Federal Civil Code of the United States of Mexico - BOOK FOUR Obligations PART General Obligations FIRST TITLE Sources of Obligations CHAPTER I Contracts

BOOK FOUR

Obligations

PART

General Obligations

FIRST TITLE

Sources of Obligations

CHAPTER I

Contracts

Section 1792 .- Agreement is the agreement of two or more persons to create, transfer, modify or extinguish obligations.

Section 1793 .- The agreements that produce or transfer obligations and rights, taking the name of contracts.

Section 1794 .- For the existence of the contract requires:

I. Consent;

II. An object can be the subject of the contract.

Section 1795 .- The contract may be invalidated:

I. Legal incapacity of the parties or one of them;

II. By defects of consent;

III. Because its object or motive or purpose is illegal;

IV. Because consent is not expressed in the manner provided by law.

Section 1796 .- Contracts are perfected by mere consent, except those who should be in a form established by law. Since perfect bind the contracting parties, not only to compliance with the expressly agreed, but also the consequences, according to their nature, are in accordance with good faith, use, or the law.

Section 1797 .- The validity and enforceability of contracts can not be left to one party.

Capacity

Section 1798 .- They are working to engage all persons not exempted by law.

Section 1799 .- The inability of the parties can not be asserted by the other for their own benefit, unless it is indivisible object of the law or the common obligation.

Representation

Section 1800 .- One skilled in recruiting, you can do by himself or by another legally authorized.

Article 1801 .- No one can contract on behalf of another without being authorized by him or by law.

Article 1802 .- Contracts on behalf of another for whom it is not his legal representative, shall be null, unless the person whose name it was signed, the ratification prior to retract by the other party. Ratification must be made with the same formalities required for the contract required by law.

If ratification is not obtained, the other contracting party shall be entitled to seek damages who improperly hired.

Consent

Section 1803 .- Consent may be express or implied, this will be the following:

I. - Be expressed when the will is expressed verbally, in writing, by electronic, optical or any other technology, or by unmistakable signs, and

II .- The implicit result of facts or acts which presuppose or authorized to assume, except in cases where by law or agreement will be made expressly.

Article 1804 .- Any person proposing to another holding a contract, fixing a deadline to accept, is bound by his offer until the deadline.

Article 1805 .- When the offer is made to a person present, without fixing a deadline to accept, the offeror shall cease if the acceptance is not made immediately. The same rule applies to the offer made by telephone or other electronic, optical or other technology that allows the expression of offer and acceptance of it immediately.

Article 1806 .- When a bid is made without any fixed term to a person not present, the offeror will be bound for three days, plus the time required to return public regular mail, or judged to be enough, not having email public, according to the distances and the ease or difficulty of communications.

Section 1807 .- The contract is formed when the proposer receives acceptance, being bound by his offer, according to previous articles.

Section 1808 .- The offer made is deemed not removed if the author and the recipient receives the withdrawal before the offer. The same rule applies to the case of withdrawal of acceptance.

Section 1809 .- If at the time of acceptance the proposer has died, regardless of the acceptor without knowing his death will be the heirs of that required to sustain the contract.

Section 1810 .- The proponent will be free of your bid when the response you receive is not a full acceptance, but that matters, modification of the first. In this case the response is considered as a new proposal which will be governed by the provisions of the preceding articles.

Section 1811 .- The nomination and acceptance made by telegraph effects if the contracting parties had previously stipulated in writing this kind of contract, and whether the original of the respective frames contain the signatures of the parties and the symbols drawn up between them.

In the case of the proposal and acceptance made through electronic, optical or other technology does not require prior stipulation between the contracting parties to produce effects.

Vices of Consent

Section 1812 .- Consent is invalid if it has been given by mistake, torn by violence or by fraud surprise.

Section 1813 .- The error of law or fact invalidates the contract if the reason lies with determining the will of either of that contract, if in the act of celebration is declared that reason or if it is proved by the circumstances of the contract held it on the false assumption that motivated him and for no other reason.

Section 1814 .- The miscalculation leads only to have it rectified.

Section 1815 .- Means fraud in contracts, any suggestion or device that is used to mislead or keep it to one of the parties, and bad faith, concealment of error of one party, once known.

Section 1816 .- The fraud or bad faith of the parties and the intent comes from a third party, knowing it, cancel the contract if it has been the determining cause of this legal act.

Article 1817 .- If both sides come with malice, none of them can claim the nullity of the act or claim compensation.

Section 1818 .- The contract is void due to violence, whether from this one of the contractors or as a third party, interested or not in the contract.

Section 1819 .- There is violence when used physical force or threats importing danger of losing their lives, honor, freedom, health, or a substantial part of the assets of the contractor, his spouse, his ascendants, descendants or their collateral relatives within the second degree.

Section 1820 .- Awe, that is, the only fear of displeasing the people should be submission and respect, not sufficient to vitiate consent.

Section 1821 .- The general considerations that the contracting expusieren on profits and losses that may result naturally from the conclusion or no conclusion of the contract and who do not mind deception or threat of the parties, not be taken into account when rating the fraud or violence.

Section 1822 .- It is not lawful for the future give the nullity resulting from fraud or violence.

Section 1823 .- If having ceased to be known violence or fraud, which suffered suffered violence or deceit ratifies the contract, can not hereafter claim by such vices.

Object and Reason or New Contracts

Section 1824 .- They are the subject of contracts:

I. The thing that must be given;

II. The fact that the obligation to do or not do.

Section 1825 .- The subject matter of the contract must: 1st. Exist in nature. 2nd. Be determined or determinable in terms of their species. 3o. Being in the trade.

Section 1826 .- Future events may be subject to a contract. However, it can not be the legacy of a living person, even if it gives his consent.

Section 1827 .- The positive or negative, the contract, must be:

I. Possible;

II. Lawful.

Section 1828 .- It is impossible that there can be done because it is incompatible with a law of nature or a standard that should govern it necessarily legal and constitutes an insurmountable obstacle to its realization.

Section 1829 .- Shall not be deemed impossible by the fact that can not be executed by the obligor, but by another person in his place.

Section 1830 .- It is unlawful for the fact that it is contrary to the laws of public order or morality.

Section 1831 .- The purpose or reason determining the will of that contract, it should not be contrary to the laws of public order or morals.

Form

Section 1832 .- In each civil contracts is obligated in the manner and terms that would appear to be bound, without contract for the validity of certain formalities are required, except in cases expressly designated by law.

Section 1833 .- Where the law requires certain way for a contract, whereas this is not a magazine that is not valid, unless otherwise specified, but if the will of the parties to celebrate has a reliable way, either party may require that the contract is given legal form.

Section 1834 .- When the written form is required for the contract, the documents must be signed by all persons to whom such obligation is imposed.

If either can not or will not sign, will do it at his request and the document prints the fingerprint of the person concerned did not sign.

Article 1834 Bis .- The cases referred to in the preceding article shall be considered fulfilled by using electronic, optical or other technology, provided that the information generated or communicated in their entirety, through the media is attributable to and accessible to persons required subsequent reference.

In cases prescribed by law as a legal requirement that an instrument must be granted before a notary public, the public and the parties bound can generate, send, receive, store or communicate information that contains the exact terms in which the parties have decided bound, using electronic, optical or any other technology, in which case the notary public, shall attest the instrument itself the elements through which the information is attributed to the parties under their guard and keep a full version of the same for subsequent reference, giving the instrument in accordance with applicable legislation that governs it.

Contracts Division

Section 1835 .- The contract is unilateral when one party undertakes to the other without it will be bound.

Section 1836 .- The contract is bilateral when the parties agree each other.

Section 1837 .- Onerous contract is one in which profits and taxes provide reciprocal, and free him when he is only one benefit of the parties.

Section 1838 .- The onerous contract is commutative when the benefits should the parties are held true from the contract, so that they can immediately appreciate the benefit or loss that is causing it. It is random when the benefit payable depends on an uncertain event does not permit evaluation of the gain or loss, but until that event takes place.

Clauses may contain Contracts

Section 1839 .- The parties can put the terms they see fit, but those relating to essential requirements of the contract or arising out of their ordinary nature, are deemed to be placed but not expressed, unless the latter be waived in cases and extent permitted by law.

Section 1840 .- Can provide some performance contracting as a penalty for the case that the obligation is not met or not met the agreed manner. If such stipulation is made, may not further damages.

Section 1841 .- The nullity of the contract matter of the penalty clause, but the nullity of the latter does not entail that of the former.

However, when promised by someone else, imposing a penalty for the case of non compliance by it promised, it will be worth even if the contract does not take effect because of lack of consent of such person.

The same applies when stipulated to another, for a third, and the person shall be construed subject to a penalty for failure to meet promised.

Section 1842 .- When ordering the sentence, the creditor is not required to prove that he has suffered damage, or the debtor may exempt from satisfying, proving that the creditor has not suffered any injury.

Section 1843 .- The penalty clause and can not exceed in value or amount to the principal obligation.

Section 1844 .- If the obligation is fulfilled in part, the penalty is modified to the same extent.

Section 1845 .- If the change can not be exactly proportional, the judge reduced the sentence of an equitable manner, taking into account the nature and other circumstances of the obligation.

Section 1846 .- The creditor may enforce the obligation or the payment of the penalty, but not both, unless it appears to have provided the simple penalty for delay in fulfilling the obligation, or because it does not pay the agreed manner.

Section 1847 .- No penalty may be enforced when the obligation it is unable to perform the contract made by the creditor, accident or force none.

Section 1848 .- In joint obligations with penalty clause, sufficient contravention of one of the heirs of the debtor incurred the penalty.

Section 1849 .- For the previous article, each of the heirs liable for the portion of the penalty that applies to you, in proportion to their families.

Section 1850 .- In the case of indivisible obligations, observe the provisions of Article 2007.

Interpretation

Section 1851 .- If the terms of a contract are clear and leave no doubt about the intention of the parties, it is the literal meaning of its terms.

If the words we seem contrary to the clear intention of the parties, shall prevail over them.

Section 1852 .- Whatever the generality of the terms of a contract should not be interpreted within him different things and different from those cases on which the parties proposed contract.

Article 1853 .- If any provision of the contract allows any number of ways, shall be construed to produce best effect.

Section 1854 .- The terms of the contracts should be interpreted for each other, attributing to the doubtful meaning resulting from the set of all.

Section 1855 .- Words have different meanings that can be understood in that which is more in keeping with the nature and purpose of the contract.

Section 1856 .- The use or custom of the country are taken into account in interpreting ambiguities in contracts.

Section 1857 .- When it proves impossible to completely resolve any doubts by the rules established in the preceding articles, if those fall on accidental circumstances of the contract, and it's free, will be resolved in favor of the least transmission of rights and interests, if it be expensive to settle the question in favor of greater reciprocity of interests.

If the question of whose decision is discussed in this article fall upon the principal object of the contract, so you can not come here in the knowledge of what was the intent or the will of the parties, the contract is void.

Final Provisions

Section 1858 .- Contracts that are not specifically regulated in this Code shall be governed by general rules of contracts, by the stipulations of the parties, and which were omitted by the provisions of the contract that have more analogy, the regulated in this ordinance.

Section 1859 .- The legal provisions on contracts apply to all agreements and other legal acts, as they are not contrary to their nature or special provisions of the law on them.

CHAPTER II

Unilateral Declaration of Will

Section 1860 .- By offering the public objects at a certain price, forcing the owner to support its offer.

Section 1861 .- Which ads or offers made by the public agrees to a benefit for who fill certain condition or perform a certain service, assumes the obligation to deliver.

Section 1862 .- The one in the previous article or implements the requested service will fill the condition noted, require the payment or reward offered.

Section 1863 .- Before you are given the service or fulfillment of the condition, the promisor may withdraw his bid, provided that the revocation is made with the same publicity as the offer.

In this case, proving that expenditures made to provide the service or fulfill the condition which had offered a reward, is entitled to a refund.

Section 1864 .- If any stated deadline for the execution of the work, may not revoke its offer as a party has not expired.

Section 1865 .- If the act set by the promisor was executed by more than one individual shall be entitled to the reward

I. The first to perpetrate the work or fulfill the condition;

II. If execution is simultaneous, or several at the same time fill the condition, the reward will be shared equally;

III. If the reward be not divisible be drawn between the parties.

Section 1866 .- In competitions where there is promise of reward for those who will fill certain conditions is a prerequisite that a deadline.

Section 1867 .- The promisor is entitled to appoint the person to decide who or who the contestants are given the reward.

Section 1868 .- The contracts can make stipulations in favor of third parties in accordance with the following items.

Section 1869 .- The provision made for acquiring third party makes it, unless agreed otherwise in writing, the right to require the benefit to the promisor has been obligated.

Also gives the promisee the right to require the promisor fulfilling this obligation.

Section 1870 .- The third law arises at the time to perfect the contract, except the power to impose on the contracting arrangements remain as it sees fit, provided they expressly stated in the said contract.

Section 1871 .- The stipulation may be revoked while the third has not expressed its will to use it. In this case, or when the third refusal provision stipulated in its favor, the right is considered as the unborn.

Section 1872 .- The promisor may, unless otherwise agreed, to oppose the third exception under the contract.

Section 1873 .- Can the debtor obligations issued civil documents payable to the order or to bearer.

Section 1874 .- Ownership of civil documents that extend the order is transferred by simple endorsement, which will contain the time and place that is, the concept of receipt of the value of the document, the name of the person whose order was given the endorsement and signature of the endorser.

Section 1875 .- The endorsement may be done in black with only the signature of the endorser, without any other indication, but may not exercise rights under the endorsement without filling all the requirements of the preceding article.

Section 1876 .- All those who endorse a document may be jointly and severally liable to the carrier in warranty. However, the endorsement can be no joint liability of the endorser, if this is stated expressly to extend the endorsement.

Section 1877 .- Ownership of civil documents that are in bearer form, is transferred by simple delivery of the title.

Section 1878 .- The debtor is obligated to pay anyone to submit and give the bearer, unless you have received a warrant for not paying.

Section 1879 .- The obligation of issuing the bearer does not disappear, even if he proves that the title came into circulation against his will.

Section 1880 .- The subscriber to the bearer can not oppose any exceptions other than those related to invalidity of the same title, arising out of your text or you have against the carrier to submit it.

Section 1881 .- The person who has been unjustly deprived of bearer, only with a warrant can prevent you from paying the holder to submit them for payment.

CHAPTER III

Of unjust enrichment

Section 1882 .- The enriched without cause at the expense of another, is required to compensate for their impoverishment as he has been enriched.

Section 1883 .- When you receive something that is not entitled to demand and that error has been improperly paid, have an obligation to restore it.

If abuse is an accomplished performance, when the recipient comes from bad faith, you must pay the current price of the benefit; when appropriate in good faith, only pay the equivalent to the enrichment received.

Section 1884 .- The accepting an improper payment, if acted in bad faith, must pay the legal interest in the case of capital, or the fruits received and not received, the things that occur.

In addition, be liable for any damage which the thing may have been from any cause, and damages that irrogaren who gave up the recover. Not liable for any act of God when it could have been affected the same way to things being in power who delivered them.

Section 1885 .- If that was the thing with bad faith, have alienated a third party that hath too bad faith, the owner may claim and collect from one or other damages.

Section 1886 .- If the party to whom the matter is disposed acquires in good faith, can only be claimed if the sale is made gratuitously.

Section 1887 .- He who in good faith has accepted an improper payment of a certain and determinate thing, only liable for the impairment or loss is and their appurtenances, as for them any richer. Alienated if any, refunded the price or assign action to make it effective.

Section 1888 .- If you received a good faith thing given undue payment, we would have donated, the donation will not stand and will apply to the donee the provisions of the preceding article.

Section 1889 .- He who in good faith has accepted an improper payment is entitled to request payment of necessary expenses and withdraw the useful improvements, if the separation is not harming the thing given in payment. If you have, you are entitled to be paid an amount equal to the increase in value was the thing with the improvements made.

Section 1890 .- Is released from the obligation to restore that good faith belief that the payment was made on behalf of a legitimate credit and subsisting, had crippled the title, stopped prescribing the action, leaving the clothes, canceled or guarantees of their rights. The unduly paid may only be directed against the true debtor or guarantor, for which the person was living action.

Section 1891 .- Proof that the incumbent who claims to have done. Also it is responsible of the error that was made, unless the defendant denies having received the thing that is being sought. In this case, justified the delivery by the applicant is free from all other evidence. This does not limit the right of the defendant to prove that it was because of what he received.

Section 1892 .- It is presumed that there was error in the payment when it delivers something that was not due or already paid, but the one who requested the return can prove that the delivery was made by way of donation or any other cause.

Section 1893 .- Action to repeat prescribe wrongly paid in one year, since he knew the error that caused the payment. Just over five years from the overpayment, will erode the right to claim a refund.

Section 1894 .- Anyone who has paid a debt to meet prescribed or to fulfill a moral duty, not entitled to repeat.

Section 1895 .- What has been delivered to the realization of a purpose that is unlawful or contrary to good morals, not retained by the recipient. Fifty percent will go to the public welfare and the other fifty percent is entitled to recover who betrayed him.

CHAPTER IV

Business Management

Section 1896 .- That no warrant and without being obligated to charge a case another, must act in the interests of the business owner.

Section 1897 .- The manager should carry out their assignment with all the diligence employed in their own businesses, and compensate the damages that his fault or negligence occasioned the owner of the assets or business to manage.

Section 1898 .- If management is to prevent imminent harm to the owner, the manager responds only to his intent or his serious misconduct.

Section 1899 .- If the management is running against real or presumed will of the owner, the manager must repair the damages resulting to that, though not at fault.

Section 1900 .- The manager responds even the act of God if you have made risky operations, but the business owner hath habit of doing, or if he has done more in interest than in the interests of the business owner.

Article 1901 .- If the manager delegare another person all or some of the duties of his office; liable for the acts of the delegate, without prejudice to the obligation to direct it to the owner of the business.

The responsibility of managers, when they are two or more, be supportive.

Article 1902 .- The manager as soon as possible, must give notice of his tenure as owner and wait for his decision, unless there is danger in delay.

If it is not possible to give such notice, the manager must continue to manage until the end of the matter.

Article 1903 .- The owner of a matter which has been usefully managed, must fulfill the obligations that the manager has made in his name and pay expenses in accordance with the provisions of articles below.

Article 1904 .- Payable to the manager the necessary expenses he has made in his tenure and statutory interest, but is not entitled to collect compensation for performance management.

Article 1905 .- The manager is responsible for a case against the express will of the owner, if he takes advantage of the benefit of management is required to pay that amount of expenses to the extent of the benefits, unless the management had been to rid the owner of a duty imposed in the public interest, in which case he must pay all expenses necessary facts.

Article 1906 .- Ratification outright owner of the business, produces all the effects of a mandate.

The ratification retroactive to the day when the management began.

Article 1907 .- When the business owner does not ratify the management is only liable for costs incurred by it to the audience of the benefits obtained from the business.

Article 1908 .- When no consent of the obligation to provide food, give a stranger shall be entitled to claim from that amount, not to state that gave them a spirit of making an act of charity.

Article 1909 .- Funeral expenses provided to the person's condition and uses of the town shall be pleased to do that, although the deceased had not made it, for those who have been obliged to feed on life.

CHAPTER V

Obligations that are born of Unlawful Acts

Article 1910 .- Whether working illegally or against good morals causes damage to another, is obliged to repair it, unless he proves that the damage resulted from fault or inexcusable negligence of the victim.

Article 1911 .- The harm is unable to repair it, unless the liability is borne by people in charge, as provided in Articles 1919, 1920, 1921 and 1922.

Section 1912 .- When to exercise a right to inflict harm to another, no obligation to compensate you if it is shown that the right is only exercised to cause damage, useless for the right holder.

Section 1913 .- When a person makes use of mechanisms, instruments, equipment or hazardous substances by themselves, to develop speed for explosive or flammable nature, the energy of the electric current lead or other similar causes, are required to respond for injury, but does not act unlawfully, unless he proves that damage was caused by fault or inexcusable negligence of the victim.

Section 1914 .- If without the use of mechanisms, instruments, etc.., Referred to the previous article, and without fault or negligence of any party damages occur, each will bear without compensation.

Section 1915 .- The repair of damage should include a selection of offense in restoring the previous situation, where possible, or the payment of damages.

When damage is caused to people and cause death, permanent total disability, permanent partial, temporary total or temporary partial, the degree of compensation as determined by the provisions of the Federal Labor Law. To calculate the compensation due shall be based on four times the highest daily minimum wage in force in the region and will extend the number of days for each of the disabilities mentioned points to the Federal Labour Law. In case of death compensation shall correspond to the heirs of the victim.

Credits for compensation when the victim is an employee are not transferable and are preferably covered in a single, unless otherwise agreed between the parties.

The above provisions shall be observed in the case of Article 2647 of the Code.

Section 1916 .- For moral damages involvement means that a person has on their feelings, emotions, beliefs, propriety, honor, reputation, private life, and physical appearance, or on account of herself with others. It is presumed that there was material damage or prejudice when they unlawfully infringe liberty or physical or mental integrity of persons.

When a wrongful act or omission will produce a moral hazard, responsible for it is obliged to repair it by compensation in money, whether it has caused damage, both contractual and tort liability. Same obligation to repair the moral damage he will incur liability in accordance with Article 1913 and the State and its public servants, in accordance with articles 1927 and 1928, all of this Code.

The repair action is not transferable to third parties for inter vivos and only passes to the heirs of the victim when it has tried the action in life.

The amount of compensation is determined by the judge taking into account the rights violated, the degree of responsibility, the economic situation of the responsible and the victim and other circumstances.

When the moral damage has affected the victim's decency, honor, reputation or consideration, the judge shall, upon request and under the charge, the publication of an extract of the sentence adequately reflects the nature and extent of itself, through the media it deems appropriate. In cases where the damage resulting from an act that has been broadcast in the media, the judge will order them to publicize the extract of the sentence, with the same importance as having had the original broadcast.

Subject to moral damage repair according to the provisions of this order, and therefore, the behaviors described are considered as illegal acts:

I. Which communicates to one or more persons the charge is made to another person or entity, a fact true or false, determined or undetermined, which may cause dishonor, discredit, harm, or expose someone to contempt;

II. The other awarded against a particular event and qualified as a crime by law, whether this is false, or innocent person who is booked;

III. The presenting complaints or complaints slanderous, understood as those in which the complainant alleges an offense specified person, knowing that it is innocent or that he has not committed, and

IV. Whoever offends the honor, privacy or attack the self-image of a person.

The moral reparation in relation to paragraph e above paragraphs must contain the obligation to reply or correction of information disseminated in the same environment where it was published with the same space and the same circulation or audience was directed to the original information This is without prejudice to the provisions of the fifth paragraph of this article.

The faithful reproduction of information does not lead to moral damages, even in cases where the reproduced information is correct and can not harm the honor of someone, as there is a responsibility for which disseminates the information provided is acknowledged the source from which it was obtained.

Article 1916 Bis .- Not required to repair the moral damage who exercise their rights of opinion, criticism, expression and information, the terms and limitations of the Articles 6. and 7th. of the General Constitution of the Republic.

In any case, who demanded compensation for moral damages in contract or tort must prove fully the wrongfulness of the defendant's conduct and the damage directly caused him any such conduct.

In no case will be considered against honor unfavorable opinions of literary criticism, artistic, historical, scientific or professional. Shall not be considered offensive unfavorable opinions made in fulfillment of a duty or exercising a right way to proceed when the lack of reserve or does not have an offensive purpose.

Section 1917 .- People who have caused damage in common, jointly and severally liable to the victim for the repair that are required in accordance with the provisions of this Chapter.

Section 1918 .- The corporations are responsible for damages caused by their legal representatives in the exercise of their functions.

Section 1919 .- Those who exercise parental authority have an obligation to respond to damages caused by the acts of minors under their power and living with them.

Article 1920 .- Cesa responsibility referred to in the preceding article, when running under the acts giving rise to it, being under the supervision and authority of others, as directors of schools, workshops, etc., because then those people will take responsibility concerned.

Section 1921 .- Nothing in the preceding two articles apply to guardians for the disabled under their care.

Section 1922 .- Neither parents nor guardians are required to answer for the damages they cause the disabled under its care and vigilance, if proved that it has been impossible to avoid them. This inability is not the mere circumstance of the fact have happened in his absence, if it appears that they have not exercised sufficient oversight of the disabled.

Section 1923 .- The master craftsmen responsible for damages caused by its workers in the execution of work entrusted to them. In this case we also apply the provisions of the preceding article.

Section 1924 .- Employers and owners of commercial establishments are held accountable for damages caused by its workers to dependents in the exercise of their functions. This responsibility ceases if the commission show that the damage can not be attributed any fault or negligence.

Article 1925 .- The heads of the house or the owners of hotels and lodging houses are required to answer for the damages caused by its servants in the performance of their duties.

Section 1926 .- In the cases covered by Articles 1923, 1924 and 1925, suffered the damage may seek compensation directly from the charge under the terms of this Chapter.

Section 1927 .- (Repealed).

Section 1928 .- He who pays the damages caused by its servants, employees, officers and operators, you can repeat them what they have paid.

Section 1929 .- The owner of an animal will pay for the damage caused by it, if it proves any of these conditions:

I. Kept it and watched carefully enough;

II. The animal was provoked;

III. That there was negligence on the part of the victim;

IV. The act resulting from a fortuitous event or force majeure.

Section 1930 .- If the animal which has caused the damage is excited by a third party, this responsibility is not the owner of the animal.

Section 1931 .- The owner of a building is liable for damages resulting from the destruction of all or part of it, if it comes from lack of repairs or construction defects.

Section 1932 .- Also respond owners for damage caused:

I. By the explosion of machines, or inflammation of explosive substances;

II. By smoke or gases that are harmful to persons or property;

III. By the fall of the trees, when not caused by force majeure;

IV. By the fumes from sewers or deposits of infectious materials;

V. For deposits of water wet the wall of the neighbor or spill on the property thereof;

VI. Because of the weight or movement of machines, materials or agglomerations of animals harmful to health or for any cause without the right originates damage.

Section 1933 .- Householders who live in a house or part of it, are liable for damages caused by things thrown or falling from it.

Section 1934 .- The action to claim compensation for damage caused to the terms of this chapter, prescribed by two years from the date on which the injury.

CHAPTER VI

Risk Professional

Section 1935 .- Employers are responsible for industrial accidents and occupational diseases of workers incurred in connection with or in the exercise of the profession or job you run, so employers must pay appropriate compensation, as they have resulted in the death or simply the temporary or permanent incapacity to work. This responsibility shall continue even if the employer hires the intermediary work.

Section 1936 .- It is up to employers to pay the liability that comes from industrial accidents and occupational illnesses, regardless of any notion of fault or negligence on their part.

Section 1937 .- The employer is not liable for accidents, when the employee voluntarily (not negligent) and have produced.

TITLE TWO

Modalities of Obligations

CHAPTER I

Conditional Obligations

Section 1938 .- The obligation is conditional when its existence or its resolution depends on a future and uncertain.

Section 1939 .- The condition is precedent when compliance is dependent upon the existence of the obligation.

Section 1940 .- The condition is fulfilled resolve adjudicative when required, returning things to their state, as if that obligation had not occurred.

Section 1941 .- Meeting the condition goes back to the time the obligation was made, unless the effects of the obligation or resolution, by the will of the parties or the nature of the act should be referred to a different date.

Section 1942 .- While the condition is not met, the debtor must refrain from any action that prevents the obligation can be met in due course.

The creditor may, before the condition is met, all acts conservatories exercise their right.

Section 1943 .- The conditions are impossible to give or do, prohibited by law or are against morality, nullify the obligation of their power.

The condition of not doing something impossible is void.

Section 1944 .- When the fulfillment of the condition depends on the sole will of the debtor, the conditional obligation is void.

Section 1945 .- It shall be fulfilled the condition when the obligor voluntarily prevented its implementation.

Section 1946 .- The obligation on the condition that an event happens in a fixed time, the term expires if it goes unrealized, or from which is no doubt that the condition is not met.

Section 1947 .- The obligation on the condition that an event is not in a fixed time check will be required over time if not checked.

If no time limit, the condition shall be deemed to be satisfied after the they probably wanted to point out is there, caring nature of the obligation.

Section 1948 .- When the obligations were incurred under a suspensive condition, and pending this, is lost, serious deterioration or improvement in the thing that was the subject of the contract, observe the following provisions:

I. If the thing is lost through no fault of the debtor, the obligation is extinguished;

II. If the thing is lost because the debtor, he is obliged to pay compensation for damages.

Understand that the thing is lost when you are in any of the cases mentioned in Article 2021.

III. When things deteriorate without fault of the debtor, it fulfills its obligation by delivering the thing to the creditor in the state is the fulfillment of the condition;

IV. Deteriorate because of the debtor, the creditor may choose between the resolution of the duty or compliance with the compensation of damages in both cases;

V. If the thing gets better by nature or by the time the improvements give to the creditor;

VI. If you improve at the expense of the debtor, it will not have other rights accorded to the usufructuary.

Section 1949 .- May terminate the obligations are implicit in the mutual understanding, in the event that one does not fulfill the obligation incumbent upon it.

The aggrieved party may choose to enforce or resolution of the obligation, compensation for damages in both cases. You may also request the resolution even after opting for compliance when it proves impossible.

Section 1950 .- The termination of the contract based on lack of payment by the purchaser of the property ownership or other real right over them, no effect against third persons in good faith, if not expressly agreed and has been registered in the Public in the manner provided by law.

Section 1951 .- In movable termination will not occur, except as provided for sales on which entitles the buyer to pay the price in installments.

Section 1952 .- If the contract is terminated dependiere a third party and it was fraudulently induced to terminate, it will not terminate.

CHAPTER II

Term Obligations

Section 1953 .- It is the obligation to run that for which compliance has been designated a certain day.

Section 1954 .- Understood for some days that that necessarily has to go.

Section 1955 .- If uncertainty consist in if it does not arrive or the day, the obligation is conditional and is subject to the rules contained in the preceding chapter.

Section 1956 .- The term obligations will be counted in the manner provided in articles 1176 to 1180.

Section 1957 .- What has been paid in advance can not be repeated.

If you pay know, when it did, the existence of the term shall be entitled to claim from the creditor's interests or the fruits it had seen the thing.

Section 1958 .- The deadline set is assumed for the debtor, unless it is, the provision or circumstance that has been established in favor of the creditor or both parties.

Section 1959 .- The debtor will lose any right to use the term

I. When after the obligation incurred, it is found insolvent, unless the debt guarantees;

II. When the creditor does not provide the guarantees were committed;

III. When estoppel had declined after the establishment of those guarantees, and when by accident desaparecieren, unless they are immediately replaced by other equally safe.

Section 1960 .- If several joint debtors, the provisions of the preceding Article shall only include that person is present in any cases designated therein.

CHAPTER III

Of joint obligations and Alternatives

Section 1961 .- Which has led to different things or events, together, must give all first and give every second.

Section 1962 .- If the debtor has forced one of the facts, or one of two things, or a fact or thing, paying meets any of those facts or things, but can not, against the will of the creditor to pay part of a thing and from another, or run in part a fact.

Section 1963 .- In choosing alternative obligations applicable to the debtor, if not stated otherwise.

Section 1964 .- The election shall only have effect from that is notified.

Section 1965 .- The debtor loses the right choice when the benefits to which is bound alternatively, only one was made.

Section 1966 .- If the choice lies with the debtor and any of the things lost by his fault or act of God, the creditor is obliged to receive the remains.

Section 1967 .- If both are lost, and it has been because of the debtor, he must pay the price of the last to be lost. The same is observed if the two have been lost because of the debtor, but it will pay for damages.

Section 1968 .- If both are lost by accident, the debtor is released from the obligation.

Section 1969 .- If the choice lies with the creditor and one of two things is lost because the debtor can choose the first thing that has been or value of the loss with payment of damages.

Section 1970 .- If the thing is lost through no fault of the debtor, the creditor is obliged to receive that are left.

Section 1971 .- If both were lost because of the debtor, the creditor may require the value of either party to damages or rescission of the contract.

Section 1972 .- If both are no fault of the debtor loses, will the following distinction:

I. If made and the election or appointment of the thing, the loss will be borne by the creditor;

II. If the election not been made, the contract will be void.

Section 1973 .- If the election is the debtor and one of the things is lost because the creditor can ask the first to be given free of obligation or termination of the contract, compensation for damages.

Section 1974 .- For the previous article, if the choice is the creditor, the thing lost is satisfied the obligation.

Section 1975 .- If both are lost to the creditor and it is the election will at its discretion refund the price you want one of those things.

Section 1976 .- For the previous article, if the choice is the debtor, he shall designate the thing whose price to pay, and this price is tested in accordance with the law in case of disagreement.

Section 1977 .- In the case of the two preceding articles, the creditor is obliged to pay damages.

Section 1978 .- If forced to pay anything or commit an act of refusal to do the second and the choice is the creditor is entitled to demand the thing or the execution of the act by a third party under the terms of Article 2027. If the election is the debtor, providing it meets the thing.

Section 1979 .- If the thing is lost because of the debtor and the creditor's choice is entitled to demand the price of the thing, the performance of the act or termination of the contract.

Section 1980 .- For the previous article, if the thing is lost without the fault of the debtor, the creditor is obliged to take delivery of the deed.

Section 1981 .- Whether or not there blame for the loss of the thing by the debtor, if the choice is yours, the creditor is obliged to take delivery of the deed.

Section 1982 .- If the thing is lost or the fact of paid leave because of the creditor, the obligation is fulfilled.

Section 1983 .- The lack of performance of the act shall be governed by Articles 2027 and 2028.

CHAPTER IV

In joint obligations

Section 1984 .- When there are multiple debtors or creditors in the case of a single obligation, there is a commonwealth.

Section 1985 .- The simple association of debtors or creditors makes each one of the first must fully comply with the obligation or entitle each of the latter to demand full compliance with it. In this case the credit or debt are considered divided into as many parts as there are debtors or creditors, and each part is a credit debt or different from each other.

Section 1986 .- The parties are presumed equal unless otherwise agreed or the law provides otherwise.

Section 1987 .- In addition to the commonwealth, be active solidarity, when two or more creditors are entitled to demand, each in itself the complete fulfillment of the obligation, and passive solidarity when two or more debtors to pay the obligation to report, each of itself, in its entirety, the benefit due.

Section 1988 .- The solidarity is not presumed, is the law or the will of the parties.

Section 1989 .- Each of the creditors or all together may require all joint debtors or any of them, full or partial payment of the debt. If all of a claim of insolvent debtors and proves, can claim the other or any of them. If they had claimed only part, or otherwise have consented to the division of debt, for any or some of the debtor may claim the whole of the other obligations, net of the portion of the obligor released from solidarity .

Section 1990 .- The payment made to a creditor solidarity totally extinguished debt.

Section 1991 .- Novation, compensation, confusion or referral by any of the joint creditors, with any of the same class debtors extinguishes the obligation.

Section 1992 .- The creditor would have received all or part of the debt, or would have done it away or remission, is responsible to the other creditors of the party to them appropriate, including the credit split.

Section 1993 .- If one dies, leaving the joint creditors more than one heir, each of the heirs shall not be entitled to demand or receive the credit given to it in proportion to their having inherited, unless the obligation is indivisible.

Section 1994 .- The debtor of several joint creditors escapes paying any of these, unless it has been required in court by one of them, in which case you should make payment to the plaintiff.

Section 1995 .- The joint debtor may only be used against creditor's claims, exceptions arising from the nature of the obligation and those that are personal.

Section 1996 .- The joint debtor is accountable to its coobligados if not enforce the exceptions that are common to all.

Section 1997 .- If things have perished, or the provision had it been impossible without the fault of the joint debtors, the obligation is extinguished.

If there is any fault on the part of either of them, all liability on the price and compensation for damages, with the right of not guilty to direct its action against the guilty or negligent.

Section 1998 .- If one dies of the joint debtors, leaving several heirs, each of which is required to pay the fee that applies to you in proportion to their having inherited, unless the obligation is indivisible, but all the heirs will be treated as one joint debtor, in relation to other debtors.

Section 1999 .- The joint debtor pays the debt in full, is entitled to require from the other co-debtors that it corresponds to them.

Unless otherwise agreed, the joint debtors are bound together by equal parts.

If the party falls on a joint debtor can not be obtained from it, the deficit should be distributed among the other joint debtors, even among those freed from the creditor any solidarity.

To the extent that a joint debtor satisfied the debt is subrogated to the rights of the creditor.

Section 2000 .- If the business for which the debt was incurred jointly, not more concerned that one of the solidary debtors, shall be responsible for all of it to the other co-debtors.

Section 2001 .- Any act that disrupts the requirement for a creditor or against one of the debtors, exploits or harms others.

Section 2002 .- When non-compliance with the obligation is demanding damages, each of the joint debtors fully answer them.

Section 2003 .- Obligations are divisible when benefits are intended to be satisfied in part. If benefits are indivisible could not be met but over.

Section 2004 .- Solidarity does not set forth the nature of indivisible obligation or an obligation indivisible solidarity makes.

Section 2005 .- Divisible obligations where there is more of a debtor or creditor shall be governed by the common rules of obligations; Indivisible in which more than one debtor or creditor are subject to the following provisions.

Section 2006 .- Each of those who have contracted a debt together indivisible, is bound by all, but do not provide solidarity.

The same occurs with respect to the heirs of those who incurred an obligation indivisible.

Section 2007 .- Each of the heirs of the creditor may demand the full implementation indivisible, being obliged to provide sufficient guarantee of compensation for other heirs, but it alone can forgive the debt total, and receive the value instead of the thing.

If one of the heirs had been forgiven the debt or the value of the thing, the heir can not ask for anything but returning indivisible portion of the heir who has been pardoned or who has received the value.

Section 2008 .- Only the consent of all creditors may refer the indivisible obligation or get a away from it.

Section 2009 .- The heir of the debtor, pressed by the entire obligation can order a term to go to their heirs, provided that the debt is not such that can only be met by the heir to the defendant, which could then be sentenced, leaving Safeguard your rights to compensation against his heirs.

Section 2010 .- Loses the quality of indivisible obligation is resolved in the payment of damages and, then, observe the following rules:

I. If that occurs because of that conversion was part of all debtors, all liable for damages in proportion to the usefulness of the obligation;

II. If only some were guilty, they will respond only to damages.

CHAPTER V

Obligations of Giving

Section 2011 .- The provision of thing may be to:

I. The transfer of ownership of a certain thing;

II. The temporary transfer of use or enjoyment of certain thing;

III. In the restitution of another's property or payment of proper thing.

Article 2012 .- The creditor-thing can not be forced to get another even if it is of greater value.

Article 2013 .- The obligation to give certain thing also includes delivering its accessories, unless otherwise result from the title of the obligation or the circumstances.

Article 2014 .- In the disposal of certain things and certain, the transfer of ownership takes place between the contracting parties, by the mere effect of the contract, without reliance on tradition and is natural, whether symbolic, to be taken into account the provisions of the Public Registry.

Article 2015 .- On disposal of a given species, the ownership does not pass until the moment the thing is certain, and determined with knowledge of the creditor.

Article 2016 .- In the case of the preceding article, if not designated the quality of the thing, giving the debtor complies with a medium quality.

Article 2017 .- In cases where the obligation to provide the translation thing is certain amount of ownership of that thing, and lost or damaged in the hands of the debtor, observe the following rules:

I. If the loss was the fault of the debtor, the creditor will respond by the value of the thing and damages;

II. If things deteriorate because of the debtor, the creditor may elect to terminate the contract and payment of damages or receive anything in the state you are in and demand the price reduction and payment of damages ;

III. If the thing is lost through fault of the creditor, the debtor is released from the obligation;

IV. If serious deterioration because of the creditor, it is required to get the thing in the state in which it is;

V. If the thing is lost by accident or force majeure, the obligation is void and the owner suffers a loss, unless otherwise agreed upon.

Article 2018 .- The loss of the thing held by the debtor is presumed by his fault until proven otherwise.

Article 2019 .- When the debt of one thing certain and specific crime or misdemeanor should proceed not relieve the debtor from paying the price, anyone who has been the reason for the loss, unless they had offered the thing that should receive, it is in default.

Article 2020 .- The debtor of a thing lost or damaged without fault, is obliged to give the creditor any rights and actions to claim compensation hath whoever was responsible.

Article 2021 .- The loss of the thing can be verified:

I. Perishing the thing or going out of business;

II. Disappearing so have not heard from her or even if you have any, the thing can not be recovered.

Article 2022 .- If the obligation is intended to give a thing designated only by their gender and quality, then the thing be individualized by the election of the debtor or creditor, shall apply in case of loss or damage, the provisions in Article 2017 .

Section 2023 .- In cases of sale with reservation of possession, use or enjoyment of the thing to a certain time, observe the following rules:

I. If there will be an express agreement to the terms;

II. If the loss was due to any of the contractors, the amount will be the responsibility of it;

III. A lack of agreement or guilt, every party will suffer the loss that corresponds at all if the thing perishes completely or in part if the loss was only partial;

IV. In the case of the fraction above, if the loss is partial and the parties shall agree on the reduction of their respective rights experts be appointed to determine it.

Section 2024 .- In contracts where the delivery of the thing no matter the transfer of ownership, the risk is always borne by the creditor unless involving fault or negligence of the other party.

Section 2025 .- There is fault or negligence when the obligor performs acts contrary to the preservation of the thing or fails to perform those necessary for her.

Section 2026 .- If there are several forced to pay the same, each will respond proportionately, except in the following cases:

I. When each of them jointly and severally liable any;

II. When the treatment consists of providing a certain and determinate thing that is in possession of one of them, or rely on the fact that only one required to provide;

III. If the obligation is indivisible;

IV. When the contract is stated otherwise.

CHAPTER VI

Obligations to do or not do

Section 2027 .- If the obligation to provide a fact, not done, the creditor is entitled to request at the cost of one run by another, when the substitution is possible.

The same is observed if not done in the agreed manner. In this case the creditor may ask that you dispose it wrong.

Section 2028 .- That is bound to do something, be subject to payment of damages if violated. If any physical work, may require the creditor to be destroyed at the expense of the obligor.

THIRD TITLE

Transmission of Obligations

CHAPTER I

From the Assignment of Rights

Section 2029 .- There will be transfer of rights when transferred to another creditor who has against his debtor.

Section 2030 .- The creditor may assign his right to a third party without the consent of the debtor, unless the disclosure is prohibited by law, has agreed not to make or do not allow the nature of law.

The debtor can not claim against the third party that the law could not be transferred because it had been agreed, when that agreement is recorded in the master deed of the law.

Section 2031 .- In the assignment shall follow the provisions relating to the legal act that gives rise, as we were not modified by this Chapter.

Section 2032 .- The assignment of credit includes all ancillary rights such as bond, mortgage, pledge or privilege except those that are inseparable from the person of the transferor.

The interest due is presumed to have been transferred to the main credit.

Section 2033 .- The assignment of civilians than to order or to bearer, may be made in writing signed private transferor, transferee and two witnesses. Only when the law requires the title of the receivable recorded in deed, a transfer shall be made in this document type.

Section 2034 .- The assignment of receivables other than to order or to bearer, no effect against third parties, but from that date be taken by some, according to the following rules:

I. If a credit is intended to be registered from the date of registration in the Public Registry of Property;

II. If done in a public deed, the date of grant;

III. If it is a private document, from the day it is incorporated or registered in a public registry, from the death of any who will sign it, or from the date it is delivered to a public official by virtue of office .

Section 2035 .- Where other securities to order or to bearer, the debtor may raise against the assignee defenses which could raise against the assignor at the time the transfer is made.

If you have a claim against the assignor not yet due when the transfer is made, it can claim compensation as long as your credit is not required after that is the given.

Section 2036 .- In the cases referred to in Article 2033, that the assignee may enforce its rights against the debtor must make this notification of the assignment, either judicially, and in court, before two witnesses or a notary.

Section 2037 .- Only entitled to request or notification to the creditor to submit the documentary evidence of credit, or the sale, when it is not necessary.

Section 2038 .- If the debtor is present assignment and not opposed to it, or being absent has accepted it, and this test, the notification shall be made.

Section 2039 .- If credit has been given to several assignees has first preference has been reported that the assignment to the debtor, except as provided for titles to be recorded.

Section 2040 .- Until notification has been made to the debtor, the creditor is paying pounds primitive.

Section 2041 .- After such notification, the debtor is not free, but paying the assignee.

Section 2042 .- The transferor is obliged to guarantee the existence or legitimacy of credit to the time of making the assignment, unless the trader has given the dubious character.

Section 2043 .- Except for the titles to order, the assignor is obliged to ensure the solvency of the debtor, unless it is expressly provided that the bankruptcy is public and prior to the assignment.

Section 2044 .- If the transferor has made responsible for the solvency of the borrower and not set the time that this responsibility should last, is limited to one year from the date the debt was enforceable, if they are defeated, if we were, is counted from the date of maturity.

Section 2045 .- If the receivable is a perpetual income, responsibility for the solvency of the debtor shall lapse five years from the date of transfer.

Section 2046 .- That sum or balloon gives the whole of certain rights, comply with the legitimacy to respond at all in general, but is not obligated to sanitation each of the parties, except in the case of eviction of all or most .

Section 2047 .- He who gives up his right to an inheritance without enumerating the things that it is composed only obliged to respond in his capacity as heir.

Section 2048 .- If the transferor had taken advantage of some fruits or perceived something of the legacy we gave, you must pay the assignee, unless otherwise agreed.

Section 2049 .- The transferee must, in turn, satisfy the assignor has paid everything for the debts and charges of inheritance and its own claims against it, unless otherwise agreed.

Section 2050 .- If the transfer was free, the assignor shall not be liable to the assignee, nor the existence of the debt or the creditworthiness of the debtor.

CHAPTER II

From the Assignment of Debts

Section 2051 .- For there to be substitution of debtor is the creditor must expressly or impliedly consents.

Section 2052 .- It is presumed that the creditor consents to the substitution of the debtor, when it allows the substitute acts that would perform the debtor, in payment of revenues, or periodic partial payments, provided you do so on their own behalf and not on behalf of the debtor primitive.

Section 2053 .- A creditor who exonerate the former debtor, accepting another in his place, can not proceed against the first, if the new is insolvent, unless otherwise agreed.

Section 2054 .- When the debtor and seeking to replace a shorter time period the creditor to concur in the substitution, after that period expires without the creditor has made known his determination, it is presumed that refuses.

Section 2055 .- The debtor is obliged to substitute the terms in which it was the original debtor, but when a third party has made bail, pledge or mortgage to secure the debt, these guarantees are terminated by the substitution of the obligor, unless the third party consents to continue .

Section 2056 .- The debtor against the creditor may substitute the exceptions arising from the nature of the debt and those that are personal, but can not oppose the debtor's personal to be primitive.

Section 2057 .- When the replacement is revoked the debtor, the old debt is reborn with all its accessories, but with the reservation of rights belonging to third parties in good faith.

CHAPTER III

From Surrogacy

Section 2058 .- The subrogation takes place by operation of law without any declaration of interest:

I. When a creditor who pays another creditor preference;

II. When the payer has a legal interest in compliance with the obligation;

III. When an heir with his own property pay any debts of the estate;

IV. When acquiring a property paid to a creditor who has a mortgage on it before the acquisition.

Section 2059 .- When the debt was paid by the debtor money a third was suitable or appropriate for this purpose, the lender will be subrogated by operation of law the rights of the creditor, the loan shall appear in authentic title stating that the money was lent to pay the same debt. For lack of this circumstance, which gave only have rights to express their respective contract.

Section 2060 .- No partial subrogation solution indivisible debts.

Section 2061 .- Payment of the surrogate in various portions of the credit when the debtor's assets are sufficient to cover them all, will be prorated.

TITLE FOUR

Effects of Obligations

I. - Effects of Obligations of the Parties

Compliance Obligations

CHAPTER I

Payment

Section 2062 .- Payment or performance is the delivery of the thing or amount owed, or performance of any service that is promised.

Section 2063 .- The debtor can transfer its assets to creditors in payment of their debts. This assignment, unless otherwise agreed, only frees it from liability for the net amount of the leased properties. The agreements on the effect of assignment concluded between the debtor and its creditors, subject to the provisions of Title relating to competition and ranking of claims.

Section 2064 .- The obligation to provide any service can be enforced by a third party, except in cases where it is established by an express agreement that the person meets the same bound, or when we had chosen their special knowledge or personal qualities.

Section 2065 .- Payment can be made by the same debtor, its representatives or any other person having legal interest in compliance with the obligation.

Section 2066 .- It can also be made by a third party not interested in fulfilling the obligation to act with express or implied consent of the debtor.

Section 2067 .- It can also be made by a third party by ignoring the debtor.

Section 2068 .- Can finally be done against the will of the debtor.

Section 2069 .- In the case of Article 2066, will observe the provisions on mandate.

Section 2070 .- In the case of Article 2067, which made the payment shall only be entitled to claim the amount that the debtor has paid the creditor, if the minor consented to receive the proper amount.

Section 2071 .- In the case of Article 2068, which made the payment shall only be entitled to collect from the debtor that it would have been useful any payment.

Section 2072 .- The creditor is obliged to accept the payment by a third party, but is not required to be subrogated to their rights, except in cases provided for in Articles 2058 and 2059.

Section 2073 .- Payment must be made to the same creditor or his legal representative.

Section 2074 .- The payment made to a third party shall extinguish the obligation, if they have been stipulated or agreed by the creditor, and in cases where the law expressly so stated.

Section 2075 .- The payment made to a person unable to manage their property, shall take effect as soon as there become useful.

Also applies the payment made to a third party as soon as they become usefulness of any creditor.

Section 2076 .- Payment made in good faith that was in possession of credit, relieve the debtor.

Section 2077 .- Not valid payment made to the creditor by the debtor after being court-ordered withholding of the debt.

Section 2078 .- Payment must be made in the way that has been agreed upon, and can never be part except by express agreement or provision of law.

However, when we had a debt and other illiquid liquid part, require the creditor and the debtor to make payment of the first without waiting for the award of the second.

Section 2079 .- Payment is made at the time designated in the contract, except in those cases where the law expressly permitted or otherwise prevent.

Section 2080 .- If there is no fixed time in the payment to be made and they are obligations of giving, the creditor can not demand it but after thirty days after the summons is made and judicially, and in court, before a notary or two witnesses. In the case of obligations to, the payment must be made when required by the creditor, provided that the time has elapsed for the fulfillment of the obligation.

Section 2081 .- If the debtor desires to make advance payments and the creditor gets, it can not be forced to discount.

Section 2082 .- Generally the payment must be made in the debtor's domicile, unless the parties otherwise agree, or otherwise appears from the circumstances, the nature of the obligation or the law.

If several sites have been designated to make payment, the creditor can choose any of them.

Section 2083 .- If the payment is in the tradition of a property or services relating to property, must be the place where it is located.

Section 2084 .- If payment consist in a sum of money as the price of something alienated by the creditor, shall be made in the place that gave the thing, unless another place is designated.

Section 2085 .- The debtor after conclusion of the contract to move home voluntarily, the creditor must compensate the higher costs to do for this cause, to obtain payment.

Similarly, the creditor must compensate the debtor when the payment must be made at home from him, voluntarily change of address.

Section 2086 .- Delivery costs will be borne by the debtor, unless otherwise stipulated otherwise.

Section 2087 .- Invalid payment made to another's property, but if the payment was made with a lot of money or other fungible thing outside, there is no recourse against the creditor who has used good faith.

Section 2088 .- A debtor who pays has the right to require documentary proof of payment and can stop it while not delivered.

Section 2089 .- When the pension debt is to be met in specific periods, and provide written proof of payment of the latter paid the former are presumed, unless proved otherwise.

Section 2090 .- When you pay the capital without being subject to returns, it is presumed that they are paid.

Section 2091 .- The delivery of the instrument made to assume the debtor makes payment of the debt constant on that one.

Section 2092 .- Which he has against him several debts for one creditor, may, while making the payment, which of them wants it to apply.

Section 2093 .- If the debtor fails to make such declaration will be deemed payment on account of the debt that is of a more expensive among the vanquished. In similar circumstances, apply to the oldest, and still all the same date, will be distributed among them pro rata.

Section 2094 .- Amounts paid on account of debts with interest not be charged to capital as any interest due and unpaid, unless otherwise agreed.

Section 2095 .- The obligation is extinguished if the creditor receives in return something different rather than due.

Section 2096 .- If the creditor suffers eviction the thing received in payment, will be reborn the original obligation, without giving effect to the payment in kind.

CHAPTER II

Payment of the Offer and the Appropriation

Section 2097 .- The offer followed the entry times of payment made if you meet all the requirements for this law requires.

Section 2098 .- If the creditor refuses without just cause to receive the benefit due, or give the documentary proof of payment, or if he is uncertain person or unable to receive, the debtor can escape the obligation by recording the thing.

Section 2099 .- If the creditor is known, but uncertain of their rights, the debtor may deposit the thing due, with citation of the applicant, in order to justify their rights by legal means.

Section 2100 .- The allocation will be done following the procedure established by the Code field.

Article 2101 .- If the court declares the opposition founded the creditor to receive payment, the offer and the appropriation is not made.

Article 2102 .- Appropriation approved by the judge, the obligation is extinguished for all purposes.

Article 2103 .- If the offer and the appropriation made by law, all expenses will be borne by the creditor.

Breach of Obligations

CHAPTER I

Consequences of Breach of Obligations

Article 2104 .- That is bound to provide a fact and not paying or not suitable or as agreed, shall be liable for damages as follows:

I. If he comes to term obligation, responsibility starts from the due date thereof;

II. If the obligation does not fall under the fixed term, observe the provisions of the final part of Article 2080.

Anyone who violates an obligation not to pay damages for the mere fact of the violation.

Article 2105 .- In obligations to give with a fixed term, observe the provisions of Section I of the preceding article.

Should they not a fixed term shall apply the provisions of article 2080, first part.

Article 2106 .- The liability from fraud is due on all obligations. The waiver is void to make it effective.

Article 2107 .- The liability at issue in this Title, as well as import the return of the thing or its price, or of both, if necessary, import the repair of damages and compensation for damages.

Article 2108 .- Damage means loss or impairment in equity for failure to comply with an obligation.

Article 2109 .- It is said to prejudice the deprivation of any lawful income, that should have been obtained with the fulfillment of the obligation.

Article 2110 .- Damages must be immediate and direct consequence of the lack of compliance with the obligation, whether that has caused or which must necessarily be incurred.

Article 2111 .- Nobody is forced to act of God but when has helped cause it, when expressly agreed to this responsibility, or where the law is imposed.

Article 2112 .- If the thing is lost, or suffered a detriment as serious, according to experts, can not be used in the course to use it is intended, the owner must be compensated the full value of it legitimate.

Article 2113 .- If the damage is less severe, only the amount it paid the owner to return the thing.

Article 2114 .- The price of the thing would be that at the time it returned to its owner, except in cases where law or agreement designate another time.

Article 2115 .- In estimating the damage of a thing to be attended not only that he caused the decline in the price of it, but the expenses necessarily require repair.

Article 2116 .- By setting the value and impairment of a thing, not attend to the estimated price or affection, unless it is proved that the responsible thing destroyed or deteriorated as to hurt the feelings or affections of the owner, the increase in these causes is made, shall be determined as provided by Article 1916.

Article 2117 .- The liability may be adjusted by agreement of the parties, except in those cases where the law expressly provides otherwise.

If the service consist in the payment of a sum of money, damages resulting from noncompliance, shall not exceed the legal interest, unless otherwise agreed.

Article 2118 .- The payment of court costs shall be borne by that fails to fulfill the obligation, and shall be in the terms established by the Code of Civil Procedure.

CHAPTER II

Eviction From and Sanitation

Section 2119 .- There will be evicted when you purchased any thing be deprived of all or part thereof by the sentence be final, because of a prior right to purchase.

Section 2120 .- Anyone who has to answer disposes of eviction, although nothing has been stated in the contract.

Section 2121 .- The contracting parties may increase or decrease the effects of conventionally eviction, and even agree that it is not given in any case.

Article 2122 .- Covenant is void that alienates exempt the answer for the eviction, provided that any bad faith on your part.

Section 2123 .- When the buyer has waived the right to sanitation for the eviction case, where it is it should deliver only that alienates the price of the thing, as provided in Article 2126, Section I and 2127, section I, but This obligation is even free if you purchased it did with knowledge of the risks of eviction and submitting to its consequences.

Section 2124 .- The buyer, then it is located, must report the eviction lawsuit that alienated him.

Section 2125 .- The court ruling that imposes the obligation to compensate disposed as follows.

Section 2126 .- If you disposed of had acted in good faith, shall deliver to that suffered eviction.

I. Received the full price for the thing;

II. Expenses incurred in the contract, if they are satisfied by the purchaser;

III. The lawsuit caused the eviction and the sanitation;

IV. The value of the improvements necessary and useful, provided that the award does not determine the winner meets the amount.

Section 2127 .- If that alienates acted in bad faith, shall have the obligations stated in article above, with the aggravation following:

I. Return, at the purchaser, the price that the thing had at the time of acquisition, or the one time that he shall suffer eviction;

II. Satisfy the purchaser the amount of voluntary benefits and sheer pleasure that made the thing;

III. Pay the damages.

Section 2128 .- If that alienates not leave without just cause the eviction lawsuit in good time, or does not yield any evidence or claims, is obliged to sanitation in the previous article.

Section 2129 .- If the alienating and that takes in bad faith, will not the second, in any case, the right to sanitation or compensation of any kind.

Section 2130 .- If the acquirer would be sentenced to restore the fruits of the thing, may require the compensation you disposed of them or the legal interest on the price you gave.

Section 2131 .- If you purchased would not be sentenced to this refund, interest will be compensated with the fruits of the price received.

Section 2132 .- If you dispose of them to be sued, says that he has no means of defense, and records the toll for refusing to receive the purchaser is free from any liability after the date of entry.

Section 2133 .- The improvements which have been disposed of before the sale, will be taken to realize what you should pay, provided that they are paid by the seller.

Section 2134 .- When the purchaser only be deprived by eviction of a part of the thing acquired, it will be observed on the rules in this Chapter, unless the buyer prefers the termination.

Section 2135 .- Also observe the provisions of the preceding article when a single contract has been disposed of two or more things without fixing the price of each, and one suffered eviction.

Article 2136 .- In the case of the two preceding articles, if you choose to purchase the termination of the contract is obliged to return the thing free of taxes imposed upon him.

Section 2137 .- If denounced the lawsuit or during it, recognize you disposed of the right claimed, and is obligated to pay under the provisions of this chapter, is liable for expenses that are caused to do the recognition, and whatever Regardless of the outcome of the trial.

Section 2138 .- If the property is disposed of is taxed, without having made mention of this in writing, with any load or no apparent voluntary servitude, who became possible to claim for the lien, or termination of the contract.

Section 2139 .- The rescissory actions and compensation referred to in the preceding article, prescribe in one year, be made available to the first, from the day the contract was perfected and the second from the day that the purchaser has notice the burden or servitude.

Section 2140 .- The alienating not responsible for the eviction:

I. If so agreed;

II. In the case of Article 2123;

III. If you know who acquires the right to file the eviction, they have been fraudulently concealed by alienating;

IV. If the eviction proceeds from a cause subsequent to the act of alienation, not attributable to the alienating, or indeed the person who acquires, either before or after the same act;

V. If the acquirer does not comply with the provisions of article 2124;

VI. If the acquirer and calling for compromise or jeopardize the business referees alienated without the consent of that;

VII. If the eviction took place because the purchaser.

Section 2141 .- In judicial sales made at auction, the seller is not required because of the eviction who suffers the thing sold, but to refund the price that has caused the sale.

Section 2142 .- In the commutative contracts, the transferor is obliged to sanitation for latent defects of the thing that makes improper alienated for the purposes for which it is intended, or decrease so this use have known that the purchaser has not made the acquisition or would have less money for the thing.

Section 2143 .- The transferor is not liable for any obvious defects or are in sight, nor of those who are not, if the acquirer is an expert by reason of his trade or profession should easily meet them.

Section 2144 .- In the cases of article 2142, the purchaser may demand rescission of the contract and payment of the expenses that he has made, or be a proportionate rebate of the price, according to experts.

Section 2145 .- If it is proved that the transferor knew of the hidden defects of the thing and not stated on the purchaser, it will have the same power under the preceding article, must also be compensated for damages if you prefer termination.

Section 2146 .- In cases where the purchaser can choose compensation or rescission of the contract, once he made the right choice going to exercise, can not use the other without the consent of the seller.

Section 2147 .- If things move alienated nature or perish as a result of the vices he had, and were known to the seller, he will suffer loss and shall pay the price and pay the costs of contract damages.

Section 2148 .- If the transferor was not aware of services, but will refund the price and pay the expenses of the contract, in the case that the purchaser has paid.

Section 2149 .- The actions arising from the provisions of articles 2142 to 2148, are extinguished six months after delivery of the thing alienated, without prejudice to the special case referred to in Articles 2138 and 2139.

Section 2150 .- Alienating two or more animals together, either in a lump sum or by pointing to each of them, one vice gives only rise to the rescission action, for him and not for others, unless it appears that the purchaser would not have purchased the sound or sound without the cycle, or the sale was of a flock and vice was contagious.

Section 2151 .- It is presumed that the purchaser was not willing to acquire one of the animals, when you buy a shot, team or partner, although a price is stated separately for each of the animals they contain.

Section 2152 .- The provisions of Article 2150 is applicable to the sale of anything else.

Section 2153 .- When the animal dies within three days of purchase, is responsible seller, if the opinion of experts is proved that the disease existed before the sale.

Section 2154 .- If the sale is declared resolved, you must return the thing alienated in the same condition it was delivered, the purchaser being responsible for any damage that does not carry the defect or hidden defect.

Section 2155 .- In the event of disposal of animals, whether they are disposed individually, logs or oxen, or cattle, rescission action because of blemishes or hidden defects, only lasts for twenty days from the date of the contract.

Section 2156 .- The classification of defects in the goods shall be disposed of by experts appointed by the parties, and a third chosen by the judge in case of disagreement.

Section 2157 .- The experts declare whether the services were strictly pre-sale and if they do not cause the thing can be put to uses for which it was acquired.

Section 2158 .- Parties may restrict, waive or extend its responsibility for the crippling vices, provided that no bad faith.

Section 2159 .- It is for the purchaser to prove that the defect existed at the time of acquisition, and unproven, it is judged that the defect came later.

Section 2160 .- If the thing alienated with crippling defects lost by accident or because of the acquirer, it fits, however, the right to request the lower value of the thing by the crippling vice.

Section 2161 .- The purchaser of the thing sent from elsewhere who claim that it has crippling vices, if it comes to things that quickly break down, he must immediately notify the seller, who does not get the thing, if you do not, be liable for damages and its omission causes damage.

Section 2162 .- The transferor has no obligation to answer for crippling defects, if the acquirer obtained the thing for auction or judicial adjudication.

II .- Effects of Obligations Relating to Third

CHAPTER I

Of the events in fraud of creditors

Section 2163 .- The events held by a debtor to the detriment of his creditor, can be reversed, at his request, if such action results in the debtor's insolvency, and credit under which the action is attempted, is before them.

Section 2164 .- If the act was expensive, revocation may take place only in the case and terms expressed in the previous article, when bad faith by both the debtor and the third party that hired him.

Section 2165 .- If the act was free, will be invalid even though there has been good faith by both contracting parties.

Section 2166 .- There are insolvent when the sum of the debtor's assets and claims, estimated at a fair price, not equal to the amount of their debts. Bad faith, in this case, is the knowledge of that deficit.

Section 2167 .- The action granted to the creditor, in previous articles, against the first purchaser, is not admissible against third owner, but when it has acquired in bad faith.

Section 2168 .- Revoked the fraudulent act of the debtor, if any transfer of property occurred, these will be returned by which it acquired in bad faith, with all its fruits.

Section 2169 .- Whoever has acquired in bad faith the things alienated in fraud of creditors, shall indemnify them for damages, if any thing happened to a good faith purchaser, or where it has been lost.

Section 2170 .- The nullity may take place in both events in which the debtor alienates property actually has, like those in renouncing rights provided to them and not be exclusive and the exercise staff.

Section 2171 .- If the debtor has not waived irrevocably acquired rights, but exercising powers by which we could improve the state of his fortune, creditors can revoke the waiver and use the powers relinquished.

Section 2172 .- It also cancel the payment by the insolvent debtor, before the deadline.

Section 2173 .- Is voidable any act or contract within thirty days prior to the judicial declaration of bankruptcy or contest, and was entered to give an existing loan that does not have a preference.

Section 2174 .- The action for revocation mentioned in Article 2163 shall cease after the debtor meets its debt or buy assets with which to cover.

Section 2175 .- The nullity of the acts of the debtor is only pronounced in the interests of creditors who had asked, and even the amount of their claims.

Section 2176 .- The third person who had passed the debtor's assets, you can stop the action of the creditors meeting the credit of those who had submitted, or giving sufficient guarantee of full payment of their claims if the debtor's assets to satisfy not attained .

Section 2177 .- The fraud, which consists only of undue preference in favor of a creditor, no matter the loss of right but of preference.

Section 2178 .- If the creditor asks for the annulment, to prove the insolvency of the debtor proves that the amount of debt that is longer than their known assets, imposes the debtor to certify that it has sufficient assets to cover those debts.

Section 2179 .- Presumed to be fraudulent conveyances made for consideration by those who had ruled against prior conviction in any instance or issue writs of garnishment, when these disposals prejudice the rights of creditors.

CHAPTER II

Simulation of the Legal Acts

Section 2180 .- It simulated the act on which the parties declare or confess falsely that he has not really happened or has not been agreed between them.

Section 2181 .- Simulation is complete when the simulated act has nothing real is relative when a legal act is given a false appearance that conceals its true nature.

Section 2182 .- The simulation produces absolutely no legal effect. Discovered hiding the actual act concerning the simulation, that act will not be zero if no law so declares.

Section 2183 .- May request the annulment of simulated events, the injured party with the simulation, or the Public Ministry when it was committed in violation of the law or detrimental to the Treasury.

Section 2184 .- After the annulment of a simulated act, it will restore the right thing or to whom it belongs, with its fruits and interest, if any, but if the thing or right has passed for consideration to a third party in good faith, there shall be no restitution.

Also survive levies for bona fide third party.

TITLE FIVE

Extinction of Obligations

CHAPTER I

Compensation

Section 2185 .- Compensation takes place when two people meet the quality of debtors and creditors each other and in their own right.

Section 2186 .- The effect of compensation is extinguished by operation of law the two debts to the amount that the lower amount.

Section 2187 .- The compensation is not necessary but when both debts consist in a sum of money or, if more expendable the right things, are of the same kind and quality, provided they are designated when the contract.

Section 2188 .- For there to rise to compensation requires that the debts are equally liquid and enforceable. Those who were not, may only be offset by express consent of those concerned.

Section 2189 .- This is called liquid debt whose amount has been determined or can be determined within nine days.

Section 2190 .- It's called debt which required that can not refuse payment under the law.

Section 2191 .- If the debts are not of equal amount, the compensation made under Article 2186, is expeditious action for the rest of the debt.

Section 2192 .- Compensation does not take place:

I. If one of the parties has decided not;

II. If a debt has its origin in a conviction for the sake of plunder, for which he won one time in his favor must be paid, although he opposes despojante compensation.

III. If one of the debts off for food;

IV. If a debt has its origin in an annuity;

V. If a debt is from minimum wage;

VI. If the debt regardless of thing that can not be compensated, whether by operation of law or by the title of proceeding, unless they be equally privileged both debts;

VII. If the debt is placing on deposit of thing;

VIII. If they were tax debts, except where authorized by law.

Section 2193 .- In the case of securities payable to order, the debtor can not compensate for what the endorser endorsers slated above.

Section 2194 .- Compensation from the moment it is done legally, it produces its effects in full and extinguished all correlative obligations.

Section 2195 .- The debt that pays a compensable, can not, when your credit demand could be offset, to take advantage, to the detriment of third parties, the privileges and mortgages held in their favor while making the payment, unless he proves that ignorant the existence of credit debt extinguished.

Section 2196 .- If several debts subject to compensation, will continue in the absence of declaration, the order established in Article 2093.

Section 2197 .- The right to compensation may be waived, and expressly, or by events that manifest in a clear willingness to make the waiver.

Section 2198 .- The guarantor before being sued by the creditor can not object to this compensation credit against him have, with the debt of the principal debtor.

Section 2199 .- The guarantor may use compensation for what the creditor owes to the principal debtor, but it can not oppose the compensation of what the creditor owes to the surety.

Section 2200 .- The joint debtor can not demand compensation to the creditor's debt to his co-debtors.

Article 2201 .- A debtor who has consented to the assignment made by the creditor for a third party may not assert against the assignee the compensation could against the assignor.

Article 2202 .- If the creditor made aware of the assignment to the debtor, and he did not consent to it, may raise against the assignee the compensation claims which have against the assignor and that they precede the assignment.

Article 2203 .- If the transfer is made without consent of the debtor, the latter may oppose compensation claims prior to it, and the later to the date on which it had knowledge of the assignment.

Article 2204 .- Debts payable in a different place, can be offset by compensation of transportation costs or change the place of payment.

Article 2205 .- The compensation can not take place at the expense of legitimately acquired rights of third parties.

CHAPTER II

Rights of Confusion

Article 2206 .- The obligation is extinguished by confusion when the status of creditor and debtor meet in one person. The obligation ceases if the confusion is reborn.

Article 2207 .- The confusion that takes place in the person of the debtor or joint debtor only produces its effect on the proportion of your credit or debt.

Section 2208 .- While doing the partition of an inheritance, there is no confusion when the creditor or debtor inherits latter to the former.

CHAPTER III

Remission of Debt

Section 2209 .- Anyone can give up their right and forward, in whole or in part, benefits that are due, except in cases where the law forbids it.

Section 2210 .- The cancellation of the principal debt shall extinguish the accessory obligations, but subsisting of them leave first.

Section 2211 .- Having several guarantors solidarity, forgiveness was granted to only one of them, in part on their responsibility, not profits others.

Section 2212 .- The return of the garment is presumed the right to refer the same token, if the creditor does not prove otherwise.

CHAPTER IV

From Novation

Section 2213 .- There novation of contract where the parties concerned as it substantially altered by substituting a new obligation to the former.

Section 2214 .- Novation is a contract, and as such is subject to the respective provisions, except the following modifications.

Section 2215 .- Novation is never presumed, must be expressly stated.

Section 2216 .- While the above obligation is subject to a suspensive condition, but will be dependent on compliance with the novation of the former, if they have been provided.

Section 2217 .- If the first obligation is extinguished at the time to contract a second will void the novation.

Section 2218 .- Novation is also void if it were the original obligation, unless the cause of nullity may be invoked only by the debtor, or the ratification validates acts void in its origin.

Section 2219 .- If the novation is invalid, shall remain the old obligation.

Section 2220 .- Novation extinguishes the principal obligation and accessory obligations. The creditor may, by an express reservation, to prevent the extinction of accessory obligations which are then passed to the new.

Section 2221 .- The creditor may not reserve the right to pledge or mortgage obligation extinguished if the property mortgaged or pledged to third parties we belonged who have not taken part in the innovation. Neither can be reserved without the consent of the surety bond.

Section 2222 .- Where novation is effected between the creditor and any joint debtor, privileges and mortgages of the old credit can only be reserved with respect to the assets of the debtor who contracts the new obligation.

Article 2223 .- For the novation made between the creditor and one of the joint debtors, are exempted all other co-debtors, subject to the provisions of Article 1999.

TITLE SIX

The absence and invalidity

Section 2224 .- This instrument does not exist for the lack of consent or object that may be the subject of it, will not produce any legal effect. It is not likely to stand up for confirmation, or by prescription, its absence can be invoked by any interested party.

Section 2225 .- The wrongfulness in the object, in the end or the condition of the act produces its invalidity, as absolute or relative, as provided by law.

Section 2226 .- The absolute nullity rule does not prevent the act produces temporary effects, which will be destroyed when it is acting retroactively by the court null and void. It can invoke all interested and does not disappear for confirmation or prescription.

Section 2227 .- The nullity is relative when it has all the characteristics listed in the preceding article. Always allow the temporary act produces its effects.

Section 2228 .- The lack of a statutory if it is not solemn acts, as well as error, fraud, violence, injury, and the inability of any of the authors of the act produces the same relative nullity.

Section 2229 .- The action and the plea of ​​nullity for a lack of responsibility of all stakeholders.

Section 2230 .- The invalidity due to error, fraud, violence, injury or disability, can only be invoked by someone who has suffered these vices of consent, has been damaged by injury or is incapacitated.

Section 2231 .- The nullity of an act is legal for non-statutory, is extinguished by the confirmation of that act made in the form omitted.

Section 2232 .- When the fault occurs in a nullification of the act, if the will of the parties has been a constant and does not unambiguously is a revocable act, either party may require that the act is given in the manner prescribed by law .

Section 2233 .- When the contract is void for failure, violence or error can be confirmed when the defect or cause cessation of nullity, provided there are no other reason to invalidate the confirmation.

Section 2234 .- Voluntary compliance by payment, renewal, or otherwise, it is tacit ratification extinguishes the action for annulment.

Section 2235 .- The confirmation goes back to the day when the act was verified null, but that does not retroactively impair the rights of third parties.

Section 2236 .- The action of invalidity based on disability or in error, you can try the deadlines laid down in Article 638. If the error is known later than these dates, the nullity action shall lapse sixty days since the error was known.

Section 2237 .- The action to demand the annulment of a contract made by violence, prescribes six months from the end this vice of consent.

Section 2238 .- The legal act null and void in part, is not entirely void, if the parties that form it can survive legally separated, unless it is proven that the act would take place only subsist entirely.

Section 2239 .- The annulment of the act requires the parties to mutually restored what they have received or received under or as a result of the annulled act.

Section 2240 .- If the act was bilateral and reciprocal obligations consist of two sums of money or things of fruit production, there shall be restitution respective interests or fruit but from the day the application for annulment. The interests and the fruits received until the time offset each other.

Section 2241 .- While one party does not comply with the return of that which under the declaration of nullity of the contract is required, can not be compelled to fulfill the other on his part.

Section 2242 .- All real or personal rights given to third parties on a property by a person who has come to own it under annulled, are worthless and can be claimed directly from the current holder while the prescription is not met, observing the provisions for third party purchasers in good faith.

PART TWO

Of the various species of Contracts

FIRST TITLE

Contracts Preparatory .- The Promise

Section 2243 .- It can be assumed contractually obliged to hold a future contract.

Section 2244 .- The promise of contract or preliminary contract of another may be unilateral or bilateral.

Section 2245 .- The promise of contract only gives rise to obligations to make, consistent to hold the respective contract in accordance with the offer.

Section 2246 .- For the promise of a valid contract must be in writing, contain the characteristic features of the final contract and limited to a certain time.

Section 2247 .- If the promisor refuses to sign the documents necessary to give legal form to a contract made in his defiance of the judge to sign, except if the thing offered for consideration has passed to the ownership of bona fide third party, for then the promise will lapse, being responsible who made it all the damages that are incurred to the other party.

TITLE TWO

Purchase-Sale

CHAPTER I

General Provisions

Section 2248 .- There will be sale when one party agrees to transfer ownership of a thing or a right, and the other in turn forces them to pay a certain price and money.

Section 2249 .- Generally, the sale is perfect and binding on the parties when agreed on the thing and its price, although the former has not been delivered nor the second satisfied.

Section 2250 .- If the price of the thing sold has to be paid partly in cash and partly with the value of something else, the contract will be sold when the share of cash is equal to or greater than that paid to the value of something else. If the party is less than cash, the contract will swap.

Item 2251 .- The parties may agree that the price is running in days or place or to set a third.

Section 2252 .- Priced by the third party shall not be rejected by the contracting parties, but by mutual agreement.

Section 2253 .- If the third party will not or can not point the price, the contract will be void, unless otherwise agreed.

Item 2254 .- The price signals can not be left to one party.

Section 2255 .- The buyer must pay the price on any terms agreed. In the absence of agreement it shall pay in cash. The delay in payment of the price it will be obliged to pay revenues to the statutory rate on the amount you owe.

Section 2256 .- The price of fruits and cereals sold to non-term traders and for consumption, not exceed greater than those genres if any, in the place, raced in the period from delivery to the end of the next harvest.

Section 2257 .- Purchases of things you usually like, weigh or measure, but will not produce their effects after they have tasted, weighed or measured the objects sold.

Section 2258 .- In the case of sale of certain and well known, the contract may be made on samples.

In case of disagreement between the contracting parties, two experts appointed by each party, and a third in case of disagreement, appointed by them, a decision on the conformity or nonconformity of the articles with signs or qualities which formed the basis of the contract.

Section 2259 .- If the sale is made only to view and pool, even when things tend to count, weigh or measure, means that contractors held after the price are in line, and the buyer may seek rescission of the contract claimed not to have found the body of the quantity, weight or measure which he calculated.

Section 2260 .- Will lead to termination if the seller will present the acquis and homogeneous species, and it conceals lower species type and quality of which are in sight.

Section 2261 .- If the sale of one or more properties is made by lump sum and not especially value their parts or steps, will not lead to termination, although in any lack or excess delivery.

Section 2262 .- The actions arising from items prescribed from 2259 to 2261 in one year from the day of delivery.

Section 2263 .- The contractors will pay for half the cost of writing and recording, unless otherwise agreed.

Section 2264 .- If the same thing be sold by the same seller to different persons, the following shall apply:

Section 2265 .- If the thing sold outside furniture sale prevail first date, if it is not possible to verify the priority of the latter shall prevail made to be in possession of the thing.

Section 2266 .- If the thing sold whatever property, the sale will prevail is first registered, and if none have been, observe the provisions of the preceding article.

Section 2267 .- Sales are void as to cause the concentration or hoarding, in one or a few hands of articles of prime necessity, and that aim to get the higher prices of those items.

Section 2268 .- Retail sales of alcoholic beverages in bars made on credit, are not entitled to demand their money.

CHAPTER II

In the Matter of the Purchase and Sale

Section 2269 .- No one can sell, but it is his property.

Section 2270 .- The sale of another's property is void, and the seller is liable for damages if it comes with malice or bad faith must be taken into account as provided in the Title on the Public Registry to purchasers in good faith.

Section 2271 .- The contract is revalidated, if before the eviction takes place, takes the seller, by any legitimate ownership of the thing sold.

Section 2272 .- The sale of litigious rights thing or is not prohibited, but the seller does not declare the fact of being the thing in dispute is liable for damages if the buyer suffers eviction, being also subject to the respective penalties.

Section 2273 .- In the case of the sale of certain assets, such as those belonging to disabled, the public property, the intent or mortgaged, etc. Must observe the requirements of the law for the sale to be perfect.

CHAPTER III

Of those who can buy and sell

Section 2274 .- Foreigners and legal persons can not purchase real estate, but subject to the provisions of Article 27 of the Constitution of the United Mexican States, and its regulatory laws.

Section 2275 .- (Repealed).

Section 2276 .- The justices, judges, prosecutors, public defenders, lawyers, attorneys and experts, can not buy goods that are the subject of lawsuits involved. They may not be assignees of the rights have on such assets.

Section 2277 .- Exempted from the provisions of the preceding article, the sale or transfer of shares when they are heirs inherited the above persons, or rights that are affected their property.

Section 2278 .- Children for whom parental rights can only sell goods to their parents in the first class including those referred to in Article 428.

Article 2279 .- The owners of an undivided thing can not sell their respective portions of strangers, but rather for the provisions in Articles 973 and 974.

Section 2280 .- You can not buy goods for sale or Directors is responsible for:

I. Tutors and curators;

II. Agents;

III. The executors and those who were appointed in case of intestacy;

IV. The auditors appointed by the testator or by the heirs;

V. Representatives, managers and auditors in the absence;

VI. Public employees.

Section 2281 .- Experts and runners can not buy property in the sale of which have contributed.

Section 2282 .- Purchases made in contravention of the provisions of this Chapter shall be void, and are made directly or by proxy.

CHAPTER IV

Seller's Obligations

Section 2283 .- The seller is obliged:

I. To deliver the thing sold to the buyer;

II. To ensure the quality of the thing;

III. To pay the eviction.

CHAPTER V

From delivery of the thing sold

Section 2284 .- Delivery may be real or virtual legal.

The actual delivery is the physical delivery of the thing sold, or delivery of the title if it is a right.

Delivery is legal when even without being physically delivered the thing, the law regards as received by the buyer.

From the moment the buyer accepts the property sold is at your disposal, it shall be received from it virtually, and the seller to keep it in their power only have the rights and obligations of the depositary.

Section 2285 .- The costs of the delivery of the goods sold are the seller, and their transport or transfer of responsibility of the buyer, unless otherwise agreed.

Section 2286 .- The seller is not obligated to deliver the thing sold, if the buyer has paid the price, unless the contract has indicated a deadline for payment.

Section 2287 .- Is not required to surrender, but granted a term for payment, if after the sale that the buyer is found is in a state of insolvency, so that the seller is in imminent risk of losing money, unless the buyer will pay the bond agreed period.

Section 2288 .- The seller must deliver the thing sold in the state was to improve the contract.

Section 2289 .- The seller must also deliver all the fruits produced from the sale is perfected and yields, equities and the thing.

Section 2290 .- If the sale of real property boundaries have been designated, the seller must deliver all that in them is understood, though there is excess or decreased measurements in the contract.

Section 2291 .- The delivery of the thing sold should be at the agreed place, and if there is no place designated in the contract, the place where the thing was at the time it was sold.

Section 2292 .- If the buyer is in default to receive, the seller paid the rent of warehouses, silos or vessels in which contains what was sold and the seller will be downloaded from the ordinary care to keep the thing, and will only be responsible for fraud or gross negligence.

CHAPTER VI

Buyer's Obligations

Section 2293 .- The buyer must meet everything that is required, and especially pay the price of the thing at the time, place and manner agreed.

Section 2294 .- If you do not have set time and place, payment is made at the time and place where the thing is delivered.

Section 2295 .- If there is doubt about which of the parties shall first make the delivery, either make the deposit with a third.

Section 2296 .- The buyer has interest for the period between delivery of the thing and pay the price, the following three cases:

I. If so agreed;

II. If the thing sold and delivered produce fruits or income;

III. If it has been in default under articles 2104 and 2105.

Section 2297 .- In sales forward, without stipulating interests, not to the buyer because of that, but meanwhile the beneficial use of the thing, as the term became part of the same contract and must be presumed that this consideration is the price of increased sale.

Section 2298 .- If the concession period was subsequent to the contract, the buyer is obliged to pay interest, unless otherwise agreed.

Section 2299 .- When the term buyer expects the price or be disturbed in his possession or right, or having just fear of being, you can stop payment if you have not already done so, while the seller guarantees the possession or give bond unless There is agreement to the contrary.

Section 2300 .- Failure to pay the price given the right to demand termination of the contract, although the sale has been made to run, but if the thing has been alienated to a third party, observe the provisions of Articles 1950 and 1951.

CHAPTER VII

Some forms of Buy-Sell Agreement

Article 2301 .- Can be agreed that the thing purchased is not sold to a particular person, but no clause which stipulates that it can not be sold to anyone.

Section 2302 .- The sale under repurchase agreements and the promise of sale of real estate that has been a sale between the same contracting.

Article 2303 .- You can stipulate that the seller has a right of preference for both, in case the buyer wishes to sell the thing that was covered by the contract of sale.

Article 2304 .- The seller is obliged to exercise their preemptive rights within three days if the thing be movable, then the buyer would have made it clear the offer to have her, under penalty of losing their right if he pursues this time not . If the thing be building will have a period of ten days to exercise the right under the same penalty. In both cases it is required to pay the price the buyer offer it, and if they meet in their shall terminate the covenant of preference.

Article 2305 .- It should be made in a consistent manner, which has preemptive rights, which provide for the thing, and if it sells without such notice, the sale is valid, but the seller liable for damages.

Section 2306 .- If you have been given a deadline to pay the price, which has the preferential right may not use this term if not given the necessary assurances that the price paid at the maturity.

Section 2307 .- When the object you have lien is sold at public auction must be made known to enjoying this right, the date, time and place to verify the auction.

Section 2308 .- The right acquired by the Pact of preference can not be transferred or pass to the heirs of that enjoyment.

Section 2309 .- If you sell things to come, the buyer taking the risk that it came into existence, the contract is random and is governed by the provisions of the chapter on the purchase of hope.

Section 2310 .- The sale is made entitling the purchaser to pay the price in installments, shall be subject to the following rules:

I. If the sale is of real estate can be agreed that the failure to pay one or more fertilizers will result in termination. The termination shall take effect against third parties who have acquired the property in question, provided that the rescission clause is enrolled in the Public Registry.

II. If it is property that are capable of unambiguously identified, may also be agreed rescission clause, that speaks against third parties if enrolled in the Public Registry.

III. If it is property that are not easily identified, the parties may agree on the termination of the sale for failure to pay the price, but that clause does not take effect against bona fide third party who has acquired the goods that this fraction concerned.

Section 2311 .- If you rescind the sale, the seller and the buyer must return any performance that would have been done, but the seller who has delivered the thing sold, the buyer may require for the use of it, paying rent or fixed income experts, and compensation, also set by experts, by the deterioration that has been the thing.

The buyer of the price paid is entitled to statutory interest on the amount delivered.

The conventions that impose more onerous obligations to the buyer that the expressed will be void.

Section 2312 .- You can validly be agreed that the seller retains ownership of the thing sold until the price has been paid.

When the goods sold are listed in sections I and II of Article 2310, the pact that it is against a third party effects, if you enroll in the Public Registry when the goods are of the kind referred to the fraction III of the article just quoted, shall apply in that fraction.

Section 2313 .- The seller referred to in the preceding article, while not the deadline to pay the price, you can not dispose of the thing sold with reservation of ownership. This limitation domain score in the part.

Section 2314 .- If the seller collects the thing sold because he was not the price has been paid shall apply the provisions of section 2311.

Section 2315 .- The sale referred to in article 2312, while not pass the ownership of the property sold to the buyer upon receipt of the thing, will be considered a lessee of the same.

CHAPTER VIII

Form of Purchase and Sale Agreement

Section 2316 .- The contract of sale for its validity does not require any special formality, but when it falls on a property.

Section 2317 .- Alienation of property whose appraised value does not exceed the equivalent of three hundred sixty-five times the general daily minimum wage in force in the Federal District at the time of the operation and the creation or transfer of real rights to the same amount estimated or a credit guarantee of no more than that amount, may be granted a private document signed by the contracting parties before two witnesses whose signatures should be ratified before a notary, the competent judge or the Public Registry of Property.

Contracts for which the Federal District Department alienate land or homes for the constitution of the family property or for people with limited economic resources to the maximum referred to in Article 730, may be granted a private document, without the requirements witness signature or ratification.

Regularization programs in the land made by the Federal District on property privately owned, which may not exceed the stipulated in article 730 of the Code, the contracts concluded between the parties, may be granted in the same conditions referred to above.

The contracts referred to in the second paragraph, as well as those granted in connection with programs to regularize the land made by the Federal District on property privately owned, may also be granted in special open protocol by notaries in the Federal District, who in these cases reduced by fifty percent of the contributions due under the respective tariff.

Section 2318 .- If any of the parties can not write, signed his name and ask another person with legal capacity, can not sign with that character none of the witnesses, observing the provisions in the second paragraph of Article 1834.

Section 2319 .- This instrument will form two originals, one for the buyer and one for the Public Registry.

Section 2320 .- If the appraised value of the property exceeds three hundred and sixty five times the general daily minimum wage in force in the Federal District at the time of the transaction, the sale will be in deed, except as provided by Article 2317.

Section 2321 .- In the case of goods already on the Register and whose value does not exceed three hundred sixty-five times the general daily minimum wage in force in the Federal District at the time of the operation, when the sale is cash may be formalized by making written into certificate of registration of property that the registrar is obliged to issue to the seller on whose behalf the goods are entered.

The constancy of the sale will be ratified before the registrar, who is required to ascertain the identity of the parties and the authenticity of signatures, and after verifying that covered the taxes on the sale made in this way will make a new entry of goods sold for the buyer.

Section 2322 .- The sale of real estate does not have effect against third persons only after registration in the terms prescribed in this Code.

CHAPTER IX

Of the Judicial Sales

Section 2323 .- Judicial sales at auction, auction or public auction shall be governed by the provisions of this title, as to the substance of the contract and the rights and obligations of buyer and seller, with such modifications as expressed in this Chapter. As for the terms and conditions to be verified, will be governed by provisions of the Code of Civil Procedure.

Article 2324 .- They can not finish by itself or through another person, the Judge, Registrar and other court employees, the executives, attorneys, lawyers and bondsmen, executors and guardians, in the case of property belonging to the estate or the disabled, respectively , nor the experts who have valued the property to the auction.

Section 2325 .- Generally judicial sales shall be effective currency and cash, and when will the thing be property to the purchaser free of any liens, unless expressly stated otherwise, for which the judge shall order the cancellation or cancellations to respective the terms prescribed in the Code of Civil Procedure.

Section 2326 .- The court disposals to be checked to divide a common thing, observe the provisions for partition among heirs.