations of Mexico's Civil Code, emphasizing the intricate details of property classification.
Table of Contents
- Preliminary Provisions: The Scope of Appropriation
- Classification of Goods: Real Estate vs. Movable Property
- Chapter I: Of Real Estate (Immovable Property)
- Chapter II: Of Movable Property (Personal Property)
- Chapter III: Of Goods Considered as the People They Belong
- Chapter IV: Of Vacant Property
- Chapter V: Capital Goods Vacancies
- Third Title: Possession
- Conclusion
Preliminary Provisions: The Scope of Appropriation
The initial articles of the Second Book establish the fundamental principles governing what can be considered "appropriable" within the legal system. This concept is crucial as it defines the boundaries of private ownership and the extent to which resources and objects can be subjected to individual or collective control.
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.
These articles articulate a core principle: anything not explicitly excluded from commerce can be appropriated. The exclusion can arise either from the inherent nature of the thing itself (e.g., air, sunlight, open seas) or by specific legal mandate (e.g., public domain goods, certain national resources). This distinction is vital for understanding the limits of private property and the role of the state in regulating access to certain assets.
- Excluded by Nature: These are things that, due to their intrinsic characteristics, cannot be exclusively possessed by an individual. Think of common resources essential for life.
- Excluded by Operation of Law: These are items or resources that the law explicitly designates as non-appropriable, often for public interest, national security, or environmental protection.
Classification of Goods: Real Estate vs. Movable Property
The Civil Code meticulously classifies goods into distinct categories, primarily distinguishing between real estate (immovable property) and movable property (personal property). This classification is not merely academic; it has profound legal implications concerning transfer of ownership, taxation, inheritance, and the types of legal actions that can be taken regarding them.
Understanding the abstract concepts of property classification, a cornerstone of civil law.
The distinction between these two broad categories often hinges on whether an item can be moved without altering its nature or causing damage. However, the law also introduces nuances, classifying certain items as real estate by "destination" even if they are physically movable, due to their permanent attachment or intended use with an immovable property.
Chapter I: Of Real Estate (Immovable Property)
Article 750 provides an exhaustive list of what constitutes real estate. This list is fundamental for legal practitioners and property owners, as it clarifies the scope of immovable property beyond just land and buildings.
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.
This extensive list highlights that real estate encompasses not only the physical land and structures but also items intimately connected to them, either by nature, incorporation, or destination. For instance, while a machine is typically movable, if it's permanently installed for the operation of an industry on a property, it becomes real estate by destination. This legal fiction ensures that the economic unit of the property is preserved.
Article 751 introduces the concept of "re-movable" property, where items initially considered real estate due to their attachment or purpose can revert to movable status once separated. This often occurs during demolition or when an item is removed with the intent of permanent detachment, provided no third-party rights are affected.
Chapter II: Of Movable Property (Personal Property)
In contrast to real estate, movable property generally refers to items that can be moved from one place to another without altering their substance or damaging the immovable property they might be associated with. This category is broad and covers a vast array of assets.
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.
Movable property is classified either "by nature" (e.g., a car, a book, animals that move themselves) or "by operation of law." The latter category is particularly interesting as it includes intangible assets like obligations, rights, shares in companies, and even copyrights. This demonstrates the law's adaptability to encompass modern forms of wealth and ownership.
Article 761 offers a detailed explanation of what constitutes "movable property of a house," providing clarity for inheritance and contractual agreements. It lists common household items, emphasizing their purpose for family use. Furthermore, Article 763 introduces the distinction between fungible (consumable/replaceable) and non-fungible (unique/irreplaceable) goods, a classification critical in contracts and damages.
Understanding the legal implications of vacant property and its classification within the civil code.
Chapter III: Of Goods Considered as the People They Belong
This chapter categorizes goods based on their ownership, distinguishing between public domain goods and private property. This distinction is fundamental to public law and the administration of national resources.
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.
Public domain goods are those belonging to the Federation, States, or municipalities. They are further subdivided into common use goods (e.g., streets, parks) and goods designated for public service (e.g., government buildings, infrastructure). A key characteristic of public domain goods is their inalienability and imprescriptibility, meaning they cannot be sold or acquired through adverse possession, ensuring their continuous availability for public benefit.
Private property, on the other hand, comprises all things legally belonging to individuals or private entities, where acquisition requires the owner's consent or legal authorization. Article 773 specifically addresses the acquisition of real property by foreigners and legal persons, mandating compliance with Article 27 of the Mexican Constitution, which imposes restrictions on foreign ownership in certain zones.
Chapter IV: Of Vacant Property
Vacant property refers to movable goods whose owner is unknown. The Code establishes a clear procedure for handling such findings, aiming to protect the rightful owner while also providing a mechanism for the state to manage unclaimed assets.
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.
The process for handling vacant property is designed to be transparent and fair. A finder must report the item to the authorities, who then appraise and publicize the finding. If no owner claims the item within a specified period, it is auctioned, with a portion of the proceeds going to the finder and the remainder to a charitable institution. This system balances the rights of the original owner, the finder, and the public interest.
Chapter V: Capital Goods Vacancies
This chapter specifically addresses immovable property that is vacant, meaning it has no known owner. Unlike movable vacant property, the process for immovable vacant goods involves a formal complaint and legal declaration, ultimately benefiting the Federal Treasury.
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.
The process for vacant immovable property is more formal, involving the public prosecutor and a judicial declaration. This ensures that such properties are properly integrated into the public domain or managed for public benefit, preventing unauthorized occupation. A discoverer who reports such property is rewarded with a portion of its value, incentivizing compliance with the law.
Third Title: Possession
Possession, distinct from ownership, refers to the factual power or control one has over a thing or right. This title elaborates on the nature of possession, how it is acquired, its effects, and the distinctions between good faith and bad faith possession.
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 ...
The concept of possession is complex, differentiating between "original" possession (held by the owner) and "derived" possession (held by someone like a tenant or pledgee). This distinction is vital for understanding legal rights and obligations, especially in cases of dispossession or disputes. The law also establishes presumptions of ownership based on possession, though these can be rebutted with stronger evidence.
A crucial aspect is the distinction between good faith and bad faith possessors. A good faith possessor believes they have a valid title to possess, even if it later proves defective. They enjoy certain protections and rights, such as retaining fruits received and being reimbursed for necessary expenses. Conversely, a bad faith possessor knows their title is flawed or nonexistent and has fewer legal protections.
The Code outlines specific rules for recovering lost or stolen movable property, particularly when acquired by a third party in good faith. It also details the rights of a good faith possessor, including the right to retain the property until necessary expenses are paid and to remove voluntary improvements. These provisions aim to balance the interests of the original owner, the possessor, and the stability of commercial transactions.
Conclusion
The Second Book of the Federal Civil Code of the United States of Mexico, particularly its preliminary provisions and chapters on the classification and possession of goods, forms the bedrock of property law in the country. It provides a detailed and nuanced framework for understanding what constitutes property, how it is categorized, who can own it, and the legal implications of possession.
From the distinction between real estate and movable property to the intricate rules governing vacant assets and the rights of possessors, these articles ensure clarity and order in property relations. For anyone navigating the legal landscape of Mexico, a thorough comprehension of these fundamental concepts is indispensable, safeguarding rights and facilitating equitable transactions.
Fuente: Contenido híbrido asistido por IAs y supervisión editorial humana.
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