Federal Civil Code of the United States of Mexico - Book Four - The Swap - From: Third Title to Title Sixteenth
MEXICO'S CIVIL CODE
THIRD TITLE
The Swap
Section 2327 .- The
swap is a contract whereby each of the parties agrees to give one thing
for another. Be observed if the provisions of Article 2250.
Section 2328 .- If
one party has received the thing that is given in exchange, and proves
that it was not of one who gave it can not be compelled to surrender he
offered instead, and fulfilled with the return you received.
Section 2329 .- The
permutante suffered eviction the thing received in exchange may claim
that he gave, or is still held by the other permutante, or requiring its
value or the value of the thing which he was given in return, with payment of damages.
Section 2330 .- The
above article does not prejudice the rights acquired for consideration a
third party in good faith on the matter claiming that suffered
eviction.
Section 2331 .- Except
with regard to price, are applicable to this contract the rules of the
sale, they are not in conflict with previous articles.
TITLE FOUR
From Donations
CHAPTER I
From General Donations
Section 2332 .- Donation is a contract whereby a person transfers to another, free of charge, part or all of their present.
Section 2333 .- The donation can not comprehend future property.
Section 2334 .- The donation can be pure, conditional, onerous or remunerative.
Section 2335 .- Pure is the gift that is given in absolute and conditional that depends on some uncertain event.
Section 2336 .- It
is onerous donation is done by imposing some taxes and remunerative
which is in consideration of services received by the donor and that it
has no obligation to pay.
Section 2337 .- When the gift is expensive, just consider who has donated excess in the price of the thing, the charges deducted from it.
Section 2338 .- Donations can only take place between the living and can not be revoked except in cases stated by law.
Section 2339 .- Donations
that are made for after the death of the donor shall be governed by the
provisions of the Third Book, and those made between spouses, as
provided in Chapter VIII, Title V, Book One.
Section 2340 .- The perfect gift is from the donee accepts and announces the acceptance to the donor.
Section 2341 .- The donation may be made orally or in writing.
Section 2342 .- It can be verbal rather than the donation of personal property.
Section 2343 .- The donation verbal legal effect only when the value of the furniture, not exceeding two hundred pesos.
Section 2344 .- If the value of the furniture exceeds two hundred dollars, but not five thousand, the donation must be in writing.
If you exceed five thousand pesos, the donation will be reduced to deed.
Section 2345 .- The donation of real estate will be in the same way as for sale required by law.
Section 2346 .- Acceptance of donations made in the same way they should be, but is not effective if not made in donor's life.
Section 2347 .- It
is no donation that includes the entire estate of the donor, if it does
not reserve or beneficially owned by the necessities of life according
to your circumstances.
Section 2348 .- Donations will be inofficious as impair the obligation of the donor of food to those who minister to those who must by law.
Section 2349 .- If
that donates all of its assets generally reserves some for testing, no
other statement, the term reserved half of the donated goods.
Section 2350 .- A
donation made to several people together, not produced for them the
right of accretion, if not the donor has expressly established a.
Section 2351 .- The donor is only responsible for the eviction of the thing given if expressly obliged to provide it.
Section 2352 .- Notwithstanding the preceding article, the donee is subrogated to all rights of the donor if the eviction takes place.
Section 2353 .- If
the donation is done with the burden of paying the debts of the donor,
including the only means which exist real date at the time of donation.
Section 2354 .- If
the donation regardless of certain specific property, the donee shall
not be liable for the debts of the donor, but where the property donated
it was made any mortgage or pledge, or in case of fraud to the
detriment of creditors.
Section 2355 .- If
the donation regardless of all property, the donee shall be liable for
all debts incurred before the donor, but only up to the amount
concurrent with donated goods, provided that the debts are real time.
Section 2356 .- Unless otherwise provided by the donor, grants consisting of periodic benefits, are extinguished by the death of the donor.
CHAPTER II
Of those who can receive donations
Section 2357 .- The
unborn may acquire by gift, provided they have been conceived at the
time that it was feasible and in accordance with Article 337.
Section 2358 .- Donations
made by simulating another contract to persons who by law can not
receive, are void, whether made in a straightforward manner, and by
proxy.
CHAPTER III
Revocation and Reduction Grants
Section 2359 .- Donations
made by a person legally at the time did not grant them children, may
be revoked by the donor when they have come upon children who are born
with all the conditions of feasibility required by Article 337.
If
after five years since he made the donation and the donor has not had
children or had habiéndolos has not revoked the grant, it will become
irrevocable. The same happens if the donor dies within this period of
five years without having revoked the grant.
If within that period a posthumous child born of the donor, the donation shall be revoked in its entirety.
Section 2360 .- If
the first case of the preceding article, the father has not revoked the
grant, must be reduced when it is covered by the provisions of section
2348, unless the donee takes upon himself the obligation to minister and
ensure food properly.
Section 2361 .- The grant may not be revoked by supervenience of children:
I. When less than two hundred pesos;
II. Where antenuptial;
III. Where between spouses;
IV. When purely remunerative.
Section 2362 .- Supervenience
rescinded the grant of children will be returned to the donor donated
goods or their value if they have been sold before the birth of
children.
Section 2363 .- If
the grantee any mortgaged property donated shall remain the mortgage,
but the donor is entitled to demand that he redeem it. This shall take
place in the case of usufruct or servitude imposed by the grantee.
Section 2364 .- When goods can not be restituted in kind, the value will be required to have those at the time of donation.
Section 2365 .- The
donee endorses the fruits of donated goods until the day he is notified
of the revocation or until the day the child was born posthumously, in
his case.
Section 2366 .- The donor can not renounce in advance the right of revocation supervenience of children.
Section 2367 .- The
action of revocation supervenience of children solely for the donor and
the posthumous son, but the reduction by way of maintenance are
entitled to ask for all creditors to be fed.
Section 2368 .- The
grantee is responsible only for compliance with the burdens imposed
upon him the thing given, and is not personally liable with their
property. You can evade the charge of leaving the thing given, and if it
dies by accident, is free from any obligation.
Section 2369 .- In any case of termination or cancellation of the donation, will observe the provisions of Articles 2362 and 2363.
Section 2370 .- The donation may be revoked for ingratitude
I. If the grantee commits a crime against the person, honor or property or the donor's ancestors, descendants or spouse thereof;
II. If the donee refuses to help, according to the value of the donation, the donor has come to poverty.
Section 2371 .- It applies to the revocation of the donations made by ingratitude Articles 2361 to 2364.
Section 2372 .- The
revocation action on account of ingratitude can not be waived in
advance, and prescribes within one year, after he has knowledge of the
fact the donor.
Section 2373 .- This action can not be brought against the heirs of the donee, unless during his lifetime had been attempted.
Section 2374 .- Nor can this action brought by the heirs of the donor if he, may, I would not have tried.
Section 2375 .- Donations
will not be revoked or inofficious reduced when the donor died, the
donee takes upon himself the obligation to minister foods due and
guaranteed according to law.
Section 2376 .- The
reduction of the donations will start by the last date that will be
completely suppressed if the reduction not sufficient to complete food.
Section 2377 .- If
the amount of the donation can not become less ancient, was taken in
respect of the above, the terms of the preceding article, following the
same order up to the oldest.
Section 2378 .- Having several grants made in the same act or on the same date, including the reduction will be prorated.
Section 2379 .- If the gift is property, it shall take to reduce their value while being donated.
Section 2380 .- When the grant is in real estate as may be easily divisible, the deduction shall be in kind.
Section 2381 .- When
the property can not be divided and the amount of the reduction exceeds
half the value of the former, the grantee will receive the rest in
cash.
Section 2382 .- When the reduction does not exceed half the value of the property, the donee pays the rest.
Section 2383 .- Revoked or reduced inofficious a donation, the donee is only liable for the fruits from whatever defendant.
TITLE FIVE
The Mutual
CHAPTER I
Mutual of Simple
Section 2384 .- Mutual
is a contract whereby the lender agrees to transfer ownership of a sum
of money or other fungible things the borrower, who agrees to return as
much of the same kind and quality.
Section 2385 .- If the contract is not fixed term for repayment of loans, observe the following rules:
I. If
the borrower regardless of the farmer and the loan consists of cereals
and other agricultural products, the refund will be made in the next
crop of the same or similar fruits or products;
II. The same was observed for the borrowers which are not farmers, like fruits are to perceive in any other capacity;
III. In other cases, the obligation to repay is governed by Article 2080.
Section 2386 .- The delivery of the thing lent and paid restitution of what will be done in suitable place.
Section 2387 .- When there is no designated place, shall follow the following rules:
I. The thing provided is delivered in the current location;
II. Refunds
will be made if the loan is in effect at the place where they were
received. If money is in the debtor's home, observing the provisions in
Article 2085.
Section 2388 .- If
it is impossible to restore gender borrower will satisfy paying the
value given was the thing in time and place at which the loan was made,
according to experts, if there is no stipulation to the contrary.
Section 2389 .- Consisting
of the loan money, the debtor will pay an amount equal returning to
that received money under the law in effect at the time of making
payment, without the requirement is waived. If it is agreed that payment
must be made in foreign currency, the change in value that this
experience will be in harm or benefit the borrower.
Section 2390 .- The
lender is responsible for the damages suffered by the borrower for the
poor quality or hidden defects of the thing lent, if he knew of the
defects and did not give timely notice to the borrower.
Section 2391 .- In the case have agreed that restitution can be made when the debtor or have the means, observe the provisions of Article 2080.
Section 2392 .- There
will be declared invalid debts incurred by the child to provide
nutrients you need, when his legal representative is absent.
CHAPTER II
Of Mutual Interest Bearing
Section 2393 .- It is permitted to stipulate mutual interest, either through cash and in kind.
Section 2394 .- Interest is legal or conventional.
Section 2395 .- The
legal interest is nine percent. The conventional interest is to set the
contractors, and may be higher or lower than the legal interest, but
when the interest is so disproportionate to do reasonably believe has
been abused pecuniary trouble, inexperience or ignorance of the debtor,
at his request the judge, taking into account the special circumstances,
may reduce the interest equally to the statutory rate.
Section 2396 .- If
you have agreed a higher interest rate than the legal one, the debtor,
after six months since the contract was concluded, you can repay the
capital, whatever the deadline set for it by giving notice to the
creditor with two months in advance and paying the interest due.
Section 2397 .- The parties may not, under penalty of nullity, to agree in advance that the interest is capitalized and generate interest.
TITLE SIX
Lease
CHAPTER I
General Provisions
Section 2398 .- There
lease when the two Contracting Parties undertake reciprocally, one to
grant the use or enjoyment of a thing, and the other to pay for that use
or enjoyment of a certain price.
The lease can not exceed ten years for land used for room and twenty years of commercial farms or industry.
Section 2399 .- The rent or lease price may consist of a sum of money or anything else equivalent, provided it is certain and determined.
Section 2400 .- They
are susceptible to lease all goods that can be used without being
consumed, except those prohibited by law rights to lease and strictly
personal.
Section 2401 .- The
owner who is not the thing you can lease it if you have power to enter
into this contract, under authorization of the owner, and by operation
of law.
Section 2402 .- In
the first case the previous article, the constitution of the lease is
subject to the limits in the permit, and the second, which the law has
attached to the outside asset managers.
Section 2403 .- You can not rent the owner of an undivided thing without the consent of the other co-owners.
Section 2404 .- It
is forbidden to the judges, the judges and any other public employees,
take on lease, in person or by proxy, the goods to be leased businesses
involved.
Section 2405 .- Managers
are prohibited in both public and public officials and employees, take
on lease the property with the expressed characters manage.
Section 2406 .- The lease must be in writing. The absence of this formality is charged to the landlord.
Section 2407 .- (Repealed).
Section 2408 .- The lease is not terminated by the death of the lessor or the lessee, unless otherwise agreed otherwise.
Section 2409 .- If
during the term of the lease for any reason verifies the transfer of
ownership of the property leased, the lease shall continue under the
terms of the contract. Regarding the payment of rent, the tenant shall
be required to pay the new owner the rent stipulated in the contract,
the date to be notified or out of court before a notary or two witnesses
have been granted the appropriate title, though alleged to have paid
the first owner, unless the advancement of expressly stipulated rents
appear in the same lease.
Section 2410 .- If
the transfer of ownership is made by the public interest, the contract
is terminated, but the landlord and the tenant must be compensated by
the expropriating, as established by the pertinent law.
Section 2411 .- Leases
of national, municipal or public facilities, subject to the provisions
of administrative law, and not what we were, to the provisions of this
title.
CHAPTER II
Rights and Obligations of Landlord
Section 2412 .- The landlord is required even if no express agreement:
I. To
deliver to the lessee the leased real estate with all their belongings
and state agreed to serve for the use and if there was expressly agreed
to the one that by its very nature were intended, and in conditions that
provide the tenant and hygiene safety of the building;
II. To preserve the thing leased in the same state during the lease, in effect making all necessary repairs;
III. Not to impede or embarrass in any way the use of leased property, unless due to urgent and essential repairs;
IV. To ensure the peaceful use and enjoyment of the thing around the time of the contract;
V. To respond for the damages suffered by the tenant for defects or hidden defects of the thing, prior to the lease.
Section 2413 .- The delivery of the thing be done in the time agreed and if there is no agreement, then the landlord was required by the tenant.
Article 2414
The
landlord can not, during the lease, change the form of the thing
leased, or intervene in the legitimate use of it, except when designated
in Section III, Article 2412.
Section 2415 .- The
tenant is obliged to notify the landlord as soon as possible, the need
for repairs, under penalty of paying damages caused its omission.
Section 2416 .- If
the landlord fails to comply with the repairs necessary to the purpose
for which it is intended the thing is up to the tenant terminate the
lease or place the judge to narrow the landlord to comply with its
obligation by the rapid procedure to establish the Code of Civil
Procedure.
Section 2417 .- The judge, under the circumstances, decide on the payment of damages caused to the tenant for lack of opportunity for repairs.
Section 2418 .- The
provisions of section IV of Article 2412 does not include roads made of
third parties not claiming rights over the leased property to prevent
its use or enjoyment. The tenant in these cases, only action against the
perpetrators of the facts, even if they were insolvent shall have no
action against the landlord. Neither includes the abuse of power.
Section 2419 .- The
tenant is obliged to notify the owner in the shortest possible term,
any misuse or harmful another novelty or openly made preparations in the
thing leased, under penalty of paying damages caused by his omission.
The provisions of this Article shall not deprive the tenant the right to
defend, as having the thing leased.
Section 2420 .- If
the landlord be defeated in court on a part of the thing leased, the
lessee can claim a reduction in income or termination of the contract
and payment of damages suffered.
Section 2421 .- The
landlord is liable for faults or defects of the thing leased to prevent
the use of it, though he would not have known or had occurred in the
course of the lease, through no fault of the renter. This may ask for
loss of income or termination of the contract, unless it is proved that
he was informed before entering into the contract, the defectiveness of
the thing leased.
Section 2422 .- If
you finish the lease there is a balance in favor of the tenant, the
landlord must return immediately, unless you have a right to exercise
against the person, in this case, deposit the balance judicially
referred.
Section 2423 .- Corresponds to landlord pay the tenant improvements made by:
I. If the contract or subsequently, authorized him to make and forced to pay them;
II. If it is useful improvements and because the landlord terminate the contract;
III. When
the contract is indefinite, if the landlord allowed the tenant to make
improvements and before the expiry of the time required for the tenant
is compensated with the use of cost improvements made, gives the
landlord terminating the lease.
Section 2424 .- Improvements
referred to Sections II and III of the preceding Article shall be paid
by the lessor, although the contract stipulated that the improvements
would remain for the benefit of the thing leased.
CHAPTER III
Rights and Duties of Tenant
Section 2425 .- The lessee is obliged:
I. To meet the income in the manner and time agreed upon;
II. To respond for the damages that the leased suffer through his fault or neglect of their families, servants or subtenants;
III. To use the thing only for use in accordance with agreed or the nature and purpose of it.
Section 2426 .- The tenant is not obligated to pay rent but from the day you receive the thing leased, unless otherwise agreed.
Section 2427 .- The rent will be paid at the agreed place and, failing agreement, in the house, room or office tenant.
Section 2428 .- The 2422 article about the landlord apply to you regarding the tenant.
Section 2429 .- The tenant is obliged to pay the rent that becomes due until the day I deliver the thing leased.
Section 2430 .- If
the price of the lease ought to have been paid in fruit, and the tenant
does not deliver them in due time, is obliged to pay in cash the
highest price we had the fruit within the agreed time.
Section 2431 .- If
by accident or force majeure completely prevents the lessee to use the
thing leased, not causing the duration of the disability income, and if
it lasts more than two months, may seek rescission of the contract.
Section 2432 .- If
only partially prevents the use of the thing, the lessee may request
the partial reduction of income, according to experts, unless the
parties choose to rescind the contract if the impairment lasts the time
set in the previous article.
Section 2433 .- The provisions in the two preceding articles shall not be waived.
Section 2434 .- If
the loss of use comes from the eviction of the premises, observe the
provisions of Article 2431, and if the landlord acted with bad faith,
also be liable for damages.
Section 2435 .- The tenant is responsible for the fire, unless it comes from a fortuitous event or force majeure or manufacturing defect.
Section 2436 .- The hirer is not liable for the fire was communicated on the other hand, if you took precautions to prevent fire from spreading.
Section 2437 .- When
there are several tenants and do not know where the fire started,
everyone is responsible in proportion to the rent paid, and if the
landlord occupies part of the estate, also respond in proportion to the
income that part set experts. If it is proved that the fire started in
the room of a tenant, only he is responsible.
Section 2438 .- If any of the tenant proves that the fire could not start the party concerned, be free of responsibility.
Section 2439 .- Responsibility
in cases of the previous articles that covers not only the payment of
damages suffered by the owner, but of those who have caused to others,
provided it comes directly from the fire.
Section 2440 .- The
tenant who is set on the farm leased a dangerous industry, has an
obligation to ensure that farm probable that risk against the exercise
of that industry.
Section 2441 .- The
lessee may not, without express consent of the landlord to vary the
shape of the thing leased, and if so should, when it back, reset the
state of its receipt, being also responsible for the damages.
Section 2442 .- If
the tenant received the property with the express description of the
parts which compose it, must return at the conclusion of the lease, as
received, except that which he died or was impaired by weather or
unavoidable cause.
Section 2443 .- The
law presumes that the tenant accepted the leased without the
description stated in the previous article, received in good condition,
unless the contrary is proved.
Section 2444 .- The tenant must repair those minor damage that are caused by regular people who inhabit the building.
Section 2445 .- The
tenant who repairs due to lose partial or full use of the thing, have
the right not to pay the price of the lease, ask the price reduction or
termination of the contract, loss of use longer than two months in their
respective cases.
Section 2446 .- If
the same thing has been leased separately to two or more persons for
the same time, the lease will prevail first date, if it is not possible
to verify the priority of the latter, it will be the lease that is in
possession of the leased .
If the lease must be registered in the Register, only worth enrolled.
Section 2447 .- In
leases that have lasted more than five years and when the tenant has
made major improvements in the leased estate, is this right if it is
current in paying the rent, which, under equal conditions, in case of
sale is preferred in terms of Article 2448-J of this Code.
CHAPTER IV
Lease of Property Intended for Room Urban
Section 2448 .- The
provisions of Articles 2448-A, 2448-B, 2448-G 2448-H are public and
social interest, are therefore indispensable and therefore any
stipulation to the contrary shall be null and void.
Section 2448-A .- No lease shall be given in a town that does not meet the hygiene and sanitation required by the law of matter.
Item 2448-B .- The
landlord who does not do the works ordered by the appropriate authority
as necessary for a city livable, sanitary and safe is responsible for
damages that tenants suffer as a result.
Item 2448-C .- The
minimum duration of any lease of urban property to the room for one
year will be forced to landlord and tenant, unless otherwise agreed.
Item 2448-D .- For purposes of this Chapter, the income must be stipulated in national currency.
Item 2448-E .- The rent must be paid within the agreed timeframe and in the absence of agreement, monthly in arrears.
The tenant is not obligated to pay rent but from the day you receive the property under contract.
Item 2448-F .- For purposes of this Chapter, the lease must be in writing, the absence of this formality shall be charged to the landlord.
The contract must contain at least the following provisions:
I. Name of landlord and tenant.
II. The location of the property.
III. Detailed
description of the property under contract and the fixtures and
fittings that account for the use and enjoyment thereof, as well as the
state saved.
IV. The amount of income.
V. The guarantee, if any.
VI. The express mention of the fate of the property leased housing.
VII. The term of the contract.
VIII. The obligations of the landlord and tenant contract in addition to those specified in the Law
Item 2448-G .- The
lessor shall register the lease with the competent authority of the
Federal District. Once this requirement shall provide the tenant with a
registered copy of the contract.
The tenant may take action to sue the register referred to and delivery of a copy of the contract.
Likewise, the tenant is entitled to register your copy of the lease before the competent authority of the Federal District.
Item 2448-H .- The
lease of urban property for the room does not end by the death of the
lessor or the lessee for, but only on the grounds established by law.
With
the exclusion of any other person, spouse, or concubine, the children,
the ascending line by blood or marriage of the deceased tenant is
subrogated to the rights and obligations thereof, in the same contract
terms, provided they have permanently inhabited real estate in the
tenant's life.
Not
applicable provisions of the preceding paragraph to persons occupying
the property as a subtenant, assignee or other similar title that is not
the situation
under this article.
Item 2448-I .- (Repealed).
Item 2448-J .- In
the event that the property owner decides to alienate lease, the tenant
or entitled to be preferred to any third party as follows:
I. In
all cases, the landlord must give the tenant written notice of its
desire to sell the property, specifying the price, terms, conditions and
modalities of the sale;
II. He
or tenants have fifteen days to give the landlord written notice of
their wish to exercise the right of preference set forth in this Article
the terms and conditions of the offer, showing the amounts payable to
it at the time of acceptance supply, conforming to the conditions
specified in it;
III. If
the landlord change any of the terms of the initial offer shall give a
further written notice to the tenant, who from that time have a further
period of fifteen days. If the change relates to price, the landlord is
only obliged to give further notice when the same increase or decrease
of more than ten percent;
IV. In the case of property subject to condominium ownership, the provisions of the law of matter and
V. The
purchase and sale made in contravention of the provisions of this
Article shall grant the lessee the right to seek damages, no
compensation for these concepts may be less than 50% of the rent paid by
the tenant in the last twelve months . The aforementioned action
prescribed sixty days after the tenant is aware that the completion of
the transaction in question.
If the tenant does not comply with the conditions set out in Sections II or III of this article, precluirá right.
Item 2448-K .- If
several tenants makes use of preemptive rights referred to in the
preceding article, shall be preferred to have rented oldest part of the
building and, if equal, the first display of the amount due under the
terms of the fraction II the preceding article, unless otherwise agreed.
Article 2448-L .- (Repealed).
Section 2449 .- (Repealed).
Section 2450 .- (Repealed).
Section 2451 .- (Repealed).
Section 2452 .- (Repealed).
CHAPTER V
Lease of Farms
Section 2453 .- (Repealed).
Section 2454 .- The rent must be paid within the agreed timeframe and, failing agreement, by arrears.
Section 2455 .- The
tenant is not entitled to the reduction of rent for leased land
sterility or loss of fruit from ordinary acts of God, but in case of
loss of more than half of the fruit, for extraordinary acts of God.
Is
understood by extraordinary acts of God, fire, war, pestilence, unusual
flood, locusts, earthquake or other unusual event and also the
contractors were unable to reasonably predict.
In these cases, the lease price will be reduced proportionally to the amount of losses.
The provisions of this Article shall not be waived.
Section 2456 .- In
the lease of rural land for a specified period, should the tenant in
the last year to remain on the farm, to allow his successor or owner, if
the fallow lands are vacant and in which he to verify the new planting
and the use of buildings and other means necessary for preparatory work
for the following year.
Section 2457 .- The
permit referred to in the preceding article shall not be required but
in the time period and strictly indispensable, according to local
custom, unless otherwise agreed.
Section 2458 .- After
the lease, will turn the outgoing tenant, the right to use land and
buildings for the time absolutely necessary for the collection and use
of the fruits remaining at the end of the contract.
CHAPTER VI
The Property Leasing
Section 2459 .- Apply to the lease of goods the provisions of this title consistent with the nature of these assets.
Section 2460 .- If
the contract has not been fixed, or expressed any use to the thing
goes, the tenant will be free to return any time, and the landlord can
not ask for but five days after conclusion of the contract.
Section 2461 .- If
the thing leased for years, months, weeks or days, the rent shall be
paid at the maturity of each of these terms, unless otherwise agreed.
Section 2462 .- If the contract is concluded for a fixed period, the rent shall be paid upon expiration of the term, unless otherwise agreed.
Section 2463 .- If
the renter returns the thing before the time agreed, when adjusted for
one price, is required to pay in full, but if the tenant is adjusted for
periods of time, is only required to pay for the calendar periods to
delivery.
Section 2464 .- The tenant is obligated to pay the full price when the lease was for a fixed period and only got as terms for payment.
Section 2465 .- If
you lease a building or room furnished is understood that the lease of
furniture is the same time as the building or room, unless otherwise
specified.
Section 2466 .- When the furniture is spaced'll rent the building, its rent is governed by the provisions of this Chapter.
Section 2467 .- The tenant is obliged to make small repairs requiring the use of the thing leased.
Section 2468 .- The
loss or deterioration of the thing hired, always presumed to be borne
by the tenant, unless he proves that he came without his fault, in which
case the responsibility of the landlord.
Section 2469 .- Even
when the loss or damage occurring by accident, will be borne by the
tenant, if he used the thing in a manner not in accordance with the
contract, and without the use of which would have ensued if not
fortuitous.
Section 2470 .- The
tenant is obliged to feed and drink the animal for as long as it is in
your power, so that is not deteriorated, and light cure disease, unable
to charge anything to the owner.
Section 2471 .- The fruits of the rented animals belong to the owner, unless otherwise agreed.
Section 2472 .- In
case of death of an animal rented his remains will be delivered by the
tenant to the owner if they are of some use and may transport.
Section 2473 .- When
you lease two or more animals that form a whole, as yoke or a shot, and
one of them is disabled, is terminated lease, unless the owner wants to
take another to form a whole with the one that survived.
Section 2474 .- The
one or more animals to hire a specified individually, before being
delivered to the tenant inutilizaren no fault of the landlord, will be
entirely free of the obligation if the tenant has notified immediately
after the animal was rendered useless, but if it is disabled by fault of
the landlord or if you have not given notice, subject to payment of
damages, or replace the animal at the choice of tenant.
Section 2475 .- For
the previous article, if the lease was not treated animal individually
determined, but a certain number and gender, the landlord is obliged to
damages, provided that lack of delivery.
Section 2476 .- If
the lease of a rural property should be included cattle-breeding farm
or existing in it, the lessee shall, in respect of cattle, the same
rights and obligations of the tenant, but is not required to give bond.
Section 2477 .- The provisions of Article 2465 applies to the instruments of the leased real estate.
CHAPTER VII
Special provisions for leases indefinitely
Section 2478 .- All
leases that are not expressly concluded for certain, will be completed
by any of the contracting parties, by written notice given the other
party with fifteen days notice if the property is urban, and one year if
rustic .
Section 2479 .- Since
the notice referred to in the preceding article, the urban farm tenant
is obliged to show cards and inside the home to those who would see it.
In respect of rural land, observe the provisions of Articles 2456, 2457
and 2458.
CHAPTER VIII
The Sublease
Section 2480 .- The
tenant may not sublet the thing leased in whole or in part, or assign
its rights without the consent of the lessor, if we did, jointly and
severally liable to the subtenant, of the damages.
Section 2481 .- If
the sublease is made in accordance with the general authorization
granted in the contract, the renter is responsible to the landlord as if
he continued in the use or enjoyment of the thing.
Section 2482 .- If
the landlord expressly approves a special contract of sublease, the
sublessee is subrogated to all rights and obligations of the tenant, by
agreement unless otherwise agreed.
CHAPTER IX
Mode Terminate Lease
Section 2483 .- The lease can be determined:
I. For having met the deadline in the contract or by law, or be satisfied in order for the thing was leased;
II. By express agreement;
III. Declared invalid;
IV. Termination;
V. For confusion;
VI. Loss or destruction of the thing leased, by accident or force majeure;
VII. Expropriation of the leased property made by a public purpose;
VIII. For eviction of the thing leased.
Section 2484 .- If
the lease is made for a fixed term ends at the specified day. If no
time stated, shall be observed the provisions of Sections 2478 and 2479.
Section 2485 .- (Repealed).
Section 2486 .- (Repealed).
Section 2487 .- If
after the end of the period for which held the lease, the lessee
continues unopposed in the use and enjoyment of the leased asset, the
lease will continue indefinitely, being obliged the tenant to pay rent
for the time corresponding to exceed as agreed in the contract, either
party may request termination of the contract in terms of Article 2478.
The obligations assumed by a third party to ensure compliance with the
lease, cease at the end of the period, unless otherwise agreed.
Section 2488 .- (Repealed).
Section 2489 .- The landlord may demand rescission of the contract:
I. For nonpayment of rent in the terms provided in Section I of Article 2425;
II. For the thing used in contravention of the provisions of section III of Article 2425;
III. From sub-letting the thing in contravention of Article 2480.
IV. For serious damage to the leased property attributable to the tenant, and
V. By varying the shape of the thing leased without the consent of the lessor under the terms of Article 2441.
Section 2490 .- The lessee may demand termination of the contract:
I. For contravening the landlord the obligation referred to in Section II of Article 2412 of this ordinance;
II. For total or partial loss of the thing leased in terms of articles 2431, 2434 and 2445, and
III. Due to the existence of defects or hidden defects of the thing, and unknown prior to lease by the lessee.
Section 2491 .- (Repealed).
Section 2492 .- If
the landlord, without cause, opposes the right to sublease to the
tenant wishes to make, the latter may seek rescission of the contract.
Section 2493 .- If
the beneficial owner is not expressed as such to make the lease, and
have consolidated the property with the lease, the landlord requires
vacating the property, the lessee has right to sue the landlord
compensation for damages.
Section 2494 .- (Repealed).
Section 2495 .- If
the property given on lease are disposed of in court, the lease shall
continue, unless it appears to be held within sixty days prior to the
seizure of the property, in which case the lease may be terminated.
Section 2496 .- In cases of expropriation and judicial execution, observe the provisions of Articles 2456, 2457 and 2458.
TITLE SEVEN
The Commodatum
Section 2497 .- The
bailment is a contract whereby one party undertakes to grant free use
of a thing is not fungible, and the other assumes the obligation to
restore it individually.
Section 2498 .- When
the loan was entered to things consumable bailment only be borrowed as
though they were not fungible, that is to be restored identically.
Section 2499 .- Tutors,
curators and all general managers of property of others, may not give
as a loan, without special authorization, the goods entrusted to their
care.
Section 2500 .- Without permission from the lender the borrower can not grant a third use of the thing loaned.
Section 2501 .- The borrower acquires the use, but not the fruits and accessions of the thing lent.
Article 2502 .- The
borrower is obliged to use all diligence in the preservation of the
thing, and is responsible for any deterioration that she suffers because
of it.
Section 2503 .- If
the damage is such that the thing is not likely to be used in its
ordinary use, the lender may require the previous value of it, leaving
his property to the borrower.
Section 2504 .- The
borrower is responsible for the loss of the thing if used in different
use or for longer than agreed, even if it come upon by accident.
Section 2505 .- If
the thing perishes by accident, that the borrower may have their own
secure employment, or if unable to retain only one of the two, preferred
his own, responsible for the loss of the other.
Section 2506 .- If
the thing has been estimated to provide it, your loss, even after the
mine by accident, is borne by the borrower, who must deliver the price,
if no express agreement to the contrary.
Section 2507 .- If
things deteriorate with the sole purpose of the use for which it was
provided, and no fault of the borrower, it is not responsible for the
deterioration.
Section 2508 .- The borrower has no right to repeat the amount of expenditure needed for ordinary use and conservation of thing loaned.
Section 2509 .- The borrower is not entitled to retain the thing to excuse it by any other expense or because the owner owes.
Section 2510 .- Being two or more borrower, subject to the same obligations jointly.
Section 2511 .- If
you have not determined the use or the term of the loan, the lender may
demand the thing when his sight. In this case, evidence that they have
agreed to use or within, it is the borrower.
Section 2512 .- The
lender may demand the return of the thing before the deadline or use
agreed, there came an urgent need for it, proving that there is a danger
that it perish if it continues on to the borrower, or if it has
authorized a third party to use of the thing, without consent of lender.
Section 2513 .- If
during the loan the borrower has had to make for the preservation of
the thing, some extraordinary expense and so urgent that he could not
give notice of it to the lender, it shall be obliged to repay.
Section 2514 .- When
the thing lent such defects which cause injury to that serves it, the
lender is responsible for these, if he knew the defects and did not give
timely notice to the borrower.
Section 2515 .- The bailment ends by the death of the borrower.
PART EIGHT
Deposit and Sequestration
CHAPTER I
Deposit
Section 2516 .- The
deposit is a contract whereby the depository to the depositor is
obliged to receive a thing, real or personal property entrusted to it
and save it to restore it when you ask the depositor.
Section 2517 .- Unless
otherwise agreed, the depositary is entitled to demand payment for the
deposit, which under the terms of the contract and, failing that, to the
uses of the site that constitute the warehouse.
Section 2518 .- The
securities custody, securities, cash or interest-bearing documents, are
required to make the collection of these in times of maturity, as well
as to practice whatever actions are necessary for the purposes laid
preserve their value and rights they are entitled under the law.
Section 2519 .- The inability of one party does not relieve the other obligations that are subject to the caching and the depositary.
Section 2520 .- The
unable to accept the deposit may, if sued for damages, raise as a
defense the invalidity of the contract, but not to return may be waived
if the thing deposited is still preserved in his power, or profit
received by him from disposal.
Section 2521 .- When the disability does not is absolute, the depositary may be ordered to pay damages, if any acted with malice or bad faith.
Section 2522 .- The
depositary is required to keep the thing to be stored as you receive it
and return it when requested by the depositor, but by becoming the
deposit is fixed term and it has not arrived.
In
the preservation of the deposit will answer the depositary of the
impairments and damages things suffer damages deposited by malice or
negligence.
Section 2523 .- If
after the deposit made known to the depositary of the thing is stolen
and who the true owner must provide notice to it or the competent
authority with due reserve.
Section 2524 .- If
within eight days will not be sent legally withhold or deliver the
thing, you can return it to he deposited, without thereby becoming
subject to liability.
Section 2525 .- As
many who take a single thing or amount on deposit, the depositary will
not deliver but with the consent of the majority of depositors, computed
by numbers and not people, unless the tank has become agreed that the
delivery is made to any of the depositors.
Section 2526 .- The depositary will deliver to each depositor a part of the thing, if by becoming the deposit was noted that each share.
Section 2527 .- If
there is no place designated for delivery of the deposit, the refund
will be made to the place where you find the thing deposited. Delivery
costs will be borne by the depositor.
Section 2528 .- The depositary is not required to deliver the thing when it has been judicially ordered to retain or seize.
Section 2529 .- The depositary may, for cause, return the thing before the agreed deadline.
Section 2530 .- When
the depositary or try to discover the thing deposited is yours, and the
depositor maintain its rights to insist, must occur to the judge asking
him to retain or to order a judicial deposit.
Section 2531 .- When
there is no stipulated time, the depositary may return the deposit to
the depositor at any time, always alert you with a cautious advance, if
something needs to be prepared to guard the thing.
Section 2532 .- The
depositor is liable to compensate the depository for all expenditures
made in preserving the deposit and the damages he suffered.
Section 2533 .- The
depositary may retain the thing, even to ask for it has not received
the amount of the expenses referred to in the preceding article, but
may, in this case, if payment is not sure, ask for judicial retention
tank .
Section 2534 .- Nor can retain the thing as a pledge to guarantee another loan he has against the depositor.
Section 2535 .- The
owners of establishments where the guests that are responsible for the
deterioration, destruction or loss of the effects introduced on the
premises with their consent or their authorized employees, by the people
staying there, unless he proves that the damage suffered is
attributable to these individuals, their companions, his servants or
visiting, or coming from a fortuitous event or force majeure or vices of
the same effects.
The
responsibility of speaking this article, shall not exceed the sum of
two hundred fifty dollars when you can not impute guilt to the hotel or
its staff.
Section 2536 .- For
owners of establishments where the guests that are responsible for the
money, valuables or objects of notoriously high prices in these
establishments to introduce people staying there, they need to be
delivered in trust to them or their duly authorized employees.
Section 2537 .- The
landlord is not relieved of liability imposed by the previous two
articles put notices in their establishment to avoid it. Any agreement
to hold, limiting or modifying the liability will be nil.
Section 2538 .- Eateries,
cafes, bathhouses and other similar establishments, do not respond to
the effects of introducing the customers, unless placed under the care
of the employees of the establishment.
CHAPTER II
Kidnapping
Section 2539 .- Sequestration is the deposit of a thing in litigation in the hands of another, until you decide who to surrender.
Section 2540 .- Kidnapping is conventional or judicial.
Section 2541 .- The
conventional sequestration takes place when the litigants settle the
matter in dispute in the hands of a third party who agrees to deliver,
which ended the lawsuit, which according to the statement entitled to
it.
Section 2542 .- The
conventional charge of kidnapping can not free himself from it before
the end of the lawsuit, but indulging in it all the stakeholders, or
cause the judge to declare legitimate.
Section 2543 .- Apart from the abovementioned exceptions, apply to the conventional kidnapping the same provisions for the deposit.
Section 2544 .- Kidnapping is the judicial decree establishing the court.
Section 2545 .- Judicial sequestration is governed by the Code of Civil Procedure and, alternatively, for the same conventional sequestration.
NINTH TITLE
Mandate
CHAPTER I
General Provisions
Section 2546 .- The mandate is a contract which the agent is obliged to execute on behalf of the principal legal acts that it may require.
Section 2547 .- The contract term is deemed perfect by the acceptance agent.
The
mandate involves the exercise of a profession is deemed accepted when
given to people who offer the public exercise of their profession, just
because they do not refuse within three days.
Acceptance may be express or implied. Tacit acceptance is any act in execution of a command.
Section 2548 .- The mandate can be all lawful acts for which the law does not require the personal intervention of interest.
Section 2549 .- Only the mandate will be free where this has been expressly agreed.
Section 2550 .- The term can be written or verbal.
Section 2551 .- The written order may be granted:
I. In deed;
II. In
private letter, signed by the grantor and two witnesses signatures and
endorsed by a Notary Public, Judge of First Instance Judges Juvenile or
Peace, or before the appropriate administrative officer or employee,
when the mandate is issued for administrative matters;
III. In proxy signature without ratification.
Section 2552 .- The verbal command is given to word in mind, whether or not witnesses intervened.
When the verbal mandate has been written to be ratified before the end of the business to be given.
Section 2553 .- The
mandate may be general or special. Are usually contained in the first
three paragraphs of Article 2554. Any other term shall be considered
special.
Section 2554 .- In
all the general powers of attorney and collections, suffice to say that
given all the general and special powers requiring a special clause
under the law, so that they understand conferred without any limitation.
General
powers of attorney to administer property, simply state that given in
confidence, for the agent to have all sorts of administrative powers.
General
powers of attorney to exercise acts of ownership, sufficient to give
that character for the agent to have all the powers of ownership, both
in relation to goods, to do all sorts of efforts to defend them.
When
the limit as they will, in all three cases above, the powers of proxies
is made, limitations, or the powers will be special.
Notaries inserted this article in the testimonies of the powers granted.
Section 2555 .- The
mandate must be given in a public deed or power of attorney signed
before two witnesses and ratified the signatures of grantor and
witnesses before a notary, before judges or competent administrative
authorities:
I. When general;
II .- When
the interest of business to transfer that exceeds the equivalent of one
thousand times the general minimum wage in Mexico City at the time of
granting, or
III. Where by reason of it is to run the agent on behalf of the client, an act which by law must be stated in a public instrument.
Section 2556 .- The
mandate may be given in private writing signed before two witnesses,
without requiring prior ratification of the signatures, where the
interest of business to transfer that does not exceed one thousand times
the general minimum wage in Mexico City when granted.
It
can only be verbal mandate business where the interest of not more than
fifty times the general minimum wage in Mexico City when granted.
Section 2557 .- The
omission of the requirements of the preceding articles, the term
cancels, leaving only remaining obligations from the third party has
acted in good faith and the president, as if it had acted in
self-employment.
Section 2558 .- If
the principal, the president and who has dealt with it, acted in bad
faith, none of them is entitled to assert the lack of a mandate.
Section 2559 .- In
the case of Article 2557, the principal may require the agent to return
the sums which have been, and for which the latter will be considered
as a mere depositary.
Section 2560 .- The agent, unless the agreement between him and the principal, may fulfill the mandate treaty in its own name or the principal.
Section 2561 .- Where
the agent is in their own name, the principal has no action against the
persons with whom the president has engaged, or they do not against the
principal.
In
this case the agent is bound directly for the person who has
contracted, as if the matter was personal detail. Except in the case
concerned the principal of his own things.
The provisions of this Article is without prejudice to any action between principal and agent.
CHAPTER II
Obligations of the President with respect to the Principal
Section 2562 .- The
president, in performing their duties, be subject to the instructions
received from the client and in no case may proceed against the express
provisions thereof.
Section 2563 .- As
expected and not specifically prescribed by the principal, the
president must consult, if permitted by the nature of business. If the
consultation is not possible or is the authorized representative to act
at will, do what prudence dictates, taking care of business as their
own.
Section 2564 .- If
an unforeseen accident doeth, according to the president, bad execution
of instructions, may suspend the mandate, and communicating to the
client by the quickest means possible.
Section 2565 .- The
operations performed by the agent, in violation or excess of the order
received, in addition to compensation for the principal, damages, will
be at the option of ratifying or leave it by the president.
Section 2566 .- The
president is required to give timely notice to the principal of all
facts or circumstances that may determine to revoke or modify the order.
Also pass it without delay of the execution of the request.
Section 2567 .- The president can not compensate for the damages caused to the profits who otherwise have sought the principal.
Section 2568 .- The
president is exceeding his powers, is responsible for damages caused to
the client and the contracted third party with whom, if he knew that he
went beyond the limits of the mandate.
Section 2569 .- The
president is obliged to give the client an exact account of his
administration, according to the agreement, if any, when they had not
when the client request, and in any case the end of the contract.
Section 2570 .- The president is obliged to give the client everything that has been under power.
Section 2571 .- Nothing in the preceding article shall be observed even if what the president was not due to the principal.
Section 2572 .- The
agent must pay the interest on the sums belonging to the principal and
has distracted from its object and invested their own advantage, from
the date of investment, as well as the quantities in which it reached
from the date of incorporation in arrears.
Section 2573 .- If
it gives a mandate to various people regarding the same business, even
in a single act, it shall be jointly liable if not expressly so agreed.
Section 2574 .- The president may entrust a third term performance if you have express powers to do so.
Section 2575 .- If
the person was appointed the substitute may not appoint another, if not
designated person may appoint you want, and in this case is liable only
when the person elected be in bad faith or shall be found in notable
insolvency.
Section 2576 .- The substitute has to with the client the same rights and duties of the president.
CHAPTER III
Obligations of the Principal in relation to the President
Section 2577 .- The principal must anticipate the president, at his request, the sums necessary for the implementation of the mandate.
If
the president has advanced, it must repay the principal, although the
business has not gone well, provided it is not at fault the president.
The refund will include the interests of the anticipated amount, counting from the day the advance is made.
Section 2578 .- The
principal must also indemnify the agent for all damages that may have
caused the fulfillment of the mandate, without fault or negligence of
the same agent.
Section 2579 .- The
president may retain in pledge the things which are the subject of the
mandate until the client makes the compensation and reimbursement that
covers the previous two articles.
Section 2580 .- If
many people would have appointed one representative for a common
business, you are jointly liable for all purposes of the mandate.
CHAPTER IV
Obligations and Rights of the Principal and the President with respect to Third
Section 2581 .- The principal must fulfill all the obligations that the president has made within the limits of the mandate.
Section 2582 .- The president did not take action to enforce obligations on behalf of the client, unless that power is also included in power.
Section 2583 .- The
president acts on behalf of the client practice, but going beyond the
express limits of the mandate will be zero, compared to the same
principal, if not tacitly or explicitly endorses.
Section 2584 .- The
third parties who have contracted with the agent who exceeded his
powers, shall have no action against it, if we had released were those
and what has not been personally obligated by the principal.
CHAPTER V
The Writ
Section 2585 .- They may not be attorneys at trial:
I. The disabled;
II. Judges, magistrates and other officers and employees of the administration of justice, exercising, within its jurisdiction;
III. Employees of the Treasury, in any case in which to intervene on its own, within their respective districts.
Section 2586 .- The
injunction will be granted in a public or presented in writing and
ratified by the grantor before a judge of the cars. If the judge does
not know the grantor, will require identification witnesses.
The substitution of the injunction will be in the same way as granted.
Section 2587 .- The attorney does not need power or qualification but in the following cases:
I. To desist;
II. To compromise;
III. To commit to arbitration;
IV. To absolve and articulate positions;
V. To transfer of assets;
VI. To challenge;
VII. To receive payments;
VIII. For other acts expressly determined by law.
When
the general powers conferred desired one or more of the powers
enumerated above, observe the provisions of the first paragraph of
Article 2554.
Section 2588 .- The prosecutor, accepted the power, is obliged:
I. To continue the trial for all instances until your order has ceased for some of the causes expressed in Article 2595;
II. To pay the expenses caused to his body, except the right of that is the principal repayments;
III. In
practice, the responsibility that this Code requires the president when
necessary to defend his principal, arranging affection to the
instructions that he have given him, and if not any, to that required by
the nature and character of litigation.
Section 2589 .- The attorney or attorney to accept the mandate of a party can not admit the opposite, in the same trial, but waived the first.
Section 2590 .- The
attorney or attorney to reveal to the opposing party the secrets of his
principal or client, or provide it with documents or data that harm
will be responsible for all damages, being also subject to what these
cases have the Penal Code.
Section 2591 .- The
prosecutor who hath just impediment to fulfill your order, you can not
leave without replacing the term, with authority to do so or without
notice to his principal, to appoint another person.
Section 2592 .- The attorney representing the stops, besides the cases mentioned in Article 2595:
I. To separate the constituent of the action or opposition which has made;
II. Having completed the personality of the grantor;
III. Having
passed the principal to another his rights to the thing in litigation,
after the transfer or assignment be given proper notice and proof in the
record;
IV. For the business owner to do some action in court, saying that repealing the mandate;
V. To name the principal another attorney for the same business.
Section 2593 .- The
prosecutor who has replaced a power, may revoke the substitution if you
have authority to do so, ruling in this case, for the substitute, the
provisions of Section IV of the preceding article.
Section 2594 .- The part can be ratified before the sentence be final, which the attorney has made overstepping of power.
CHAPTER VI
Of the various modes of termination of the Mandate
Section 2595 .- Term expires:
I. For the revocation;
II. On the resignation of the president;
III. On the death of the principal or agent;
IV. For the interdiction of either;
V. By the deadline and the conclusion of the business for which it was granted;
VI. In the cases covered by Articles 670, 671 and 672.
Section 2596 .- The
principal may revoke the mandate when and how you see fit, less in
cases where the grant has been stipulated as a condition in a bilateral
contract, or as a means to fulfill an obligation.
In these cases the agent can not give power.
The repeal or waive part of the mandate at inopportune times, must compensate the other for the damages you cause.
Section 2597 .- When
given a mandate to deal with a certain person, the principal must
notify the recall it, on pain of being bound by the actions of chief
executive after the revocation, whenever there has been good faith by
that person .
Section 2598 .- The
principal may demand the return of the instrument or writing setting
forth the mandate, and all documents relating to the business or
businesses that was in charge of the president.
The
client neglects to demand the documents certifying the powers of the
trustee, is liable for damages resulting from that cause to third
parties in good faith.
Section 2599 .- The
creation of a new agent for the same case, the revocation of the first
matter, from the day it is notified to the new appointment.
Section 2600 .- Although
the mandate ends at the death of the principal, the president must
continue in the administration, while the heirs provide for themselves
in business, provided that otherwise might be some harm.
Section 2601 .- For
the previous article, the president has the right to ask the judge to
fix a short term to heirs to be present to take care of business.
Section 2602 .- If
the term ends president's death, his heirs must give notice to the
principal and practice, while a ruling, only the steps that are
essential to avoid any damage.
Section 2603 .- The
president who resigns is bound to follow the business as the client
does not provide the procurement, if otherwise is still a loss.
Section 2604 .- What
the president, knowing that the mandate has ceased, have done to a
third party which ignores the term of the administration, does not bind
the principal, was the case under Article 2597.
TENTH TITLE
Contract Servicing
CHAPTER I
Domestic Service, the Service Journal, the Service Lump Sum where the operator simply puts his job and Learning Contract
Section 2605 .- Domestic
service, service by the day, the service lump sum where the operator
simply places his work, and the apprenticeship contract shall be
governed by the Regulatory Law to be issued by the Congress of the
Union, as ordered in the 1st paragraph. Article 123 of the Federal
Constitution.
While
that law is issued, shall follow the provisions contained in Chapters
I, II, V and relative share of III, Title XIII of Book III of the Civil
Code of the Federal District and Territories, which began to be in force
the 1st. June 1884, which contradict the basis set out in that Article
123 of the Constitution and the provisions in Articles 4 and 5 of the
Basic Code.
CHAPTER II
Provision of Professional Services
Section 2606 .- The providing and receiving professional services; can be set by mutual agreement, due penalty for them.
In
the case of unionized professionals which they would be observed the
provisions set forth in the respective collective bargaining agreement.
Section 2607 .- When
has not been agreement, fees are regulated together in response to
local custom, the importance of the work performed, to the issue or
event that are rendered at the monetary authority receiving the service
and professional reputation have learned that you have provided. If so
regulated services provided by the tariff, it will be the standard for
determining the amount of fees claimed.
Section 2608 .- Those
without the title for members of the professions for which the law
requires exercise title, in addition to incurring the respective
sentence, shall not be entitled to collect payment for professional
services they have provided.
Section 2609 .- The
professional services may include the expense to be done in the
business in which they shall render. A lack of agreement on
reimbursement, advances shall be paid in terms of the following article,
with legal interest from the day on which they were made without
prejudice to the liability for damages when it has rise to it.
Section 2610 .- Payment
of fees and expenses, if any, will be in the place of residence which
has provided professional services to provide each service immediately
or at the end of all, when detached from the teacher or have completed
the business or work entrusted to him.
Section 2611 .- If
several people entrust a business, they will all be severally liable
for the fees of the teacher and the advances he has made.
Section 2612 .- When several teachers in science itself serving in a business or matter may charge for services that have given each individual.
Section 2613 .- Teachers
are entitled to claim their fees, regardless of the success of the
business or work entrusted to them, unless otherwise agreed.
Section 2614 .- Whenever
a teacher is unable to continue providing their services, must provide
timely notice to the person who occupies, being obliged to pay damages
that are caused when this ad does not communicate with opportunity. For
lawyers also be observed, the provisions of Article 2589.
Section 2615 .- The
providing professional services, is only responsible to the people it
serves, through negligence, incompetence or fraud, without prejudice to
other penalties if a crime deserves.
CHAPTER III
Works Contract Lump Sum
Section 2616 .- The works contract lump sum when the employer directs the work and makes the material is subject to the following rules.
Section 2617 .- The
entire risk of the work shall be borne by the employer to the act of
delivery, unless any default on the part of the building owner to
receive it, or express agreement to the contrary.
Section 2618 .- Whenever
the employer is responsible for setting the play closed in a matter of
property whose value is more than a hundred pesos, will be awarded the
contract in writing, including a detailed description on it, and in
cases that require a plan, drawing or budget of the work.
Section 2619 .- If
no plan, design or budget for the implementation of the work and
difficulties arise between the entrepreneur and the owner shall be
resolved taking into account the nature of the work, the price of it and
the custom of the place, hearing himself to the opinion of experts .
Section 2620 .- The
expert who forms the background, design or budget of a work, and run,
can not collect the drawings, design or budget out of the work fee, more
if it was not executed because the owner can redeem it at unless the
charge has been agreed that the owner does not pay if you do not so
agree to accept it.
Section 2621 .- When
you have invited several experts to make plans, designs and budgets, in
order to choose between them that seems best, and experts have been
aware of this fact, no one can charge a fee, unless an express
agreement.
Section 2622 .- In
the case of the preceding Article shall the author of the plan, design
or budget accepted recover the value when the work implements according
to him by another person.
Section 2623 .- The
author of a plan, design or budget that has not been accepted, may also
recover the value if the work implements according to him by another
person, even when they have made modifications in the details.
Section 2624 .- When
to undertake a work is not fixed price, it shall be presumed if the
contractors do not agree then the designated by the tariffs, or lack
thereof which ices complementing experts.
Section 2625 .- The price of the work shall be paid upon delivery thereof, unless otherwise agreed.
Section 2626 .- The
employer is responsible for performing some work for certain price, has
no right to demand then no increase, although it has had the price of
materials or wages.
Section 2627 .- Nothing
in the preceding article shall also be observed when there has been any
change or increase in the plan or design, unless they are authorized in
writing by the owner and with the express designation of the price.
Section 2628 .- Once
the price paid and received, no place to complain about it, unless to
pay or receive, the parties have expressly reserved the right to claim.
Section 2629 .- Whoever
undertakes to do a work for close fit, you must begin and end on the
terms designated in the contract, and otherwise, which are sufficient,
according to experts.
Section 2630 .- Which
require them to make a work piece or as it may require the owner to
receive it in parts and is paid in proportion to the received.
Section 2631 .- The
party is presumed approved paid and received by the owner, but there
shall be no presumption that just because the owner has made good
progress to realize the price of the work, if the payment is expressed
to apply to the part already delivered.
Section 2632 .- The
provisions in the two previous articles, is not observed when the parts
are sent to build can not be useful, but together forming a whole.
Section 2633 .- The
employer is responsible for executing any work, can not make it run on
the other, unless otherwise agreed or the owner consents in these cases,
the work will always be under the responsibility of the employer.
Section 2634 .- Received
and approved the work for which the charge, the employer is liable for
defects that appear after which come from flaws in its construction and
workmanship, poor quality of materials used or vices of the soil in
which it was made, unless express provision that the owner have been
used defective materials, after the employer has given you to know his
faults, or has been built on improper ground chosen by the owner,
despite the observations of the entrepreneur.
Section 2635 .- The
owner of a work set at a fixed price, the company may abandon started,
so to compensate the employer of all the expenses and work and the
utility could have taken from the work.
Section 2636 .- When
the work was adjusted for weight or measure, without designating the
number of pieces or the full measure, the contract may be resolved by
both sides, concluded that the parties designated, paying the complete.
Section 2637 .- Businessman
paid what is due, according to the two previous articles, the owner is
free to continue the work, employing other people, even if it continues
under the same plan, design or budget.
Section 2638 .- If
the employer dies before completing the work, the contract may be
terminated, but the owner will indemnify the heirs of the former, labor
and expenses incurred.
Section 2639 .- The same provision will take place if the employer can not conclude the work by any cause beyond its control.
Section 2640 .- If
he dies the owner of the work, not terminate the contract and their
heirs will be responsible for compliance with the employer.
Section 2641 .- Those
working on behalf of the employer or to furnish material for the work,
have no action against the owner of it, until the amount reaches the
entrepreneur.
Section 2642 .- The employer is responsible for the work performed by persons occupying the site.
Section 2643 .- When
it is agreed that the work should be done to the satisfaction of the
owner or another person, reserved approval means, according to experts.
Section 2644 .- The
builder of any work is entitled to retain cabinet when not paid, and
your credit will be covered, preferably with the price of that work.
Section 2645 .- Entrepreneurs
builders are responsible for the failure of the police or municipal
regulations and for any damage caused to the residents.
CHAPTER IV
Porters and rental of
Section 2646 .- The
contract whereby one undertakes to carry under his immediate direction
or their dependents, by land, water or air, people, animals, goods or
any other objects, if not a commercial contract is governed by the
following rules.
Section 2647 .- Carriers
are liable for the damage to people's default drivers and means of
transport used, and this defect is presumed if the employer does not
prove that evil came about by force majeure or unforeseeable
circumstances that may be charged.
Section 2648 .- Respond
equally, loss and damage of the things they receive, unless they prove
that the loss or damage has come from a fortuitous event, force majeure
or defect of the same things.
Section 2649 .- They
also respond to omissions or mistakes which have effects in remission,
either do not send them on the journey laid down, whether you send them
to different part of the agreed rate.
Section 2650 .- Respond
also to the damage caused by delay in the trip, either starting or
during its course, or by mutation map, unless they prove that a
fortuitous event or force majeure forced to do so.
Section 2651 .- Carriers
are not responsible for the things that are not delivered to them, but
their drivers, sailors, rowers or dependents who are not authorized to
receive them.
Section 2652 .- For the previous article, the exclusive responsibility of the person who gave the thing.
Section 2653 .- The
responsibility for all offenses committed during transport, tax laws or
regulations or police will be the driver and no passengers or the
owners of things leads, unless the absence has been committed by these
people.
Section 2654 .- The
carrier is not liable for the faults referred to in the preceding
article about the penalties, but if she has a fault, but it will always
be compensation for damages, according to the requirements for.
Section 2655 .- The
passengers have no right to demand acceleration or delay in the
journey, nor any alteration in route, or arrests or stops when these
events are marked by the respective regulations or the contract.
Section 2656 .- The carrier effects should extend to the shipper a bill of lading in which it may request a copy. The letter expressed:
I. The name and address of the shipper;
II. The name and address of carrier;
III. The
name and address of the person to whom or to whose order are intended
purposes, or for delivery to the carrier of the same letter;
IV. The
designation of the effects, showing their generic quality, weight and
markings or signs outside of the packages in which they are contained;
V. The price of transport;
VI. The date the shipment is made;
VII. The place of delivery to the carrier;
VIII. The place and time when they will be delivery to the consignee;
IX. The compensation has to pay the carrier in case of delay, if this point mediare a covenant.
Section 2657 .- The
actions arising from transport, whether for or against the carriers, do
not last more than six months after the end of the trip.
Section 2658 .- If
the thing transported out of a dangerous nature, poor quality or not in
conveniently packaged or bottled, and the damage proviniere any of
these circumstances, the responsibility will be the owner of the
carriage, if they had knowledge of, otherwise, the responsibility which
will be contracted with the carrier, both the damage being caused in the
thing, as the receiving means of transport or other persons or objects.
Section 2659 .- The
landlord must state the defects of the horse or any other means of
transport, and is responsible for damages resulting from the lack of
this statement.
Section 2660 .- If
the horse dies or becomes ill or is disabled while in general the means
of transport, the loss will be borne by the landlord, unless he proves
that the damage came because of another contractor.
Section 2661 .- In
the absence of express agreement, observe the custom, and the amount of
price or cost, or as the time when the payment is to be made.
Section 2662 .- The
credit rates which are payable to the carrier, preferably will be paid
with the price of the goods transported, if they are held by the
creditor.
Section 2663 .- The
contract of carriage is terminable at will the charger before or after
starting the trip, paying the carrier the first case half and the second
the full size, and being his duty to receive the effects at the site
and the day the cancellation is verified. If you do not comply with this
obligation, or fail to pay the postage in cash, the contract shall
terminate.
Section 2664 .- The
contract of carriage is terminated actually taken the trip before or
during its course, if sobreviniere some event of force majeure,
preventing verify or continue.
Section 2665 .- In
the case referred to in the previous article, each will lose interest
expenses if the trip has made has not been verified, and if in progress,
the carrier is entitled to be paid the proportionate size of the road
route, and the obligation to report the effects for deposit to the
judicial authority of the point where it no longer possible to continue,
checking and collecting the relative constancy in the state of being
entered in the consignment note, of which fact provide timely knowledge
of the charger, which should be available.
CHAPTER V
Hosting Contract
Section 2666 .- The
accommodation contract occurs when one lends to another shelter,
through the agreed fee, understood or not, as stipulated, food and other
costs arising hosting.
Section 2667 .- This contract will be tacitly, if provided by the public house accommodation is intended for that purpose.
Section 2668 .- The
accommodation is expressly governed by the conditions and tacit issued
by the regulations the competent authority and the owner of the
establishment should always be written in a visible place.
Section 2669 .- The
baggage of passengers respond preferentially the amount of
accommodation, to this end, the owners of the establishments where they
stay will retain a pledge to obtain payment of the debt.
PART ELEVEN
Associations and Societies
I. - Associations
Section 2670 .- When
several individuals agree on together, so that is not entirely
transitory, for a purpose that is not prohibited by law and that is not
predominantly economic nature, constitute an association.
Section 2671 .- The contract for it to constitute a partnership, you must be in writing.
Section 2672 .- The association may admit and exclude members.
Section 2673 .- Associations
are governed by their statutes, which shall be entered in the Public
Registry to produce effects against third parties.
Section 2674 .- The
supreme power of partnerships lies in the general assembly. The
director or directors of which shall have the powers granted to them by
the statutes and the General Assembly subject to these documents.
Section 2675 .- The
general assembly shall meet at the time fixed in the statutes or
convened by management. This should include a meeting when required to
do whatever for at least five percent of the members, or not done,
instead it will make the civil judge at the request of such partners.
Section 2676 .- The general meeting resolved:
I. Upon admission and exclusion of members;
II. On the early dissolution of the partnership or extension for longer fixed in the statutes;
III. On the appointment of director or directors if they have not been named in the deed;
IV. On the revocation of appointments made;
V. On other matters referred to it by statute.
Section 2677 .- General meetings will address only the issues contained in the respective agenda.
Their decisions will be taken to a majority vote of the members present.
Section 2678 .- Each member shall have one vote at general meetings.
Section 2679 .- The
member shall not vote on decisions that are directly concerned him, his
spouse, ascendants, descendants or collateral relatives within the
second degree.
Section 2680 .- Members of the association shall be entitled to separate from her previous two months notice given in advance.
Section 2681 .- Associates may only be excluded from society for the causes that brought the statutes.
Section 2682 .- Associates who voluntarily separate or are expelled, they will lose any right to be social.
Section 2683 .- Members
have the right to monitor the quotas are so engaged in the proposed
partnership and for that purpose may examine the books and other papers
of this.
Section 2684 .- The quality of membership is not transferable.
Section 2685 .- The associations, in addition to the grounds provided for in the statutes, are extinguished:
I. By consent of the general assembly;
II. Having finished the period fixed for its duration or have gotten completely the object of their foundation;
III. Because they have become unable to perform the purpose for which they were founded;
IV. By an order by competent authority.
Section 2686 .- In
case of dissolution, the assets of the association is implemented as
with the statutes and their unwillingness, as determined by the general
assembly. In this case the assembly can only be attributed to the asset
associated with the social equivalent to their contributions. Other
assets will be applied to other association or foundation similar to the
extinguished object.
Section 2687 .- The charities are governed by the relevant special laws.
II .- Societies
CHAPTER I
General Provisions
Section 2688 .- For
the partnership agreement the partners are mutually undertake to
combine their resources or efforts to achieve a common goal of
predominantly economic nature, but that does not constitute a commercial
speculation.
Section 2689 .- The
contribution of the partners may be a sum of money or other property,
or in its industry. The contribution of assets involves the transmission
of your domain to the company, unless otherwise expressly agreed.
Section 2690 .- The
partnership agreement must be in writing, but will be recorded in deed,
when a partner transfers property to the company whose sale should be
done in deed.
Section 2691 .- The
lack of prescribed form for the partnership agreement, only the effect
that the partners may request, at any time, which makes the liquidation
of the company as agreed and, failing agreement, pursuant to Chapter V
of this section, but while this settlement is not requested, the
contract produces all its effects among the partners and they can not
prevail against third parties that have contracted with the society,
lack of form.
Section 2692 .- If
I form a partnership to an illegal object, at the request of any of the
partners or a third party, shall declare the nullity of the company,
which will be liquidated.
After the debts paid according to law, the partners will be refunded what brought them to the society.
Profits will go to public welfare facilities of the place of domicile of the company.
Section 2693 .- The partnership agreement must contain:
I. The names of the grantors that are capable of binding;
II. The name;
III. The purpose of the society;
IV. The amount of social capital and the contribution that each partner must contribute;
If any of these requirements apply to the provisions of Article 2691.
Section 2694 .- The partnership agreement must register with the Civil Registrar of Companies to produce effects against third parties.
Section 2695 .- The societies of civil, take the form of corporations, are subject to the Commercial Code.
Section 2696 .- Void society requiring that the profits accrue exclusively to one or more of the partners and all losses to another or others.
Section 2697 .- You can not stipulate that the equity partners were restored its contribution with an additional amount, whether or not profits.
Section 2698 .- The partnership agreement can not be changed except by unanimous consent of members.
Section 2699 .- After the name will be added the words civil society.
Section 2700 .- The
ability for companies to acquire real estate, shall be governed by
Article 27 of the Federal Constitution and its laws and regulations.
Section 2701 .- Not fall under this title cooperatives or mutuals, which are governed by the respective special laws.
CHAPTER II
Partners
Section 2702 .- Each
partner is obliged to sanitation for the case of eviction of the things
that contribute to society as befits any seller, and to compensate for
the shortcomings of these things as it is the seller against the buyer,
especially if that promise was the use of specific assets, they will
respond in accordance with the principles governing the obligations
between the landlord and tenant.
Section 2703 .- Unless
you have agreed in the partnership agreement can not bind the partners
to make a new contribution to expand the company business. When the
capital increase is agreed by most members who do not conform can be
separated from society.
Section 2704 .- The
alternative social obligations are guaranteed by the unlimited and
joint liability of members who manage it, other partners, unless
otherwise agreed, shall be obliged to contribute.
Section 2705 .- The
partners may assign their rights without the prior consent of other
co-partners unanimously, and without him they can not admit other new
members, unless otherwise agreed in one and the other cases.
Section 2706 .- The
partners enjoy the same right. If several partners want to make use of
both, it shall be ensured to them in the proportion they represent. The
term for exercising the right of both, will be eight days from receiving
notice of intended disposition.
Section 2707 .- No
member may be excluded from society but by the unanimous agreement of
the other partners and for serious cause under the statutes.
Section 2708 .- The
excluded partner is responsible for the loss of that product, and the
other partners may retain that part of capital and profits from that to
conclude outstanding transactions at the time of the declaration must be
made up then the corresponding settlement.
CHAPTER III
Of Directors of the Company
Section 2709 .- The
company management may rest with one or more partners. Having members
specifically responsible for the administration, others can not
contradict or hinder those efforts, nor prevent its effects. If
management has not been limited to any of the partners, observe the
provisions of Article 2719.
Section 2710 .- The
appointment of the managing partners does not deprive the other
partners the right to examine the state of corporate business and for
this purpose require the production of books, documents and papers, in
order that they may be the claims of their own choosing. Not valid
waiver of the right stated in this article.
Section 2711 .- The
appointment of the managing partners, made in articles of association,
can not be revoked without the consent of all partners, unless the
courts for fraud, fault or disability.
The appointment of directors, made after the constitution of the society it is overruled by a majority vote.
Section 2712 .- The
managing partners shall exercise the powers necessary to turn and
business development that are the object of the society, but unless
otherwise agreed, require specific consent of the other partners:
I. To dispose of things in society, if it has not been constituted for this purpose;
II. To pledge, mortgage or encumber any other property right;
III. To borrow capital.
Section 2713 .- The
powers not granted to administrators, shall be exercised by all
partners, resolve issues by majority vote. Most are calculated by
quantity, but when one person representing the interest and the case of
companies with more than three partners, it takes at least one-third
vote of the members.
Section 2714 .- As
several implementing partners regardless of the administration, without
a declaration that must proceed in accordance may each practice
separately creating appropriate administrative actions.
Section 2715 .- If
it is agreed that an administrator can practice anything without aid of
another, you can only do otherwise if it can be serious or irreparable
damage to society.
Section 2716 .- The
commitments made by the managing partners on behalf of the company,
exceeding its powers, if not ratified it, binding only to society
because of the benefit received.
Section 2717 .- The
obligations contracted by the majority of the partners responsible for
the administration, without knowledge of the minority, against their
expressed will, shall be valid, but those who have entered will be
personally responsible to society for the damage for them is caused.
Section 2718 .- The
partner or partners administrators are held to account if requested by
the majority of the members, even if it is not the time fixed in the
partnership agreement.
Section 2719 .- When
the administration has not been limited to any of the partners, all
have the right to attend the directing and managing the common affairs.
Decisions are taken by majority observes, in respect thereof as provided
in Article 2713.
CHAPTER IV
Of the Dissolution of Societies
Section 2720 .- The partnership is dissolved:
I. By unanimous consent of members;
II. By default the term have been met in the partnership agreement;
III. For the full realization of social order, or have become impossible to attain the objective of society;
IV. By
the death or incapacity of one partner with unlimited liability for
social commitments, unless the charter has been agreed that the society
continues to survivors or heirs of the former;
V. On the death of the industrial partner, provided that the industry has given birth to society;
VI. By
the resignation of a partner, in the case of company maturity date and
other associated partners do not wish to continue, provided that such
renunciation is not malicious or untimely
VII. By court order.
For the dissolution of the partnership takes effect against third parties, it must be noted in the Register of Companies.
Section 2721 .- After
the term by which society was founded, if it continues to operate, its
duration shall be extended indefinitely without need for a new charter,
and its existence can be demonstrated by all the evidence.
Section 2722 .- In
the event of the death of a partner, any company to continue with the
survivors, will proceed to the liquidation of the part corresponding to
the deceased partner, to deliver to your estate. The heirs who died are
entitled to capital and profits correspond to the decedent at the time
of his death and, thereafter, only have part in it necessarily depends
on the rights acquired or obligations incurred by the partner died.
Section 2723 .- The
resignation is considered malicious when the partner makes only intends
to take advantage of the benefits or avoid losses that members should
receive in common with or report under the Convention.
Section 2724 .- Untimely
resignation is said, to make things if they are not in its full if
society can be harmed by the dissolution that would result from the
waiver.
Section 2725 .- The dissolution of society does not change the commitments made to third parties.
CHAPTER V
The Liquidation of the Company
Section 2726 .- Dissolution of the company, will immediately liquidation, which shall be conducted within six months, unless otherwise agreed.
When the company put into liquidation, its name must be added the words in liquidation.
Section 2727 .- The settlement must be made by all partners except to agree to appoint liquidators or that we were already named in the charter.
Section 2728 .- If
covered social commitments and returned the contributions of the
partners, there remain some goods will be considered income and is
shared among the partners as agreed. If there was no agreement, shall be
allocated proportionately to their contributions.
Section 2729 .- Neither
the capital or profits can be distributed only after the dissolution of
the company and upon the payment of the same, unless otherwise agreed.
Section 2730 .- If
society does not remain to be settled enough assets to cover
commitments and return their contributions social partners, the deficit
is considered lost and will be distributed among the partners in the
manner prescribed in the preceding article.
Section 2731 .- If only it has been agreed which should correspond to the partners for profits, will respond in the same proportion of losses.
Section 2732 .- If
any of the partners contributes only industry, but it is estimated
there or been designated fee for it should receive, will observe the
following rules:
I. If
the industrial work could be done by another, their share will be
appropriate because of salaries or fees and the same is observed if
multiple industrial partners;
II. If work is unable to be done by another, their share will be equal to the venture capitalist who has more;
III. If there be only one industrial partner and other capitalist, will be divided equally among themselves the profits;
IV. If
there are several industrial partners and are in the case of Section II
shall bear half of all earnings and divided among themselves by
agreement, and failing that, by arbitration decision.
Section 2733 .- If any industrial partner also contributed some capital, it will be considered separately and industry.
Section 2734 .- If
at the end of any society in which capitalists and industrial partners,
reveals that there were no profits, all capital will be distributed to
donors.
Section 2735 .- Unless otherwise agreed, the industrial partners not liable for the losses.
CHAPTER VI
Of foreign legal persons of a private
Section 2736 .- The
existence, capacity to have rights and obligations, performance,
transformation, dissolution, liquidation and merger of foreign legal
persons of a private nature is governed by the law of its constitution,
understood as such, one of the state are met requirements of form and
substance required for the creation of such.
In any case, the recognition of the ability of a foreign legal entity which will exceed the right granted under which it was.
When
a foreign person of a private act through a representative, shall be
deemed such a representative, or his substitute, is authorized to
respond to complaints and demands are attempted against that person for
the acts in question.
Section 2737 .- (Repealed).
Section 2738 .- (Repealed).
CHAPTER VII
From Sharecropping Rural
Section 2739 .- The partnership includes sharecropping rural agricultural and cattle.
Section 2740 .- The partnership agreement must be in writing, forming two copies, one for each contractor.
Section 2741 .- Agricultural
sharecropping takes place when a person gives another a rural property
for planting, to share the fruit in the form agreed upon or, failing
agreement, according to local customs, in the concept that the
sharecropper will never reciprocate her work for just under 40% harvest.
Section 2742 .- If
during the term of the contract owner dies the property taken in
partnership, or if the latter is transferred, the partnership will
survive.
If the tenant who dies, the contract may be terminated, unless otherwise agreed.
When
the death of the tenant, has already been done some work, such as
fallow land, pruning trees, or any other work necessary for cultivation,
if the owner terminates the contract, he must pay heirs of the tenant
the amount of such work, as take advantage of them.
Section 2743 .- The
husbandman that hath inheritance in partnership, you can not raise the
crops or harvest the fruits that should be part, without notice to the
owner or his substitute, being on site or within the municipality to
appropriate the property.
Section 2744 .- If
neither the place nor within the municipality are the owner or his
representative may make the harvest the sharecropper, measuring,
counting or weighing the fruit in the presence of two witnesses of any
exceptions.
Section 2745 .- If
the tenant does not comply with the two previous articles, shall be
required to give the owner the amount of fruit, according to the
contract, a set experts appointed by each contracting party. The expert
fees will be paid by the tenant.
Section 2746 .- The landowner may not harvest the crop only when the tenant leaves the plant.
In
this case, observe the provisions of the final part of Article 2744,
and if not, shall apply mutatis mutandis in Article 2745.
Section 2747 .- The
landowner has no right to retain their own authority, all or part of
the fruits that correspond to the tenant, to ensure what he owed on
account of sharecropping.
Section 2748 .- If
the crop fails completely, the tenant has no obligation to pay to seed
for planting has provided the landowner, if the crop loss is partial, in
proportion to that loss, the tenant will be free to pay seed in
question.
Section 2749 .- When
the tenant establishes his room in the field to cultivate, is obliged
to allow the owner to build his house and take drinking water and
firewood need to meet your needs and your family as well as consuming
essential to nurture the grass the animals used in farming.
Section 2750 .- In
concluding the partnership agreement, the sharecropper who has
faithfully fulfilled its commitments, has the same right if the land was
cultivated will be given on new partnership.
Section 2751 .- The
owner has no right to leave their land idle, but the time needed to
regain their fertilizing properties. Consequently, after the period in
each region determined by the municipal authority, according to nature
of crops, if the owner did not begin to grow on its own or through
others, he must give them in partnership according to the custom of
Instead, if requested and provide the necessary conditions of good
repute and creditworthiness.
Section 2752 .- It
takes place sharecropping cattle when a person gives to another a
certain number of animals in order to care for and feed, in order to
share the fruits in the appropriate proportion.
Section 2753 .- Are the subject of this partnership the baby animals and their products such as hides, horsehair, wool, milk, etc..
Section 2754 .- The
conditions of this agreement is governed by the will of those
concerned, but failing agreement shall observe the general custom of the
place, except the following provisions.
Section 2755 .- The
tenant is required cattle to be used in the care and treatment of
animals, the care ordinarily used in things, and if it fails to do so,
shall be liable for damages.
Section 2756 .- The
owner is obliged to guarantee to the tenant possession and use of
livestock and replaced by others, in case of eviction, the animals lost,
otherwise, is responsible for the damages giving rise to non-compliance
the contract.
Section 2757 .- Agreement shall be void to all losses that may result by accident, be borne by the tenant of cattle.
Section 2758 .- The tenant of cattle may not have any head or the offspring, without the consent of the owner, nor does without the former.
Section 2759 .- The tenant of cattle can not do the shearing without notice to the owner, and if it fails to give it apply Article 2745
Section 2760 .- The partnership of cattle during the times agreed and, failing agreement, as long as was customary in the place.
Section 2761 .- The
owner whose livestock are improperly disposed of by the tenant is
entitled to claim, except when it is auctioned at public auction, but
kept on except that corresponds to the tenant, to collect the damages
caused by the lack of notice.
Section 2762 .- If the owner does not require you within sixty days after contract time deceased, it shall be extended for one year.
Section 2763 .- In the case of sale of animals before the end of the sharecropping contract, contractors enjoy the same right.
TWELFTH TITLE
Contracts Random
CHAPTER I
Gaming and Betting
Section 2764 .- The law gives no action to claim what is forbidden game wins.
The Penal Code to indicate which games are prohibited.
Section 2765 .- He
who pays a debt voluntarily banned from the game, or his heirs are
entitled to claim back 50% of what was paid. The other fifty percent
will not be held by the winner, but will be given to public charity.
Section 2766 .- Nothing
in the preceding two Articles shall apply to wagers to be taken as
forbidden because they are analogous to the forbidden games.
Section 2767 .- He
who loses a game or sweepstakes not prohibited, is civilly liable,
provided that the loss does not exceed one-twentieth of his fortune.
Thirty days required by law to demand the gambling debt to which this
article refers.
Section 2768 .- The debt of play or bet prohibited can not be compensated or be converted into an obligation by novation effective civilian.
Section 2769 .- Which
has signed an obligation actually had a debt because of gambling or
wagering prohibited preserved, although the obligation is attributed to
an effective civil cases, the exception that comes from the previous
article, and you can try by all means the real cause of the obligation.
Section 2770 .- If
one game or wager requirement is prohibited any form of title given to
the order or to bearer, the subscriber must pay to the bearer of good
faith, but shall have the right granted by Article 2765
Section 2771 .- When
people serve them the means of luck, not as a bet or game, but common
things to break or finish issues, produce, in the first case, the
effects of self-involvement, and the second, a transaction.
Section 2772 .- Lotteries
or raffles, where permitted, shall be governed, first, by special laws
authorizing them, and second, by police regulations.
Section 2773 .- The
contract between the buyers of lottery tickets and authorized in a
foreign country, not valid in Mexico unless the sale of these notes has
been permitted by the appropriate authority.
CHAPTER II
From Annuity
Section 2774 .- An
annuity is a contract whereby the random debtor agrees to periodically
pay a pension for life of one or more specific persons by providing an
amount of money or movable property following an estimated, whose domain
is transfer course.
Section 2775 .- The annuity can also become a purely free, either by gift or by will.
Section 2776 .- The
annuity contract must be in writing and in deed when the property whose
ownership is transferred this solemnity to be alienated.
Section 2777 .- The
annuity contract may be drawn on the life that gives the capital, on
the debtor or the third party. You may also be constituted in favor of
that or those on whose life is given or on behalf of one or more
different people.
Section 2778 .- Even
when income is constituted for a person who has capital, should be
considered a donation is not subject to the rules that manage the
contract, except in cases that should be reduced or canceled inofficious
Disability you should get.
Section 2779 .- The annuity contract is void if the person on whose life is dead before his execution.
Section 2780 .- It
is also void the contract if the person to whom it is income, dies
within the period prescribed therein, which shall not lose thirty days
from the grant.
Section 2781 .- One
to whom it has been rent by a price, can claim breach of contract, if
the constituent does not give the assurances provided or preserved for
execution.
Section 2782 .- The
only non-payment of pensions does not entitle the pensioner to demand
the repayment of capital or return of the thing given to constitute
rent.
Section 2783 .- The
pensioner, in the case of the previous article, just right to run the
debtor judicially for the payment of rents due and to demand the
assurance of the future.
Section 2784 .- The
rent for the year to enjoy it dies, will be paid in proportion to the
days he lived, but anticipated to be paid in installments will be paid
the total amount of time during the life of the annuitant was begun to
fulfill any .
Section 2785 .- Only
he who is free of charge a rent on their property can have at time of
award, shall not be subject to seizure by a third party right.
Section 2786 .- The above article does not include taxes.
Section 2787 .- If
the rent has been established for food, but can not be seized in the
opinion of the judge to exceed the amount necessary to cover those under
the circumstances of the person.
Section 2788 .- The annuity established on the life of the pensioner, but not extinguished with the death.
Section 2789 .- If
the rent is about the life of another, will not cease with the death of
the pensioner, but is transmitted to his heirs, and only cease with the
death of the person on whose life was established.
Section 2790 .- The pensioner can claim pension only, justifying their survival or the person on whose life the rent was established.
Section 2791 .- If
you pay the annuity has caused the death of the creditor or the man
upon whose life had been established, you must return the capital to set
up or their heirs.
CHAPTER III
Purchase of Hope
Section 2792 .- It's
called hope to purchase contract is to acquire a certain amount, the
fruits of a thing occurring in the allotted time, taking the buyer to do
a risk that these fruits do not come into existence, or the products
uncertain a fact that may be estimated in money.
The seller has the right price come into existence but not the fruits or products purchased.
Section 2793 .- Other rights and obligations of the parties, the purchase of hope, will be identified in the title of sale.
PART THIRTEEN
Guaranty
CHAPTER I
General Guaranty
Section 2794 .- The bond is a contract whereby a person agrees to pay the creditor by the debtor, if it does not.
Section 2795 .- The bond may be legal, judicial, conventional, free or against payment.
Section 2796 .- The
bond can be formed not only for the principal debtor, but of the
guarantor, either one or the other, in their respective case, consent to
the guarantee, either ignore it, whether that contradicts it.
Section 2797 .- The bond can not exist without a valid obligation.
You can, however, an obligation laid on the invalidity of which may be claimed under an exception to purely personal obligation.
Section 2798 .- It
can also provide security in guarantee of future liabilities, the
amount is not yet known, but may not be claimed against the guarantor
until the debt is liquid.
Section 2799 .- The
guarantor may be bound less and not more than the principal debtor. If
any forced more will reduce its obligation to the limits of the debtor.
If in doubt about whether forced by less or the same of the principal
obligation is presumed to be forced by the same.
Section 2800 .- May also require the guarantor to pay an amount in cash, if the principal debtor does not pay a thing or a certain fact.
Section 2801 .- The liability of the guarantor's heirs are governed by Article 1998.
Section 2802 .- The
guarantor must be present to give someone who has the capacity to bind
and assets sufficient to meet the obligation guaranteed. The guarantor
shall mean the jurisdiction of the judge where this obligation must be
satisfied.
Section 2803 .- The
term obligations or to provide regular, the creditor may require bond,
even though the contract has not been made, if after the conclusion of
the debtor without infringing on their property, or intends to leave the
place where payment must be made .
Section 2804 .- If the guarantor shall come to insolvency, the creditor can ask for another meeting the qualifications required by Article 2802.
Section 2805 .- That
must give or replace the guarantor, not filed within the term that the
judge will indicate, at the request of a legitimate party, is obliged to
immediate payment of the debt, but has not expired within it.
Section 2806 .- If
the security is to ensure property management, it will stop if it is
not given within the period agreed or specified by law or by the judge,
except where the law provides otherwise.
Section 2807 .- If the deposit guarantee matter how much the debtor must receive the amount deposited as bail is given.
Section 2808 .- Letters of recommendation to ensure the integrity and solvency of someone, do not constitute bail.
Section 2809 .- If
letters of recommendation were given in bad faith, falsely claiming
solvency recommended that an endorsement is liable for damage that
befell the people are going, by the insolvency recommended.
Section 2810 .- No
responsibility will be held the previous article, if he gave the letter
proved that it was his recommendation that led to deal with their
recommended.
Section 2811 .- Are
subject to the provisions of this title granted bail accidentally by
individuals or companies for certain people, if not extended in the form
of policy, not the publicly announced by the press or any other means,
and not using agents that offer.
CHAPTER II
Effects of the Bond between the Guarantor and the Creditor
Section 2812 .- The
guarantor is entitled to oppose any exceptions that are inherent to the
principal obligation, but not those that are personal to the debtor.
Section 2813 .- The
waiver of the debtor doeth the prescription of the debt, or any other
cause of liberation, or invalidity or rescission of the obligation does
not prevent the guarantor to assert these exceptions.
Section 2814 .- The
guarantor can not be compelled to pay the creditor, without first be
reprimanded by the payer and the excursion is made of their property.
Section 2815 .- The
excursion is to apply throughout the book value of assets of the debtor
to pay the obligation that is terminated or reduced to the part that is
not covered.
Section 2816 .- The excursion will not take place:
I. When the guarantor has expressly waived;
II. In cases of bankruptcy or insolvency of the debtor tested;
III. When the debtor can not be legally claimed within the territory of the Republic;
IV. When the business was paid for the bond is characteristic of guarantor;
V. When
you ignore the whereabouts of the debtor, provided that called it by
edict does not appear, nor has embargoed goods at the place where the
obligation to be performed.
Section 2817 .- For the benefit of discussion make the guarantor, the following requirements are essential:
I. The surety claims the benefit after being required to pay;
II. To
designate assets of the debtor sufficient to cover the credit and which
are within the judicial district in which the payment should be done;
III. Anticipating or secure the costs of discussion competently.
Section 2818 .- If
the debtor acquires property after the request, or if you would
discover the hidden, the guarantor may request the excursion, though not
first ordered.
Section 2819 .- The creditor may require the guarantor to make the excursion in the debtor's assets.
Section 2820 .- If
the guarantor voluntarily or forced by a creditor, makes himself the
discussion and asks term, the judge may give the it believes appropriate
in the circumstances of the people and the qualities of the obligation.
Section 2821 .- The
creditor who meet the requirements of Article 2817, there have been
remiss in promoting the excursion, is responsible for the damages caused
to the surety, and this freedom from obligation until the amount to
reach the goods that have been appointed for the excursion .
Section 2822 .- When
the guarantor has waived the benefit of order, but not for prosecution,
the creditor can pursue in a single trial of the principal debtor and
the guarantor, the more it will retain the benefit of discussion, even
when you give sentence against them.
Section 2823 .- If
there renounced the benefits of order and the guarantor excursion,
being sued by the creditor may report the dispute to the principal
debtor, to render the evidence it sees fit, and if they do not go to
trial for the indicated object, will it hurt the sentence to be
pronounced against the guarantor.
Section 2824 .- The trust that the guarantor has the benefit of discussion, both against the surety as against the principal debtor.
Section 2825 .- Do
not trust a bondsman witnesses certain knowledge for its suitability,
but will be applied by analogy the provisions of Article 2809.
Section 2826 .- The
transaction between the creditor and the principal debtor, the
guarantor takes, but it hurts. The meeting between the guarantor and the
creditor uses, but does not harm the principal debtor.
Section 2827 .- If
there are several guarantors of a debtor for a single debt, answer each
of them for all of it, there being no agreement to the contrary, but if
only one of the guarantors are sued, you do summon others to defend
themselves together, and in due proportion are the result of the trial.
CHAPTER III
Effects of the Bond between the Guarantor and Borrower
Section 2828 .- The
guarantor who pays must be indemnified by the debtor, although it has
not consented to the formation of the bond. If it has been granted
against the will of the debtor shall have no right to collect the surety
so paid, but as soon as he benefited from the payment to the debtor.
Section 2829 .- The guarantor who pays for the debtor must be compensated for this:
I. Of the principal debt;
II. Respective
interests, provided it has paid to the debtor news, even if it is not
bound by reason of the contract to pay the creditor;
III. Of the expenditures made since giving notice to the debtor being required to pay;
IV. Of the damages suffered because of the debtor.
Section 2830 .- The guarantor who pays is subrogated to all rights which the creditor had against the debtor.
Section 2831 .- If the guarantor had compromised with the creditor, the debtor can not demand but it actually paid.
Section 2832 .- If
the guarantor makes a payment without the knowledge of the debtor may
oppose any exceptions it might raise against the creditor at the time of
making payment.
Section 2833 .- If
the debtor, ignoring the payment for lack of notice to the guarantor,
pay again, it may not proceed against it, but only against the creditor.
Section 2834 .- If
the guarantor has paid under court order, probable cause and failed to
make payment to the debtor know, it shall be obliged to compensate it
and may not raise exceptions other than those that are inherent in the
obligation and who have not been opposed by the guarantor, knowing them.
Section 2835 .- If
the debt was a term or condition, and the guarantor's pay before he or
it is expired, can not collect from the debtor but when he is legally
enforceable.
Section 2836 .- The guarantor may, even before paying, require the debtor to secure payment or relieve him of the deposit:
I. If you were sued for payment;
II. If the debtor suffers impairment in their property, so it is in danger of being insolvent;
III. If you intend to leave the Republic;
IV. If forced to relieve him of bail in certain time, and it has expired;
V. If the debt is due by the deadline.
CHAPTER IV
Effects of the Bond between Cofiadores
Section 2837 .- When
two or more sureties of the same debtor and for the same debt, which of
them can claim to have paid each other the proportionally they should
satisfy.
If one of them proves insolvent, that part of it will fall on everyone in the same proportion.
So
you can be held as provided in this Article require that the payment
was made under process, or finding the principal debtor in state
competition.
Section 2838 .- For
the previous article, can the opposing cofiadores you paid the same
exceptions which would have accrued to the principal debtor against the
creditor and not purely personal obligor or guarantor of the payment
made.
Section 2839 .- The benefit of division is not between the guarantors:
I. When the waiver;
II. When everyone is jointly liable with the debtor;
III. When
one or more of the guarantors are bankrupt or are insolvent, in which
case proceed as provided in paragraph 2o. and 3. Article 2837;
IV. In the case of Section IV of Article 2816;
V. When one or more of the fasteners are in one of the cases reported to the debtor in sections III and V of the Article 2816.
Section 2840 .- A
surety who requests the benefit of division only accounts for part of
the insolvent surety or sureties, if the insolvency is prior to the
request, and even by the same bankruptcy, the creditor voluntarily makes
payment in proportion as the guarantor without claim.
Section 2841 .- He
who trusts the guarantor in the event of insolvency of the latter, is
liable to the other sureties, on the same terms as would the surety
credit.
CHAPTER V
Termination of the Deposit
Section 2842 .- The obligation of the guarantor is extinguished at the same time as the debtor and for the same reasons as other obligations.
Section 2843 .- If
the obligation of the debtor and the guarantor is confusing, because
one inherits the other, does not extinguish the obligation of the
guarantor that he trusted.
Section 2844 .- The
release made by the creditor to one of the guarantors, without the
consent of the other, take advantage of all the far reaches of the
surety who has been granted.
Section 2845 .- The
guarantors, even if they are supportive, are freed from their
obligation if the creditor's fault or negligence can not be subrogated
to the rights, privileges or mortgages the same creditor.
Section 2846 .- The expected extension granted to the debtor or the creditor without the consent of the guarantor extinguishes the bond.
Section 2847 .- The
discharge reduces bail in the same proportion as the principal debt,
and extinguished in the event that, under it, the principal obligation
to be subject to new charges or conditions.
Section 2848 .- The
guarantor is bound by certain time, is released from its obligation if
the creditor does not require the debtor to court for compliance with
the obligation, within one month following the expiration of the
deadline. You will also be free of his obligation the surety, the
creditor, without cause, to stop promoting for more than three months in
the lawsuit filed against the debtor.
Section 2849 .- If
bail was granted for an indefinite period, is entitled the surety when
the principal debt becomes due, ask the creditor to promote court,
within one month, the fulfillment of the obligation. If the creditor
does not exercise their rights within the time period, or if the lawsuit
filed fails to promote, without cause, for more than three months, the
surety shall be relieved of its obligation.
CHAPTER VI
The legal or judicial security
Section 2850 .- The
surety to be given by operation of law or court order, unless the
guarantor is a credit institution, real estate must be registered with
the Land Registry and a value sufficiently guarantees the obligations of
contract.
When
the bond is to ensure the fulfillment of an obligation to an amount not
exceeding one thousand dollars does not require that the guarantor has
real estate.
The bond can be replaced by a pledge or mortgage.
Section 2851 .- To
give a legal or judicial security for over a thousand pesos, will
present a certificate from the Registrar's Office, to demonstrate that
the guarantor has sufficient real estate to meet compliance with the
obligation to guarantee.
Section 2852 .- The
person to whom bail is granted, within a period of three days, give
notice of the grant to the Public Registry, so that the foil for the
real estate which was appointed to check the creditworthiness of the
guarantor, will make a notation on the granting of bail. Extinguished it
within the same period of three days notice shall be given to the
Public Registry, in order to make the cancellation of the notation.
The lack of notice to be responsible to give them, the damages that failure originates.
Section 2853 .- In lien certificates issued by the Public Registry will include the notations of the previous article that speaks.
Section 2854 .- If
the guarantor alienate or encumber real estate property whose entries
are listed as provided in Article 2852, and the operation is the
insolvency of the guarantor, it shall be deemed fraudulent.
Section 2855 .- The
legal or judicial surety may not ask the excursion of the principal
debtor's assets, nor those who trust those surety may request the
excursion of these, nor the debtor.
PART FOURTEEN
From Pledge
Section 2856 .- The garment is a real right on a movable up disposal to ensure compliance with an obligation and a preference payment.
Section 2857 .- There
may also be a pledge pending the fruits of real estate that must be
collected in time. To make this pledge to take effect against third need
to enroll in the Public Registry to appropriate the property in
question.
That pledge will bear fruit is considered as a repository for them, unless otherwise agreed otherwise.
Section 2858 .- To have to set up the garment must be delivered to the creditor, real or legally.
Section 2859 .- It
is understood the pledge legally delivered to the creditor, when he and
the debtor agree that it is held by a third party, or when it is held
by the debtor because it has so provided with the creditor or expressly
authorized by law.
When
the garment is retained by the debtor, becomes effective against third
parties must register with the Public Registry. Registration will be
possible only if these are goods that are capable of unambiguously
identified and if the registry under Regulation may be subject to
registration.
The debtor can use the garment to remain in their possession on the terms agreed upon by the parties.
Section 2860 .- The pledge agreement must be in writing. If granted a private document, will form two copies, one for each contractor.
The pledge shall not take effect against third parties if it has the certainty of the record date, deed or otherwise reliable.
Section 2861 .- When
the thing given as security is a debt that should legally be included
in the Public Registry shall not take effect against third parties the
right of pledge, but since it was entered in the Register.
Section 2862 .- A willingness of stakeholders may be replaced delivery of title to the creditor, deposit it in a lending institution.
Section 2863 .- It
happens that the securities pledged to be amortized by whom issued, the
debtor may, unless otherwise agreed, replace them with others of equal
value.
Section 2864 .- The
creditor who has been pawned a claim has no right, even if the deadline
of the credit determined to charge or to receive the dividend, even if
voluntarily offered by you should, but may both require that the loan
amount is deposited.
Section 2865 .- If
the object pawned were a credit or non-actions or bearer negotiable by
endorsement, that the pledge be legally constituted, must be notified
the debtor of the pawned.
Section 2866 .- Whenever
the garment regardless of credit, a creditor who has in his possession
the title, is obliged to do whatever is necessary to not alter or impair
the right that it represents.
Section 2867 .- It can be a pledge to secure a debt, even without the consent of the debtor.
Section 2868 .- No one can pledge the affairs of others without authorization from the owner.
Section 2869 .- If
proper proof that the owner lent his thing to another in order that the
pawned it, it will be pledged as if any made by the same owner.
Section 2870 .- It
may be a pledge to secure future obligations, but in this case can not
be sold or win the thing pledged, without proof that the principal
obligation was legally enforceable.
Section 2871 .- If
any man promised to pledge a certain thing and not been delivered,
either with or without fault, the creditor can ask to deliver the thing,
give up the term of the obligation or it is terminated.
Section 2872 .- For
the previous article, the creditor may not seek to deliver the thing,
if it has passed into the hands of a third party under any legal title.
Section 2873 .- The lender acquired by undertaking:
I. The right to be paid their debt to the price of the thing pledged, with preference provided for in Article 2981;
II. The right to recover the pledge of any holder, not excepting the same debtor;
III. The
right to be indemnified for necessary and useful expenses shall do to
keep the thing pledged, unless you use it by agreement;
IV. The
demand from the debtor other item or the payment of the debt even
before the agreed period, if the thing pledged is lost or corrupted is
not at fault.
Section 2874 .- If
the creditor is disturbed in the possession of the pledge, you must
notify the owner to be her advocate, if the debtor does not comply with
this obligation will be responsible for all damages.
Section 2875 .- If the debtor lost the offer of a pledge or any other surety, the creditor is left to accept or cancel the contract.
Section 2876 .- The creditor is obliged:
I. To preserve the thing pledged as their own, and to respond to the damage and prejudice suffered by the fault or neglect;
II. To
restore the garment after the debt are paid in full, interest and
maintenance costs of the thing, if you have provided the first and made
the second.
Section 2877 .- If
the creditor abuses the thing pledged, the debtor may demand that it be
than that of deposit or bond to restore it in the condition it was
received.
Section 2878 .- The
creditor abuses the thing pledged, when you use it without being
authorized by agreement or estándolo the order applies to damaged or
different from that which it is intended.
Section 2879 .- If
the debtor alienates the thing pledged or we grant the use or
possession, the purchaser may not require their surrender but to pay the
amount of the secured obligation, with interest and costs in their
respective cases.
Section 2880 .- The
fruits of the thing pledged belonging to the debtor, but if by
agreement perceived by the creditor, the amount shall be allocated first
to the expenses, then interest and capital surplus.
Section 2881 .- If
the debtor does not pay on time and when they had not, when you have an
obligation to do so under article 2080, the creditor may request and
the judge shall order the sale at public auction of the thing pledged,
following a summons to the debtor or which has constituted the garment.
Section 2882 .- The
thing will be awarded to the creditor in the two-thirds of the legal
position, if you can not be sold on terms established by the Code of
Civil Procedure.
Section 2883 .- The
debtor, however, the creditor may agree that it will stay with the
garment in the price is set at the maturity of the debt, but not at the
time of contracting. This agreement can not prejudice the rights of
third parties.
Section 2884 .- May by express agreement to sell the garment out of court.
Section 2885 .- In
any case mentioned in the three previous articles, the debtor may
suspend the transfer to the garment, pay within twenty-four hours,
counting from the suspension.
Section 2886 .- If
the proceeds of sale exceed the debt, deliver the excess to the debtor,
but if the price does not cover all the credit, the creditor is
entitled to sue the debtor for the remainder.
Section 2887 .- Is
any clause that authorizes the creditor to seize the pledge, although
this is of less value than the debt, or dispose of it in the manner set
out in the preceding articles. It is also no clause prohibiting the
creditor from seeking the sale of the thing given in pledge.
Section 2888 .- The law gives the creditor the pledge extends to all the accessories of the thing, and all increases it.
Section 2889 .- The
creditor is not responsible for the eviction of the item sold, unless
it involved fraud on his part or that may have been expressly attached
to this responsibility.
Section 2890 .- The
right and obligation of the garment are indivisible, except in cases
where there is provision to the contrary, however, when the debtor is
entitled to make partial payments and have pawned several objects, or
one that is easily divisible , it will be reduced in proportion to the
payments made, provided that the creditor's rights are effectively
guaranteed forever.
Section 2891 .- Termination of the obligation, either by payment or by any other legal cause, is extinguished the right of pledge.
Section 2892 .- With
regard to pawnshops, which lend money on legal authorization garment,
observe the laws and regulations concerning them, and additionally the
provisions of this title.
PART FIFTEEN
Of Mortgage
CHAPTER I
From General Mortgage
Section 2893 .- The
mortgage is a security right goods are not delivered to the creditor
and which entitles it, in case of default of the secured obligation, to
be paid to the value of the goods, the degree of preference for law.
Section 2894 .- The mortgaged property are subject to the levy, even if they spend a third power.
Section 2895 .- The mortgage can only fall on certain goods especially.
Section 2896 .- The mortgage extends but is not expressed:
I. A natural accessions of the mortgaged property;
II. The improvements made by the owner of the encumbered assets;
III. A
movable object built by the owner permanently to the farm and can not
be separated without undermining it or damage to such items;
IV. To the new owners built the buildings on the mortgaged land, and new floors that rise above the buildings mortgaged.
Section 2897 .- Unless otherwise agreed by the mortgage does not include:
I. The
industrial fruits of the mortgaged property, provided that those fruits
were produced before the creditor to demand payment of their claim;
II. Rents due and unpaid at the time required to comply with the secured obligation.
Section 2898 .- May not be mortgaged:
I. The fruits and revenues of the property outstanding separation that occurs;
II. Objects
permanently placed furniture in buildings, either for ornament or
comfort, or to service any industry, unless you are mortgaged together
with the buildings;
III. Easements, unless they are mortgaged together with the dominant estate;
IV. The right to collect the fruits in the usufruct granted by this Code to the ancestors on the property of their offspring;
V. The use and habitation;
VI. The
property in dispute, unless the source of litigation lawsuit has been
preemptively registered, or if it is stated in Title Establishing the
mortgage that the creditor has knowledge of the case, but in either
case, the mortgage will be outstanding resolution of litigation.
Section 2899 .- The mortgage of a building erected on land outside the area do not understand.
Section 2900 .- Bare
ownership can be mortgaged, in which case if the usufruct will
establish her in the person of the owner, the mortgage will be extended
the same enjoyment if they have been agreed.
Section 2901 .- They
can also be mortgaged assets that are already above, even the covenant
not to re-mortgage, except in any case, the priority rights established
by this Code. The covenant not to re-mortgage is void.
Section 2902 .- The
common property can not be mortgaged, but with the consent of all
owners. The co-owner may mortgage his undivided share and the common
thing to divide the mortgage tax the fair share in the division. The
creditor is entitled to intervene in the division to keep your debtor is
covered by a part of the property value less than its share.
Section 2903 .- The
mortgages on real rights, only last while they still exist, but if the
rights in which it was constituted have become extinct because of that I
enjoyed, it is bound to be a new mortgage to the satisfaction of the
creditor, and otherwise , to pay all damages. If the mortgaged right
regardless of the usufruct, and this concludes the will of the tenant,
the mortgage shall continue until the expiration of the time when the
usufruct would have concluded, not having the middle of the voluntary
act ended it.
Section 2904 .- The mortgage may be constituted by both the debtor and one on his behalf.
Section 2905 .- The owner whose right of either conditional or limited otherwise, the contract must state the nature of your property, if known.
Section 2906 .- You can only mortgage you can sell, and can only be mortgaged properties which may be sold.
Section 2907 .- If
the mortgaged property is done, with or without fault of the debtor,
insufficient for the security of debt, the creditor may require the
mortgage to be improved in the opinion of experts duly guaranteed the
principal obligation.
Section 2908 .- In
the case of the preceding Article shall be subject to the opinion of
experts whether they have diminished the value of the mortgaged property
until it insufficient to meet the principal obligation.
Section 2909 .- If
you'll stay proven failure of the estate and the debtor does not get
better the mortgage terms of Article 2907, within eight days of the
relevant judicial declaration, proceed to collect the mortgage, giving
up the mortgage for all purposes Legal.
Section 2910 .- If
the property was insured and was destroyed by fire or other accident,
it must still remains mortgage on the property, and also the value of
insurance shall be subject to the payment. If the claim is later
achieved, the creditor may demand the retention of insurance, and if not
it may request that this value is imposed to its satisfaction, that the
payment is the deadline. The same was observed with the price that
obtains in the case of occupation by the public interest or judicial
sale.
Section 2911 .- The
mortgage shall remain in full even if you reduce the secured
obligation, and impose any part of the mortgaged property to be
preserved, but the rest has disappeared, but without prejudice to the
provisions of articles below.
Section 2912 .- When
several properties are mortgaged for the security of a loan, it must
determine how much credit each estate answers, and each can be redeemed
from tax, paying the credit guarantees.
Section 2913 .- When
a mortgaged property which could be conveniently divided installments,
shall be apportioned equitably between fractions lien. For this purpose,
shall agree the owner of the property and the mortgagee, and if not
succeed in this agreement, the distribution of the tax court decision
will, after hearing experts.
Section 2914 .- Without
the consent of the creditor, the owner of the mortgaged property can
not grant a lease or agree prepayment of rent, for a term exceeding the
term of the mortgage, under pain of nullity of the contract in excess of
the stated duration.
If
the mortgage has no fixed term, you can not stipulate payment of rent,
or lease for more than a year, if it's country estate, or for more than
two months in the case of urban property.
Section 2915 .- The
mortgage constituted in favor of an interest-bearing loan, does not
guarantee the detriment of third parties, in addition to the capital,
but the interests of three years, unless expressly agreed to guarantee
the interests of longer, it does not exceed the term for the
prescription of interest, and has been taken because of this provision
in the Public Registry.
Section 2916 .- The
mortgagee may purchase the mortgaged in judicial sale, or by
adjudication in cases where this is not another bidder, in accordance
with the stipulations of the Code of Civil Procedure.
You
can also agree with the debtor being awarded in the price to be fixed
by requiring the debt, but not to become a mortgage. This agreement can
not prejudice the rights of third parties.
Section 2917 .- For the constitution of mortgage loans will observe the formalities prescribed in articles 2317 and 2320.
Contracts
to be enshrined in the mortgage granted in connection with the disposal
of land or houses by the Federal District for the constitution of
family patrimony or to poor people, when the value of the mortgaged
property does not exceed the maximum set in Article 730, shall follow
the requirements established in the second paragraph of Article 2317.
Section 2918 .- The foreclosure action shall lapse ten years from that can be exercised in accordance with the registered title.
Section 2919 .- The
mortgage is never implied, or general, to produce effects against third
ever need for registration and will be contracted for in the
agreements, and by necessity, when the law subject someone to provide
such a guarantee on certain goods. In the first case is called
voluntary, in the second, necessary.
CHAPTER II
Volunteer of the Mortgage
Section 2920 .- Voluntary mortgages are those agreed between the parties or imposed by order of the owner of the property on that form.
Section 2921 .- Mortgage
security consisting of a future obligation or registered subject to
conditions precedent shall have effect against third persons from
registration, if the obligation comes to fruition or condition to be
fulfilled.
Section 2922 .- If
the secured obligation was subject to condition subsequent registered,
the mortgage shall cease to have effect on third but from that stated in
the compliance record of the condition.
Section 2923 .- When
the future obligation to contract or the conditions that they treat the
two preceding articles shall request that interested parties will be
noted as well, through a side note to the mortgage registration, without
which they can not take advantage or harm third mortgage constituted.
Section 2924 .- To
be entered in the register compliance with the conditions referred to
in the preceding articles, or the existence of future obligations,
either party shall submit to the registrar a copy of public document
stating so, and failing that, a request by both parties, asking them to
extend the marginal note and stating clearly the facts that should
trigger it.
If
any of the interested parties refuse to sign the request, the other
will go to the courts so that, after the corresponding procedure, issued
by the appropriate decision.
Section 2925 .- Any
act or agreement between the parties, which can modify or destroy the
effectiveness of a mortgage obligation before, no effect against third
parties unless recorded in the register through a new registration, a
total or partial cancellation of a marginal note, as appropriate.
Section 2926 .- The
credit can be transferred, in whole or in part, provided that the
assignment is made in the way for the creation of the mortgage provided
in Article 2917, is given to the debtor and is registered in the
registry.
If
the mortgage has been made to secure obligations to order, can be
transferred by endorsement of the title, without notice to the debtor,
or register. The mortgage constituted to secure obligations to bearer,
shall be transmitted by simply handing the title without any further
requirement.
The
institutions of the Mexican banking system, on its own behalf or as
trustees, other financial institutions, and social security institutions
may assign its mortgage-backed securities without notice to the debtor,
deed or registration the Register, provided that the assignor bring the
administration of the credits. Where the transferor ceases to carry the
administration of claims, the assignee must provide written notice only
the assignment to the debtor.
In
the cases mentioned in the preceding two paragraphs, the registration
of the mortgage in favor of the original creditor will be deemed made on
behalf of the transferee referred to in such paragraphs, who have all
the rights and actions derived from it.
Section 2927 .- The
mortgage usually last as long subsisting obligation to guarantee and
when it does not have terms to maturity, the mortgage may not exceed ten
years.
The parties can point to a shorter term mortgage that of the principal obligation.
Section 2928 .- When
you extend the term of the obligation secured by the mortgage, shall be
deemed extended for the same term, unless expressly allocate less time
to the extension of the mortgage.
Section 2929 .- If
before the deadline is extended for the first time during the extension
and the period indicated on the prescription, the mortgage will retain
the priority that applies to you from the beginning.
Section 2930 .- The
mortgage extended second or more times, just keep the preference
derived from the registration of its establishment by the time referred
to in the preceding article, the other time, or the second or further
extension, only you have the priority corresponds to the date the last
record.
The same was observed in the case that the creditor give a new deadline to pay your credit is.
CHAPTER III
Of Mortgage Required
Section 2931 .- Call
it necessary to express special mortgage and that provision of the law
are required to establish certain individuals to ensure the assets they
manage, or guarantee the claims of certain creditors.
Section 2932 .- The
establishment of the necessary mortgage may be required at any time,
even though the circumstances which would give ground, provided it is to
be discharged the obligation which should have insured.
Section 2933 .- If
the constitution of any necessary mortgage he offer different goods and
stakeholders do not agree on the responsibility you have to weigh about
each, as provided in Article 2912, the courts decide, after consulting
experts.
Similarly
the Court decide the issues that arise among stakeholders on the
sufficiency rating of the property offered for the establishment of any
necessary mortgage.
Section 2934 .- The mortgage will last the same time required that the obligation to guarantee it.
Section 2935 .- They are entitled to request the necessary mortgage for the security of their loans:
I. The heir or participant, on the property divided, as the respective import sanitation or excess goods to be received;
II. Descendants
of goods whose ancestors were mere administrators on their property to
ensure the preservation and return of those, taking into account that
contained in section III of Article 520;
III. Minors and other incapacitated on the property of their tutors, by which they manage;
IV. Legatees, the value of their legacy, if no special mortgage appointed by the testator himself;
V. The
state, towns and public facilities, the property of their managers or
fund to ensure the income of their respective positions.
Section 2936 .- The constitution of the mortgage in the cases under Sections II and III of the previous article can be ordered:
I. In the case of goods that may be mere administrators parents, by the heirs of the minor;
II. In
the case of goods to manage the guardians, the legal heirs and the
curator of the disabled, as well as the Local Council of Guardianship;
III. For the prosecution, if they ask people not listed in the previous sections.
Section 2937 .- The
constitution of the mortgage assets of family children, minors and
other incapacitated, shall be governed by the provisions contained in
Title VIII, Chapter II, Title IX, Chapter IX, Title XI, Chapter I and
III the first book.
Section 2938 .- Those
entitled to require the registration of mortgages necessary, they also
challenge the sufficiency of the offered, and ask for their expansion
when the mortgaged property be made for any reason insufficient to
guarantee the credit in both cases resolved Judge.
Section 2939 .- If
the designated responsible for the mortgage in the fractions II, III
and IV of Article 2935, does not have property, the creditor shall have
no more than the privilege referred to in Article 2995, Section I,
except as provided in Chapter IX of Title IX the first book.
CHAPTER IV
From Extinction of Mortgages
Section 2940 .- Mortgage produce all its legal effects against third parties until it is canceled their registration.
Section 2941 .- May be requested and must be ordered if the extinction of the mortgage:
I. When the mortgaged property is extinguished;
II. When the obligation is extinguished providing insurance;
III. When you solve or extinguish the debtor's right on the mortgaged property;
IV. When expropriated for reasons of public interest on the mortgaged property, observing the provisions in Article 2910;
V. When the farm mortgage foreclosures, have prevented the application of Article 2325;
VI. For the specific reference of the creditor;
VII. In the statement of being prescribed the foreclosure action.
Section 2942 .- The
mortgage extinguished by payment in kind, will revive if payment is not
effective, either because the thing given in payment is lost because of
the debtor and while still in his possession, either because the
creditor loses under eviction.
Section 2943 .- In
the case of the preceding article, if the registration has already been
canceled, will revive only from the date of re-registration, saving
always the creditor the right to be indemnified by the debtor, the
damages which he has followed .
PART SIXTEEN
Transactions
Section 2944 .- The transaction is a contract which the parties making reciprocal concessions, ending a dispute or prevent a future present.
Section 2945 .- The transaction to prevent future disputes, must be in writing if the interest passes to two hundred pesos.
Section 2946 .- The
ancestors and guardians can not compromise on behalf of the people
under their authority or under its custody, unless the transaction is
necessary or helpful to the interests of the disabled and prior judicial
authorization.
Section 2947 .- You
can compromise on the civil action from a crime, but does not thereby
extinguish the public action for the imposition of sentence, or offered
as proof of the crime.
Section 2948 .- You can not compromise on the status of persons and the validity of marriage.
Section 2949 .- Is
this a valid transaction on the financial entitlements of the
declaration of marital status could be deduced for a person, but the
transaction, if so, no matter the acquisition of the state.
Section 2950 .- The transaction will be null:
I. On crime, fraud and blames the future;
II. The civil action that arises from future crime or fault;
III. On future succession;
IV. On an estate before seen will, if any;
V. The right to receive food.
Section 2951 .- There may be compromise on whether due amounts for food.
Section 2952 .- The surety is bound only by the transaction when it agrees.
Section 2953 .- The
transaction, for the parties, the same power and authority of res
judicata, but may also be called the nullity or termination of that as
permitted by law.
Section 2954 .- You can override the transaction when it is due to a degree zero, unless the parties have expressly sought the annulment.
Section 2955 .- When
the parties are instructed to void the title or the dispute is about
the same nullity can compromise valid, provided that the rights referred
to in the title are waived.
Section 2956 .- The transaction took place taking into account documents that have later turned out false court of law is void.
Section 2957 .- The discovery of new securities or documents is not cause to cancel or terminate the transaction if there has been no bad faith.
Section 2958 .- Is null on any business transaction that he decided judicially irrevocable sentence, ignored by stakeholders.
Section 2959 .- In
transactions only lead to eviction when under it gives one party the
other something that was not in dispute and, according to law, which was
lost.
Section 2960 .- When
things are faulty or charges because of that was ignored, has led to
ask the difference resulting from defect or lien on the same terms as
for the thing sold.
Section 2961 .- For the transaction are not transmitted but are declared or recognize rights that are the subject of disputes on which it falls.
The
declaration or recognition of these rights does not require that you do
to guarantee them, and imposes liability in case of eviction, or import
a title proper that the prescription form.
Section 2962 .- Transactions must be strictly construed and its provisions are indivisible unless the parties agree other things.
Section 2963 .- You
may not attempt or claim against the survival value of a transaction,
without first having ensured the return of all received, under the
agreement that wishes to challenge.
PART THREE
FIRST TITLE
Of competition and ranking of claims
CHAPTER I
General Provisions
Section 2964 .- The
debtor is liable for the fulfillment of its obligations with all its
assets, except those who, by law, are inalienable or non-attachment.
Section 2965 .- Should
the bankruptcy if the debtor suspends the payment of civil debt,
liquidated. The declaration of insolvency will be made by the trial
judge, by the procedures set out in the Code of Civil Procedure.
Section 2966 .- Incapacitates
the insolvency of the debtor to continue managing their assets, as well
as any other administration that by law he is entitled, and makes it
the deadline for all debts.
That
statement also produces the effect they stop earning interest of the
bankrupt's debts except mortgage and collateral security, which will
accrue interest thereon, to the extent of the value of the assets that
guarantee.
Section 2967 .- The
funds due will be paid in the order established in this title, and if
satisfied after any remaining funds belonging to the contest, will be
paid the corresponding revenues in the order they were paid capital, but
small interest at the statutory rate to Unless agreed upon was a lower
rate. Just who has enough assets to all creditors paid stay will be
covered at the rate agreed revenues that exceed legal.
Section 2968 .- The
debtor may enter into agreements with its creditors as it deems
appropriate, but those agreements will be precisely duly constituted
meeting of creditors.
The specific agreements between the debtor and any of its creditors will be nil.
Section 2969 .- The
proposition will be discussed and agreements to a vote, the vote of
resolution forming a number of creditors who make up half plus one of
those present, provided that their interest in the competition covers
three-fifths of the liabilities, less the amount of the claims of
creditors who have collateral security mortgage and opted not to go to
the contest.
Section 2970 .- Within
eight days following the conclusion of the meeting at which have
approved the agreement, the dissenting creditors and those who have not
attended the board may oppose the approval.
Section 2971 .- The only cases in which the opposition may be based upon the agreement will be:
I. Defects in the forms prescribed for a conference, celebration and deliberation of the board;
II. Absence of or representation in any of the voters if their vote decided by a majority in number or quantity;
III. Intelligence fraud between the debtor and one or more creditors, or creditors together to vote for the agreement;
IV. Fraudulent credit exaggeration to procure the most amount;
V. The
inaccuracy fraudulent inventory of the assets of the debtor or the
reports of the trustees, to facilitate the admission of the statements
of the debtor.
Section 2972 .- Agreement
approved by the judge shall bind the bankrupt and all creditors whose
credits date back to times before the statement, if they have been cited
in legal form, or when they had notified the approval of the agreement
have not claimed against him in the manner prescribed in the Code of
Civil Procedure, but these creditors are not included in the list for,
or been party to the proceedings.
Section 2973 .- The
mortgagees and collateral security, they need not take part in the
meeting of creditors where the debtor makes proposals, and in this case,
the resolutions of the board does not impair their rights.
If,
however, prefer to have a say in that meeting will be included in the
expectations or remove the board agreed, without prejudice to the place
and level appropriate to the title of your credit.
Section 2974 .- If
the debtor fulfill the agreement null and void its obligations under
the terms stipulated in the same, but if it fails to comply in whole or
in part, be reborn the right of creditors for the amounts that they had
not received your credit early and may any of them apply for a
declaration or continuance of the contest.
Section 2975 .- Not
expressly agreed otherwise mediating between debtor and creditors, they
retain their right to collect the contest ended, property the debtor
acquires then the credit was not satisfied there.
Section 2976 .- Graduate
credits in the order they are classified into the following chapters,
with the priority to be established for each class in them.
Section 2977 .- Attending
various creditors of the same kind and number, will be paid by the date
of their titles, if it shall appear in an indubitable. Otherwise be
paid pro rata.
Section 2978 .- Court costs made by a creditor, in particular, will be paid at the place that should be the credit that has caused.
Section 2979 .- The
credit agreement which comes from fraudulent preference between the
creditor and the debtor loses all preference, unless the fraud comes
from only the debtor, who in this case be liable for damages that are
followed to other creditors as well worth of penalties for fraud.
CHAPTER II
Mortgage loans and collateral security and some other insiders
Section 2980 .- Preferably tax debts will be paid from taxes, the value of the assets that may have caused.
Section 2981 .- The
mortgagees and collateral security, no need to enter the competition to
make the payment of their claims. Actions can deduct their
responsibilities under the mortgage or pledge, in the respective
judgments, to be paid the value of the property to guarantee their
loans.
Section 2982 .- If
there are several mortgagees secured by the same assets can form a
special contest with them, and paid by the date order in which they were
granted mortgages, if they occurred within the legal or the order in
which have recorded liens, if payment is made outside the terms of the
law.
Section 2983 .- When
the value of the property mortgaged or pledged not attain to cover
loans they guarantee, the outstanding balance, enter the contest, the
creditors concerned and will be paid as third-class creditors.
Section 2984 .- For
the pledgee enjoyment of the right granted by Article 2981, it is
necessary that when the garment I shall have been delivered in the first
of the procedures established in Article 2859, keep it in power or who
without any fault has lost its possession, and when he shall have been
delivered in the second form referred to in that article, has not agreed
to the debtor or the third party depository that holds it in his power
to give to another person.
Section 2985 .- The price of the property mortgaged or pledged, shall be paid in the following order:
I. The costs of the respective trial and causing sales of such property;
II. Upkeep and management of such property;
III. The debt insurance of the goods themselves;
IV. Mortgage
loans in accordance with Article 2982, payment within the revenues of
the last three years, or collateral security loans, according to date,
and its revenues over the last six months.
Section 2986 .- To
be paid with marked preference claims falling in fractions II and III
of the preceding article, are a prerequisite that the first have been
necessary, and the latter stating authentically.
Section 2987 .- If
the contest reaches the period required to decide sentence for
graduation, without collateral security mortgage lenders or make use of
their rights granted by Article 2981, the competition will sell the
property and deposit the amount of credit and the corresponding revenues
, observing, where appropriate, provisions relating to the absent.
Section 2988 .- The
contest is entitled to redeem mortgage and collateral security taxes
that weigh on the debtor's assets or pay debts that especially meet some
of these and then these goods become part of the background of the
contest.
Section 2989 .- Workers
are not required to enter the contest for them having to pay credits
for wages or salaries earned in the last year and compensation. Deducted
from your claim to the appropriate authority and in pursuance of the
decision is issued, be disposed assets that are necessary for the claims
in question are paid in preference to any others.
Section 2990 .- If
among the assets of the debtor shall be found including movable or
immovable property acquired by inheritance and forced the author of the
inheritance of certain creditors may request that they be separated and
form those special contest to the exclusion of other creditors of the
debtor themselves.
Section 2991 .- The right recognized in the preceding article shall not take place:
I. If
the separation of property does not ask within three months from the
beginning of the contest or from acceptance of the inheritance;
II. If creditors already done novation of the debt or otherwise have accepted personal responsibility for the heir.
Section 2992 .- Creditors
who have obtained a separation of property may not enter the contest of
the heir, but does not reach to cover their loans.
CHAPTER III
Preferred some creditors on Certain Goods
Section 2993 .- With the value of the goods mentioned preferably be paid:
I. The debt for salvage charges, with the value of the thing saved;
II. The
debt incurred prior to the competition, specifically to perform works
of rigorous conservation of some goods, the value thereof, provided it
is proved that the amount borrowed was used in these works;
III. The credits referred to in Article 2644, the price of the work space:
IV. Credits for seeds, growing and harvesting costs, the price of the harvest to serve and that is in the possession of the debtor;
V. Credit for freight, with the price of the goods transported, if they are in possession of the creditor;
VI. Credit for housing, with the price of the furniture of the debtor that are in the house or establishment where you are staying;
VII. The
credit of the landlord, the price of property liens that are within the
leased property or the price of the fruits of the harvest if the estate
regardless respective rustic;
VIII. The
credit comes from the price of goods sold and not paid, the value of
them, if the creditor makes his claim within sixty days after the sale,
if made in cash, or expiration, if the sale was term.
In the case of movable property, preference will cease if they have been secured;
IX. The
credits listed in the Land Registry, under court order for seizure,
attachment or execution of judgments against the property listed and
only in terms of loans later.
CHAPTER IV
Creditors of First Class
Section 2994 .- Paid creditors mentioned in the previous two chapters and the value of all assets remaining will be paid:
I. Common legal costs in the terms established by the Code of Procedure;
II. The cost of rigorous conservation and management of assets bankrupts;
III. Funeral
expenses of the debtor, provided their social position, and also those
of his wife and children under their custody and had no separate
property;
IV. The
expenses of the last illness of the persons mentioned in the previous
section, made in the last six months preceding the date of death:
V. The
food credit for trusting the debtor for their livelihood and your
family in the six months prior to the formation of the competition;
VI. The
liability on the part that includes the payment of medical expenses or
funeral of the victim and pensions by way of food due to their families.
In regard to the obligation to repay, since this returns another's
property, is not in competition, and it touches the other allowances
paid for the crime, shall be paid as if it were common creditors fourth
class.
CHAPTER V
Creditors Second Class
Section 2995 .- Paid credits above shall be paid:
I. The credits of the persons included in sections II, III and IV of Article 2935, which have not demanded the necessary mortgage;
II. Appropriations
for the Treasury that are not included in Article 2980 and credits
referred to in section V of article 2935, which are not guaranteed as
there prevented;
III. The credit facilities of public or private charity.
CHAPTER VI
Creditors Third Class
Section 2996 .- Satisfied credits that has been said above, the credits will be paid public deed or any other authentic document.
CHAPTER VII
Class Four Creditors
Section 2997 .- Paid credits listed in the preceding chapters, will be paid credits consisting of a private document.
Section 2998 .- With
the remaining assets shall be paid all other claims not covered by the
above provisions. Payment will be made pro rata, without regard to
dates, or the origin of the credits.
TITLE TWO
Public Record
CHAPTER I
Your Organization
Section 2999 .- The
Public Record Office was established in the Federal District and
located at the place determined by the Head of the Federal District.
Section 3000 .- The Public Registry will operate under the system and methods that determine the regulation.
Section 3001 .- The
Register shall be public. Those responsible, have the obligation to
allow people who request them to know the seats held by the Public
Record pages and documents related entries are archived. They are also
required to issue certified copies of entries or records contained in
the pages of the Public Registry, as well as certifications exist or no
seating for goods that are brought.
Section 3002 .- The regulations will establish the requirements for the posts required for the operation of the Public Registry.
Section 3003 .- Managers
and employees of the Public Registry, in addition to the penalties
applicable to them for the crimes that may occur, civilly liable for
damages that would result if:
I. Refuse
to admit the title, or if you do not practice the entry of presentation
in the order of entry of the document or notice referred to in Article
3016;
II. Practice a practice to refuse to seat improperly or without probable cause;
III. Retard, without cause, the practice of the seat to lead the recordable document;
IV. Mistakes, inaccuracies or omissions in the seats practice or in the certificates they issue, and
V. Not issue certificates in the statutory term.
Section 3004 .- The
resulting final judgments under the previous article, include
disqualification from office or employment to be paid compensation for
damages if applicable.
CHAPTER II
Common Provisions of filings
Section 3005 .- Only registered:
I. The testimonies of notarial deeds or other authentic documents;
II. The resolutions and court orders stating authentically:
III. Private
documents in this form were valid under the law, provided that at the
bottom of them has the consistency of the notary, the registrar, public
corridor or a judge, made sure of the authenticity of signatures and the
will of the parties. Such records shall be signed by those notaries and
carry the stamp in question.
Section 3006 .- Acts
done or contracts awarded to another federal entity or abroad, shall be
registered only if such acts or contracts in the nature of registrable
under the provisions of this Code and the Regulations of the Public
Registry.
If
the relevant documents written in foreign language appeared and duly
authenticated, must be previously translated by an official expert and
formalized before a Notary.
The
judgments delivered abroad will only be registered if they disagree
with Mexican law and order his execution if the competent judicial
authority.
Section 3007 .- The documents under this Code to be recorded and not recorded, not become effective against third parties.
Section 3008 .- Registration of acts and contracts in the Public Registry has declaratory effect.
Section 3009 .- The
registry protects the rights acquired by bona fide third party, once
registered, but later set aside or resolve the grantor's right, except
when the cause of nullity is clearly the same record. The provisions of
this Article shall not apply to contracts for free, or acts or contracts
that run in violation of the law or grant
Section 3010 .- The
registered right is presumed to exist and belongs to its owner in the
form expressed by the relevant entry. It is also presumed that the
holder of a domain registration or possession, possession of the
property is registered.
No
action may be brought conflicting domain rights of the property or
rights in the same or other rights registered or recorded in favor of a
person or entity, without that prior to the time, brought suit for
annulment or cancellation of registration in the record such property or
right.
If
however precautionary executive trial or compulsory process against
goods or real property, the procedure will be dismissed in respect
thereof or off, as soon as the record shows, for authentic expression of
the Public Registry, that such property or rights are registered in the
name of a person different from that which was decreed against the
embargo or procedure was followed, except that any action directed
against it, as assignee of the owner appearing in the Public Registry.
Section 3011 .- The
general property rights and any charge or limitation of the same or
domain to be enforceable against a third party must appear in the folio
of the farm on that fall, in the manner determined by the Regulations.
The provisions of this Article shall apply to property that, if
appropriate, include: The mortgage industry under the General Law on
Credit Institutions and Auxiliary Organizations, the mortgage on the
enterprise systems, referred to the Law General Communications, and
similar cases under other laws.
Section 3012 .- Case
of real estate, real rights on these or other registrable rights or
annotations, the conjugal partnership shall not take effect against
third parties if it does not registered in the Public Registry.
Either
spouse or other party entitled to seek rectification of the relevant
entry, when some of those assets belong to the marital partnership and
are registered in the name of only one of those.
Of Priority
Section 3013 .- The
choice between real rights on the same farm or other rights shall be
determined by priority of registration in the Public Registry,
regardless of the date of its constitution.
The
real right acquired prior to the date of a notation will be preferred,
even if their registration is later, provided that notice is given that
provided in Article 3016.
If
the notation is filed after the filing of the preliminary notice, the
real motive of this law will be preferred, even if such notice had been
given too late.
Section 3014 .- The
entries in the Public Registry, as they relate to registrable rights or
notations produce all their effects, except for judicial resolution.
Section 3015 .- Priority
among the various documents entered into the Public Registry will
determine the priority for the date and ordinal number corresponding to
submit them for registration, except as provided in the following
article.
Section 3016 .- When
you're given a writing declaring, recognize, acquire, transmit, modify,
restrict, encumber or extinguish the title or possession of real estate
or any real right over them, or without being be registrable, the
Notary or authority to whom the award is made, you should ask the Public
Register certificate for the presence or absence of charges in
connection therewith. The request to take effect in preliminary notice
must include the operation and farm in question, the names of the
contractors and the respective registration record. The registrar, with
this application and no fees charged for this item immediately perform
the introductory note in the respective part of the relevant page, note
which will be valid for a period of 30 calendar days from the date of
filing.
After
signing the deed to produce any of the consequences referred to in the
preceding paragraph, the notary or authority to whom was given
preliminary notice given about the operation in question, the Public
Registry within forty-eight hours and will contain besides the data
mentioned in the preceding paragraph, the date of writing and signature.
The registrar, the notice said, without charging any right almost
immediately for the introductory note, which will be valid for ninety
calendar days from the date of notice. If this occurs within a period of
thirty days for contracts above, its preventive effects are retroactive
to the date of filing referred to in the same paragraph, otherwise, it
shall become effective from the date was presented and by the number of
entries for that.
If
testimony is submitted to the respective Public Registry within any of
the terms that indicate the two preceding paragraphs, your registration
will be effective against third from the filing date of the notice and
under its accession number. If the document is submitted the
aforementioned deadlines closed cases, registering only take effect from
the date of filing.
If
the document containing any of the operations mentioned in the first
paragraph of this article to be private, must give preliminary notice,
valid for ninety days, the notary or the competent court has ascertained
the authenticity of firms and the willingness of the parties, in which
case such notice shall have the same effect as that given by the
notaries in the case of public instruments. If the contract is ratified
before the registrar, it must implement an immediate warning to this
rule refers.
Section 3017 .- The
final registration of a right that has been noted previously, take
effect from the date on which the annotation produced them.
Who can apply for the Registry and Registry Qualification.
Section 3018 .- The
registration or recording of titles in the Public Register can be
ordered by a person having a legitimate interest in being the right to
register or record, or by the notary who has authorized the writing in
question.
Made
the registry, the documents will be returned to that presented in a
note left on that date and registered under this number.
Section 3019 .- To
register or record any certificate shall mention previously registered
or recorded the right of the person who gave him or to be harmed by
registration, unless it is a inmatriculación registration.
Section 3020 .- Registered
or recorded a title, you can not register or sign another date or
before referring to the same property or real right, is opposed or
incompatible.
If
only the seat has been extended presentation, neither can register or
sign up other evidence of the kind expressed above, while the seat is in
force.
Section 3021 .- Registrars
will qualify under the responsibility of the documents submitted for
the practice of any registration or annotation, which suspended or
denied in the following cases:
I. When the title is not presented those required to be registered or recorded;
II. When the document is not extrinsic magazine forms established by law;
III. When
the officials to whom has been granted or grinding the document, have
registered the ability of the grantors or as notorious inability of
these;
IV. When the content of the document is contrary to the prohibitory laws or public interest;
V. When inconsistency between the document text and entries in the register;
VI. When
not individualize the debtor's assets on which constitute a real right,
or not set the maximum to ensure a lien in the case of obligations of
undetermined amount, except in cases provided for in the last part of
Article 3011, when they find the basis for determining the amount of the
secured obligation, and
VII. When missing some other requirement that must fill out the document in accordance with the Code or other applicable laws.
Section 3022 .- The
qualification made by the Registrar may be appealed to the Director of
Public Registry. If this confirms the rating of the injured party may
claim it in court.
If
the court orders that rejected the title register, the registration
will take effect from that first presented the title, if made the
notation referred to in section V of article 3043.
Seat of the adjustment
Section 3023 .- The
rectification of the seats because of material error or concept, only
applies when there is a discrepancy between the title and registration.
Section 3024 .- It
is understood that material error was committed when writing words for
others to omit the expression of some circumstance or mistake the names
or the amounts to the copy of the title without changing the general
sense that the registration or that of any are concepts.
Section 3025 .- It
is understood that misconception is committed when the inscription
expressing any of the contents in the title alter or vary its meaning
because the registration has been made a misjudgment of the same, an
erroneous classification of the contract or act on it recorded or any
other circumstance.
Section 3026 .- In
the case of misconceptions seats practiced in the pages of the Public
Register may be corrected only with the consent of all interested in the
seat.
In the absence of unanimous consent of those concerned, the rectification may be made only by judicial decision.
If the Registrar objects to be observed rectification Article 3022.
In
the case provided by the second paragraph of Article 3012, which
prompted the amendment must accompany the application made to the
registry, the documents that prove the matrimonial regime.
Section 3027 .- The concept grinding will take effect from the date of rectification.
Seat Of Extinction
Section 3028 .- Entries
are not extinguished as to third but its cancellation or for the
registration of the transfer of ownership or real right registered in
favor of another person.
Section 3029 .- The notations are extinguished by cancellation, revocation or for conversion to enrollment.
Section 3030 .- Registrations
and entries may be canceled by consent of the persons on whose behalf
they are made or court order. May nevertheless be canceled at the
request of a party, without such requirements, where the registered
right is extinguished or recorded by operation of law or for reasons
arising from the title under which the registration was performed or
notation, due to the fact that does not require intervention of the
will.
Section 3031 .- For the seat can be canceled by agreement of the parties, it must be recorded in deed.
Section 3032 .- Cancellation of registrations and notations may be total or partial.
Section 3033 .- May be requested and must be ordered in your case, full cancellation:
I. When fully extinguish the property subject to registration;
II. When extinguished, too full, the right registered or recorded;
III. When the invalidation of the title under which the registration was made or notation;
IV. When the invalidation of the seat;
V. When the property is sold legally to report the tax as provided in Article 2325, and
VI. When
the case of mortgage or seizure, after two years from the date of the
seat, the person concerned has promoted in the corresponding trial.
Section 3034 .- Can be ordered and decreed, if the partial cancellation:
I. When reducing the property subject to registration or notation, and
II. When reducing the right registered or recorded.
Section 3035 .- The
notations, whatever its origin will expire three years from their date,
except those to which they set a shorter shelf life. However, at the
request of a party or by order of the authorities who decreed, may be
extended one or more times, for two years each, provided that the
extension is scored before the expiration of the seat.
The
expiration of the seat to extinction by the respective mere passage of
time, but any interested party may apply in this case to register the
cancellation of that entry.
Section 3036 .- Cancelled a seat, presumably extinguished the right to that seat is concerned.
Section 3037 .- Parents
as managers of the assets of their children, guardians of minors or
incapacitated and any other administrators, although eligible to receive
payments and give receipts can only consent to the cancellation of
registration made on behalf of their constituents, in the case of
payments or by judicial decision.
Section 3038 .- The cancellation of the registration of mortgages as collateral for securities transferable by endorsement, can be made.
I. Presenting the deed for which credits are claimed, which must contain unused titles have endorsed in the act of grant, and
II. By offering payment and appropriation of the amount of titles, processed and resolved in accordance with statutory provisions.
Section 3039 .- Registration
of mortgages in order to ensure bearer securities will be canceled if
it is done entirely recorded by notarial deed, be collected and held by
the issuance of the debtor duly rendered useless.
Total
cancellation shall also, if presented, at least three-quarters of the
bearer shares issued and ensure the payment of the remainder, stating
their amount and the applicable interest. Cancellation in this case
should be agreed by a court, subject to the procedures set out in the
Code of Civil Procedure.
Section 3040 .- Registrations
may be canceled partially mortgage in question, presenting affidavit
attesting be collected and held by the debtor duly unused, securities of
equivalent value to the amount of the mortgage partial attempt to
extinguish it, provided that such securities ascend, at least one-tenth
of the total emission.
Section 3041 .- You
can also cancel all or part of the mortgage to ensure both nominative
and bearer by consent of the common representative of the holders of
securities, provided it is authorized to do so and declare on my honor
that has received the amount by which is canceled.
CHAPTER III
Registration of Real Property and recordable title and annotate
Section 3042 .- At the Public Registry of Real Property shall be recorded:
I. The
titles which are believed to declare, recognize, acquire, transmit,
modify, limit, or extinguish the domain serious, original ownership and
other interests in land;
II. The constitution of the family patrimony;
III. Leases of property, for a period exceeding six years and those that have advance of rents for more than three years, and
IV. Other titles that the law expressly directs to be registered.
Section 3043 .- Previously be recorded in the Public Register:
I. Claims relating to property ownership or constitution, declaration, modification or termination of any real right thereto;
II. The command and the act, however, that cash has been made in property of the debtor;
III. The
application filed to enforce contracts or to shape preparatory to the
act or legal contract entered into, where its purpose real estate or
rights thereon;
IV. Judicial decisions ordering the kidnapping or prohibiting the alienation of immovable property or real rights;
V. The titles presented to the Public Registry and whose registration has been denied or suspended by the Registrar;
VI. The legal or judicial surety, in accordance with the provisions of Article 2852;
VII. The decree of expropriation and temporary occupation and disclaimer of domain, real property;
VIII. The judgments in amparo ordering the temporary suspension or permanent, in relation to properties on the Public Registry and
IX. Any other title that is recorded in accordance with this Code or other laws.
Effects of Annotations
Section 3044 .- The
notation will harm any purchaser of the property or real right referred
to in the annotation, whose acquisition is later than the date of that,
and if necessary, give priority to the claim on any other date after
annotation.
In
the case of fractions IV and VIII of Article 3043 shall at the close of
registration in terms of its resolution. In the case of Section VI, the
annotation will not produce another effect that prescribed by Article
2854.
In
the case of Section VII, the entry for the record will only involvement
in the registration of the property on which was the subject of the
statement, but suffice concerning the publication of the decree in the
Official Journal of the Federation to be subject to result thereof, both
the owner or possessor, as third parties involved in any act or
contract after such publication, in respect of affected property and
shall be final registration appropriate to the grant of the respective
deed, except when expressly provided by any law in stating that this
requirement is not necessary.
Section 3045 .- Except
where the annotation close the registration, the immovable property or
real rights may be alienated or encumbered noted, but without prejudice
to the right of the person to whom it made the annotation.
From Inmatriculación
Section 3046 .- The
inmatriculación is the registration of ownership or possession of a
property in the Public Registry of Property, which has no registration
record. For any of the procedures referred inmatriculación the following
articles, is a prerequisite that the Public Registry to issue a
certificate stating that the property in question is not enrolled in the
terms specified in the administrative arrangements for the effect is
issued.
The Director of Public Registry may gather information from other administrative authorities.
The
inmatriculación interested in the ownership or possession of a property
may elect to obtain by court decision or by administrative decision, in
terms of the following provisions:
I. The inmatriculación by court order is obtained:
a) Using domain information, and
b) By possessory information.
II. The inmatriculación obtained an administrative decision:
a) By registering the decree which is incorporated into federal or local public real estate;
b) By registering the decree that were divested in the public domain property, or a certificate issued based on this decree;
c) By registering a reliable and sufficient title to acquire ownership of property, in terms of section 3051 of this Code;
d) By registering ownership of a property purchased by positive prescription, in terms of section 3052 of this Code, and
e) Through
the registration of the possession in good faith of a building that
meets the eligibility requirements for prescribing, in terms of section
3053 of this Code.
Inmatriculación by court
Section 3047 .- In
the case of domain information referred to in paragraph a) of Section I
of the previous article, which has owned property for the time and to
prescribe the conditions set forth in Book II, Title VII, Chapter II of
the Civil Code and has no title or, having it is not liable for faulty
enrollment may occur before the judge to certify the prescription by
paying the appropriate information, on the terms of the applicable
provisions of Code of Civil Procedure.
Duly
verified the requirements of the prescription, the judge declared that
the holder has become the owner under the prescription and this
statement will be titled and registered in the Public Registry of
Property.
Section 3048 .- In
the case of possessory information, referred to paragraph b) of Section
I of Article 3046, which has a bona fide possession of fit to
prescribe, of property not registered in the Public Registry of Property
for any person, even before the expiry of the time required to
prescribe, you can register your possession by judicial decision issued
by the competent judge.
For
this, you should follow the procedure established by the Code of Civil
Procedure for the information referred to in Article 3047.
The
effect of registration will be recorded as having possession capable of
producing the prescription, when the period of five years from the date
of registration.
The
inscriptions express the circumstances of possession required for those
prescribed in the Regulations of the Public Registry.
Section 3049 .- Anyone
who considers himself entitled to the property whose ownership or
possession is requested to register by a court may enforce it to the
judge.
The
filing of the opposition suspended the proceedings of information, if
it were already completed and approved, should the judge to demand the
attention of the Director of Public Property Registry to suspend
registration, and if they were made, to note that demand.
If
the opponent six months allowed to elapse without promoting the
opposition procedure will void it, and it sat in its case, the
cancellation may be appropriate.
Inmatriculación by Administrative Resolution
Section 3050 .- The
inmatriculación administrative decision made by the Director of Public
Registry of Property, who ordered the plane in the cases provided for
under a) and b) of Section II of Article 3046.
Section 3051 .- Whoever
is in the case provided for in subsection c) of Section II of Article
3046, may occur directly at the Public Registry of Property to seek
inmatriculación, which will be ordered if the following conditions are
met:
I. Proving ownership of the property through a reliable and sufficient title to acquire;
II. Stating
that the title has more than five years old prior to the date of
application, or display the title or titles of their causes with
seniority above, journals that can be reliable and sufficient to acquire
the property;
III. Expressing under oath if owning the land or the name of the holder in your case, and
IV. Accompanying the records relating to the status of the property cadastre and property taxes, if any.
Section 3052 .- Whoever
is in the case of paragraph d) of Section II of Article 3046, may occur
directly at the Public Registry of Property to prove that prescription
has operated under the following procedures:
I. The applicant shall submit application to state:
a) Your full name and address;
b) The precise location of the property, area, adjacencies and measures;
c) The date and cause of his property, which consists of the fact or act giving rise to it;
d) That the possession relied in good faith;
e) The name and address of the person who obtained the petitioner in his case, and the cause of that if known, and
f) The name and address of the neighbors.
II. The application referred to in the preceding section, the applicant must submit:
a) The document which certifies the origin of the possession, if such document exists;
b) A plan approved by an engineer degree in which it identifies as indubitable the property, and
c) Records relating to the status of the property cadastre and property taxes, if any.
III. Receiving
the request the Director of Public Registry of Property will make
knowledge, by certified mail, return receipt requested, the person who
obtained possession and its cause, if known, as well as the adjacent,
pointing within nine working days to express their rights as far as
appropriate.
The
Director of Public Registry of Property, in addition, cause to be
published edicts to notify people that may be considered disadvantaged
at the expense of interest in once in the Official Gazette of the
Federal District and in a newspaper of the most circulation, in the case
of urban real estate. If they be rustic land, will also be published
only once in the Official Journal of the Federation;
IV. If
any opposition from the people mentioned in the preceding section, the
Director of Public Registry will terminate the procedure, in order that
the dispute decided by a judge;
V. If
there is not opposition, the Director of Public Registry shall specify
the day and time for a hearing in which the applicant must prove his
possession in concept of owner and by the time required by this Code to
prescribe, by means that will produce conviction among which will be
essential to the testimony of three witnesses who are residents of the
building whose inmatriculación requested.
The
Registrar General may extend the examination of witnesses with
questions as he deems appropriate to ensure the veracity of his
statement, and
VI. The
administrative decision of the Director of Public Registry of Property
will be delivered within eight days following the conclusion of the
hearing referred to in the preceding section, granting or denying
inmatriculación and declaring in the first case that the owner has made
it clear the background and circumstances which under this Code are
required to acquire under the prescription, the resolution must state
the grounds on which it rests.
Section 3053 .- Whoever
is in the case of subparagraph e) of Section II of Article 3046, may
occur directly at the Public Registry of Property evidencing possession
of a property, suitable for prescribing in accordance with the procedure
laid down in the previous article, with except that the hearing
referred to his section V, the applicant must prove his present
possession, by the media to produce conviction to the Director of Public
Registry, which will be essential between the testimony of three
witnesses who are residents of the building whose inmatriculación
requested.
Section 3054 .- If
the opposition referred to Section IV of Article 3052 was presented
after completion of the procedure and approved inmatriculación, the
Director of Public Property Registry shall suspend the registration if
it had not practiced, and if they were made, cited note the opposition
in the respective entry.
If
the opponent let six months pass without promoting the view that if
appropriate, the opposition shall be void and cancel the annotation.
Common Provisions
Section 3055 .- Anyone
who has obtained judicial or administrative registration of ownership
of a property, once five years have elapsed, if the possession is in
good faith, may occur to the Director of Public Registry of Property to
order the registration of the property acquired by positive
prescription, in the folio for the registration of possession, who
ordered the applicant provided proving conclusively to have continued in
possession of the property with the conditions prescribed, with no one
seat that contradicts the registered office.
Section 3056 .- Once
the court or administrative order inmatriculación ownership or
possession of a building and covered the payment of the respective
rights, will be registered in the relevant page.
Section 3057 .- The
inmatriculación made by court decision or by administrative decision,
may not be amended or canceled except by judicial mandate contained in
irrevocable sentence handed down in court as they have been part of the
Director of the Public Registry of Property.
Section 3058 .- Information
will not be registered or administrative judicial office, or the domain
for the violations of urban development programs or declarations of
use, destinations and reservations of land issued by the competent
authority, or have not met the applicable legal in matters of division
and occupation of land, unless the case of programs to regularize the
land approved by the authority.
Registration System
Section 3059 .- The Regulations shall establish the system under which the pages should be the Public Registry and practiced the seats.
The first registration of each farm will be domain or possession.
Section 3060 .- The presentation notes seats and express:
I. The date and number of entry;
II. The nature of the document and the official who authorized;
III. The nature of the act or transaction in question;
IV. Property or rights subject the holder, stating the amount, if it consists, and
V. The names of those concerned.
Section 3061 .- Seats registration must state the following circumstances:
I. The
nature, location and boundaries of the properties subject to the
registration or which affect the right to be entered, its superficial
extent, name and number if it consists in the title and references to
the previous record and cadastral regulations to prevent ;
II. The nature, extent and conditions of the right concerned;
III. The value of the property or rights referred to in the preceding sections, when under the law to be expressed in the title;
IV. In
the case of mortgages, the secured obligation, the time may be
enforced, the amount thereof or the maximum amount insured in the case
of obligations of undetermined amount, and the proceeds, if caused by
them, and the date from which must run ;
V. The
names of the persons or entities in whose favor the registration is
made and from whom they proceed immediately the goods. When the title
expresses nationality, place of origin, age, marital status, occupation
and address of the interested parties, shall refer to these data in the
registration;
VI. The nature of the act or legal business, and
VII. The date of the title number, if any, and the official who approved it.
Section 3062 .- The
notations contain the circumstances expressed in the preceding article,
as resulting from the documents and, at least scored the estate or
right, the person who favors the entry and the date thereof.
Which
owe their origin to seizure or sequestration, expressed the proceedings
which have resulted in the former and the amount of the obligation that
originated there.
The
coming of a declaration of expropriation, limitation domain or
occupation of immovable property shall show the date of the respective
decree, that of its publication in the Official Journal of the
Federation and to charitable causes that serve the statement.
Section 3063 .- Seats for cancellation of a registration or notation, expressed:
I. The kind of document under which practice the cancellation date and number, if any, and the officer authorizing it.
II. The cause for the cancellation is made;
III. The name of the person at whose request or with whose consent verify the cancellation;
IV. The expression of being fully or partially off the seat in question, and
V. In
the case of partial cancellation, the part that secretes or has
disappeared from the property, or to reduce the right and subsisting.
Section 3064 .- These
records must contain the information to correlate the farms or seats to
which they relate and, where appropriate, the fact that they try to
prove, and the document by which it spreads.
Section 3065 .- The
requirements according to the above articles should contain seats, may
be omitted when the record appearing on other farm, making reference
only to the seat that contains them.
Section 3066 .- All
seats, the kind they are, must be signed by the registrar and to
express the practice date and the date and seat number of presentation.
Section 3067 .- The
seats of the Public Registry will not take effect until they are signed
by the registrar or officer to replace it, but the firm may be required
by those who have the title certified to have been registered.
The
seats may be canceled by court after hearing the interested when BEEN
substantially altered the seats and in case you have changed data
relating to the property in question or the rights registered or owner
thereof, without prejudice regarding the correction of errors,
inaccuracies or omissions.
Section 3068 .- The
invalidity of the seats referred to in the preceding article shall not
prejudice the rights previously acquired by third parties, protected
under Article 3009.
CHAPTER IV
Registration of Personal Property Transactions
Section 3069 .- It is recorded in the pages of property operations:
I. The contracts for the sale of property subject to conditions precedent referred to Section II of Article 2310;
II. The contracts of sale of personal property which the seller retains ownership of them, referred to Article 2312, and
III. The pledge agreements mentioned in Article 2859.
Section 3070 .- Any entry is made in the pages of property shall state the following:
I. The names of the contractors;
II. The nature of the cabinet with the property or signals that serve to identify it unambiguously;
III. The price and payment under the contract and, where applicable, the amount of credit secured by the pledge;
IV. The practice date and signature of the registrar.
CHAPTER V
Registration of Legal Persons
Section 3071 .- In the pages of legal persons shall be entered:
I. The instruments which constitute, reform or dissolve societies and associations and their statutes;
II. Instruments
that contain the notarization of the statutes of foreign societies and
associations and civil reforms, prior authorization in the terms of
Articles 17 and 17 A of the Foreign Investment Law, and
III. Foundations and private charities.
Section 3072 .- The entries relating to the establishment of legal entities, shall contain the following information:
I. The name of the grantors;
II. The name or denomination;
III. The purpose, duration and address;
IV. Social capital, if any, and the contribution that each partner must contribute;
V. How to allocate profits and losses, if any;
VI. The name of the managers and the powers to be granted;
VII. The nature of the unlimited liability partners and when we had it, and
VIII. The date and signature of the registrar.
Section 3073 .- Other
inscriptions are carried out in the pages of legal persons, expressed
essential information as the act or contract resulting from the
respective title.
Section 3074 .- Entries
that are carried out on the pages relating to movable and moral people
will not produce more effects than those specified in Article 2310,
paragraph II, 2312, 2673, 2694 and 2859 of this Code and shall be
applicable to records provisions relating to real estate, they are
compatible with the nature of the acts or contracts concerning it and
the previous chapter and the effects that the entries occur.
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