FEDERAL CIVIL CODE
Official Journal of the Federation 26 May, 14 July, 3 and 31 August 1928
Last Reform Published DOF 24 December 2013
The Constitutional President of the Republic has served to address the decree that follows:
PLUTARCO ELIAS STREETS, Constitutional President of the United Mexican States, to its inhabitants, known:
That in use of the faculty that has had to be well conferred to me the H. Congress of the Union for Decrees of January 7 and of December 6, 1926 and of January 3, 1928, the next
FEDERAL CIVIL CODE
Article 1o.- The provisions of this Code will govern throughout the Republic in matters of the federal order.
Article 2o.- The legal capacity is equal for men and women; consequently, the woman is not subject, by reason of her sex, to any restriction on the acquisition and exercise of their civil rights.
Article 3o.- Laws, regulations, circulars or any other provisions of general observance, force and take effect three days after publication in the Official Journal.
In places other than the one in which the Official Journal is published, so that laws, regulations, etc., are published and are obligatory, it is necessary that in addition to the which sets the preceding paragraph, shall be one more day for every 40 kilometres of distance or fraction exceeding half.
Article 4o.- If the law, regulation, circular or provision of general observance, fixes the day on which it must begin to govern, it compels from that day, with such that its publication has been earlier.
Article 5o.- No law or governmental provision shall be made retroactive to the detriment of any person.
Article 6o.- The will of the individuals cannot exempt from the observance of the law, nor alter or modify it. Only private rights that do not directly affect the public interest can be waived where the waiver does not prejudice the rights of third parties.
Article 7o.- The waiver authorized in the previous article does not produce any effect if it is not made in clear and precise terms, so that there is no doubt about the right of renouncement.
Article 8o.- Acts executed against the tenor of prohibitive or public interest laws shall be void, except in cases where the law orders otherwise.
Article 9o.- The law is only abrogated or repealed by a subsequent law that expressly declares it or contains provisions wholly or partially incompatible with the law. previous.
Article 10.- Against observance of the law, it cannot be alleged to be disused, custom or practice to the contrary.
Article 11.- Laws that derogate from the general rules, are not applicable to any case that is not expressly specified in the same laws.
Article 12.- Mexican laws govern all persons who are in the Republic, as well as acts and acts that have occurred in their territory or jurisdiction and those who are to be subject to such laws, except where they provide for the application of a foreign right and, in addition, the provisions of the treaties and conventions to which Mexico is a party.
Article 13.- The determination of the applicable right will be made according to the following rules:
I. The legal situations validly created in the entities of the Republic or in a foreign State according to their right, shall be recognized;
II. The status and capacity of natural persons is governed by the right of the place of their domicile;
III. The constitution, regime and extinction of the real property rights, as well as the tenancies and temporary use of such assets, and the movable property, shall be governed by the right of the place of its location, even if its owners are foreign;
IV. The form of legal acts shall be governed by the right of the place where they are held. However, they may be subject to the forms prescribed in this Code where the act is to have an effect in the Federal District or in the Republic in respect of federal matters; and
V. Except as provided for in the above fractions, the legal effects of acts and contracts shall be governed by the right of the place where they are to be executed, unless the parties have validly designated the applicability of another right.
Article 14.- In the application of foreign law the following shall be observed:
I. It will be applied as the corresponding foreign judge would, for which the judge may be able to make the necessary information about the text, validity, meaning and legal scope of that right;
II. The foreign substantive law shall apply, except where the special circumstances of the case have to be taken into account, exceptionally, the conflicting rules of that right, which make applicable the Mexican substantive rules or a third state;
III. It shall not be an impediment to the application of foreign law, that Mexican law does not provide for essential institutions or procedures to the applicable foreign institution, if there are similar institutions or procedures;
IV. The preliminary, preliminary or incidental questions that may arise on the basis of a main question must not necessarily be resolved in accordance with the right of the latter; and
V. When various aspects of the same legal relationship are regulated by various rights, they will be applied harmoniously, seeking to realize the objectives pursued by each of these rights. The difficulties caused by the simultaneous application of these rights will be resolved by taking into account the requirements of equity in the specific case.
The provisions of this Article shall be observed when the right of another entity of the Federation is applicable.
Article 15.- Foreign law will not apply:
I. When the fundamental principles of Mexican law have been artificially evaded, the judge must determine the fraudulent intent of such evasion; and
II. When the provisions of foreign law or the result of their application are contrary to fundamental principles or institutions of Mexican public order.
Article 16.- The inhabitants of the Federal District have an obligation to exercise their activities and to use and dispose of their property in a way that does not harm the community, under the sanctions set out in this Code and in the relevant laws.
Article 17.- When one, exploiting the sum of ignorance, notorious inexperience or extreme misery of another, gets an excessive profit that is evidently disproportionate to the that the party is obliged, the injured party has the right to choose between asking for the nullity of the contract or the equitable reduction of its obligation, plus the payment of the corresponding damages.
The right granted in this article lasts for a year.
Article 18.- Silence, obscurity or inadequacy of the law do not authorize judges or courts to stop resolving a dispute.
Article 19.- Judicial disputes in civil order shall be settled in accordance with the letter of the law or its legal interpretation. A lack of law will be resolved in accordance with the general principles of law.
Article 20.- When there is a conflict of rights, in the absence of an express law that is applicable, the dispute will be decided in favor of the one that tries to avoid damages and not in favor Of which he intends to profit. If the conflict is between equal rights or the same species, it shall be decided to observe as much equality as possible among the parties concerned.
Article 21.- The ignorance of the laws does not excuse their compliance; but the judges taking into account the notorious intellectual backwardness of some individuals, their departure from the If the public ministry agrees with the public authorities, they may, if it agrees with the Public Ministry, exempt them from the penalties in which they have incurred the lack of compliance with the law which they ignored, or if possible, to grant them a period of time. to comply with it; as long as it is not a matter of laws directly affecting the public interest.
From Physical People
Article 22.- The legal capacity of natural persons is acquired by birth and lost by death; but from the moment an individual is conceived, he enters under the protection of the law and is hereby born to him for the purposes stated in this Code.
Article 23.- The age minority, the state of interdiction and other disabilities established by law, are restrictions on the legal personality that must not undermine the the dignity of the person or the integrity of the family; but the incapable of exercising their rights or obligations through their representatives.
Article 24.- The oldest person has the power to freely dispose of his or her person and property, except for the limitations established by law.
From Morales People
Article 25.- They are moral people:
I. The Nation, the States and the Municipalities;
II. Other public corporations recognized by law;
III. Civil or commercial societies;
IV. The trade unions, professional associations and the others referred to in Article 123 (XVI) of the Federal Constitution;
V. Cooperative and mutual societies;
VI. The associations other than those listed that propose political, scientific, artistic, recreational or any other lawful purpose, provided that they are not unknown by law.
VII. Foreign moral persons of a private nature, in the terms of Article 2736.
Article 26.- Moral persons can exercise all rights that are necessary to realize the object of their institution.
Article 27.- The moral persons act and are obliged by means of the organs that represent them either by law or according to the relative provisions of their laws. constitutive writings and their statutes.
Article 28.- The moral persons shall be governed by the corresponding laws, by their constitutive writing and by their statutes.
Item 28 Bis.- (Repeals).
Article 29.- The domicile of the natural persons is the place where they habitually reside, and in the absence of this, the place of the main center of their business; in the absence of these, the place where they are simply resident and, failing that, the place where they are located.
A person is presumed to be habitually resident in a place, when he or she remains in it for more than six months.
Article 30.- The legal domicile of a natural person is the place where the law establishes his residence for the exercise of his rights and the fulfilment of his obligations, even if it is not present there.
Article 31.- Legal domicile is reputed:
I. Of the unemancipated minor, that of the person whose parental authority is subject;
II. Of the minor who is not under the parental authority and of the most incapacitated, that of his guardian;
III. In the case of minors or abandoned persons, the one that is in accordance with the circumstances provided for in Article 29;
IV. Of the spouses, the spouse in which they live, without prejudice to the right of each spouse to fix their domicile in the manner provided for in Article 29;
V. Of the active-duty military personnel, the place where they are intended;
VI. Of the public servants, the place where they perform their duties for more than six months;
VII. Of the diplomatic officials, the last one they have had in the territory of the accredited state, except with respect to the obligations contracted locally;
VIII. For persons temporarily residing in the country in the performance of a commission or employment of their government or an international body, it shall be that of the state which has designated them or that which they have had prior to that designation. respectively, except for locally contracted obligations; and
IX. Of those sentenced to suffer a custodial sentence for more than six months, the population in which they are extingan, so that it touches on the legal relations after the conviction; as for the previous relations, the sentenced retain the last address they have had.
Article 32.- When a person has two or more addresses, he or she will be considered domiciled in the place where he is simply residing, and if he lives in several, he or she is find.
Article 33.- Moral persons have their domicile at the place where their administration is established.
Those who have their administration outside the Federal District but who carry out legal acts within their constituency will be considered domiciled in this place, as for all (a) what is referred to in those acts.
The branches that operate in places other than where the parent company is located, will have their domicile in those places for the fulfillment of the obligations contracted by them. branches.
Article 34.- You have the right to designate a conventional address for compliance with certain obligations.
From The Civil Registry
Article 35.- In the Federal District, the Judges of the Civil Registry shall be responsible for authorizing the acts of the civil state and for extending the acts relating to birth, recognition of children, adoption, marriage, administrative divorce and death of Mexicans and foreigners residing in the perimeters of the Federal District Delegations, as well as to register the executors declaring the absence, the presumption of death, judicial divorce, guardianship or that has been lost or limited legal capacity to manage goods.
Article 36.- The Judges of the Civil Registry shall settle in special forms that shall be called Forms of the Civil Registry, the minutes referred to in the previous article.
Inscriptions will be typed and in triplicate.
Article 37.- The minutes of the Civil Registry can only be based on the ways in which the previous article speaks.
The violation of this rule will result in the nullity of the act and will be punished by the dismissal of the Judge of the Civil Registry.
Article 38.- If any of the Forms of the Civil Registry is lost or destroyed, copies shall be immediately removed from any of the copies in the archives which are Article 41 of the Law states.
The Attorney General of the Federal District will take care that this provision and this effect, the Judge of the Civil Registry or the person in charge of the Judicial Archive, will be complied with. give notice of the loss.
Article 39.- The marital status is checked only with the relative constances of the Civil Registry; no other document or means of proof is admissible to check, except for cases expressly excepted by law.
Article 40.- When no records have existed, they have been lost, they are illegible or the ways in which the minutes can be assumed to be found will be lost. evidence of the act by instrument or witnesses.
Article 41. The Civil Registry Forms shall be issued by the Head of Government of the Federal District or by whom he designates. They shall be renewed each year and the Judges of the Civil Registry shall forward in the course of the first month of the year, one copy of the Civil Registry Forms of the immediate year preceding the Central Office of the Civil Registry, another to the File of the The Superior Court of Justice of the Federal District and the other, with the documents that correspond to it will remain in the file of the office in which they have acted.
Article 42.- The Civil Registry Judge who does not comply with the preemptions of the previous article, will be removed from office.
Article 43.- You may not settle in the minutes, or by way of note or warning, but what is to be declared for the precise act to which they refer and what is expressly prevented in law.
Article 44.- When the persons concerned cannot attend personally, they may be represented by a special representative for the act, whose appointment is at least in private instrument granted to two witnesses. In cases of marriage or recognition of children, it is necessary to be able to be granted in public deed or extended mandate in private written signed by the grantor and two witnesses and ratified the signatures before Notary Public, Judge of the Family, Minor or Peace.
Article 45.- The witnesses who intervene in the minutes of the Civil Registry, will be of age, preferring those who appoint the interested persons, even if they are their relatives.
Article 46.- The falsification of the minutes and the insertion into them of circumstances or statements prohibited by the law, will cause the dismissal of the Judge of the Civil Registry, without prejudice to the penalties laid down by the law for the offence of falsehood, and for damages.
Article 47.- The defects or defects in the minutes, subject the Judge of the Civil Registry to the corrections indicated by the respective Regulations, but when they are not Substantial will not produce the nullity of the act, unless judicially the falsehood of the act is proved.
Article 48.- Everyone can request testimony from the minutes of the Civil Registry, as well as the notes and documents with them, and the Registrar Judges will be forced to give it.
Article 49.- The acts and acts of the civil state of the Judge himself, of his spouse, ascendants and descendants of any of them, may not be authorized by the same Judge, but shall be settled in the appropriate forms and shall be authorised by the nearest Adscription Judge.
Article 50.- The minutes of the Civil Registry extended in accordance with the provisions that precede, make full proof in all that the Judge of the Civil Registry, in the performance of his duties, he bears witness to having passed in his presence, without prejudice to the fact that the minutes may be false.
The statements of the compounders, made in compliance with the law, make faith until the contrary is proven. What is strange to the record has no value whatsoever.
Article 51.- To establish the civil status acquired by Mexicans outside the Republic, it will be quite a lot for the constances that the interested parties present concerning, subject to the provisions of the Federal Code of Civil Procedures, and provided that they are registered with the Office corresponding to the Federal District or the States.
Article 52.- The Judges of the Civil Registry will be replaced in their temporary faults by the nearest one of the Delegation in which they act. In the absence of this one, by the nearest one of the adjoining Delegation.
Article 53.- The Public Ministry, will take care that the actions and inscriptions that are made in the Civil Registry Forms, be in accordance with the Law, being able to inspect them in any time, as well as to record any registrars who have committed a crime in the exercise of their office, or to give notice to the administrative authorities of the misconduct of the employees.
From birth certificates
Article 54.- Birth declarations shall be made by presenting the child to the Judge of the Civil Registry in his office or at the place where he was born.
Article 55.- They have an obligation to declare the birth, the father and the mother or any of them, in the absence of these, the paternal grandparents and, failing that, the maternal, inside of the six months following the date on which that occurred.
Medical surgeons or midwives who have attended childbirth are obliged to give notice of birth to the Judge of the Civil Registry within 24 hours. The same obligation has the head of the family in whose house the birth took place, if it happened outside the paternal house.
If the birth has a place in a particular sanatorium or the State, the obligation referred to in the preceding paragraph shall be the responsibility of the Director or the person in charge of the administration.
Received the notice, the Judge of the Civil Registry shall take the necessary legal measures to ensure that the birth certificate is lifted in accordance with the relevant provisions.
Article 56.- (Repeals).
Article 57.- In populations where there is no Civil Registry Judge, the child shall be presented to the person exercising the delegational or municipal authority as appropriate, and this give the relevant evidence that the persons concerned shall take the appropriate Registrar of the Registry to settle the minutes.
Article 58.- The birth certificate will be lifted with assistance from two witnesses. It shall contain the day, the time and place of birth, the sex of the file, the name and surnames corresponding to it, and the reason for the fact that it has been presented alive or dead; the digital printing of the file. If the latter is presented as the son of unknown parents, the Judge of the Civil Registry will put the name and surname, stating this circumstance in the minutes.
If the birth occurs in an establishment of seclusion, the Judge of the Civil Registry shall settle as the domicile of the born, the Federal District.
In the cases of Article 60 and 77 of this Code, the Judge shall place the parental surname of the parents or the two surnames of the person who recognizes them.
Article 59.- When the child is presented as a child of marriage, the names, domicile and nationality of the parents, the names and addresses of the grandparents shall be settled. and those of the persons who have made the presentation.
Article 60.- For the name of the father of a child outside the marriage to be recorded in the birth certificate, it is necessary for the child to ask for it or by special proxy. constituted in the form set out in Article 44, the request being made on record.
The mother has no right to stop recognizing her child. You have an obligation to have your name listed in your child's birth certificate. If the presentation is not given the name of the mother, it will be put in the record that the presented is the son of unknown mother, but the investigation of the maternity will be able to be done before the Courts in accordance with the relative dispositions of this Code.
In addition to the names of the parents, their nationality and domicile shall be recorded in the birth certificate.
In the birth minutes, it will not be expressed that it is a natural child case.
Article 61.- If the parent or the parent is unable to attend, or have a proxy, but request both or any of them, the presence of the Registry Judge, this shall pass to the the place where the person concerned is located, and there he will receive from him the request that his name be mentioned; all of which will be settled in the minutes.
Article 62.- If the child is an adulterer, the name of the married or unmarried father may be settled if he so requests; but the name of the mother cannot be settled when she is married and live with her husband, unless the child has been unknown to the child and there is an enforceable sentence stating that he is not his child.
Article 63.- When the child is born of a married woman who lives with her husband, in no case, nor at the request of any person, may the Judge of the Registry settle as a father to another who is not the same husband, unless the child has been unknown to the child and there is an enforceable sentence that declares it.
Article 64.- The incestuous child may be recognized. The parents who recognize it have the right to have their name on the record; but it will not be expressed that the child is incestuous.
Article 65.- Every person who finds a newborn or whose house or property is exposed must present it to the Judge of the Civil Registry with the dresses, values or any other objects found with him, and shall declare the day and place where he has found him, as well as the other circumstances that have occurred in his case, giving further intervention to the Public Ministry.
Article 66.- The same obligation has the heads, directors or administrators of the seclusion establishments, and of any community house, especially those of the hospitals, maternity and inclusive houses, in respect of children born or exposed in them and in the event of non-compliance, the delegational authority shall impose a fine of ten to fifty days on the amount of the statutory minimum wage set in the the appropriate place.
Article 67.- In the minutes that are raised in these cases, all the circumstances referred to in Article 65, the child's apparent age, his or her sex, the name and last name to be placed on it, and the name of the person or house of expodos who take care of it.
Article 68.- If, with the exposito, papers, alhajas or other objects that may lead to the recognition of that, the Judge of the Civil Registry, have been found, they shall order their deposit with the respective Public Ministry; mentioning them in the minutes and giving formal receipt of them to the child.
Article 69.- It is absolutely forbidden to the Judge of the Civil Registry and to the witnesses that according to Article 58 must attend the act, to make inquisition on the paternity. The minutes shall only express what the persons who present the child must declare, even if they are suspected of being untruthful, without prejudice to the fact that they are punishable under the provisions of the Penal Code.
Article 70.- If the birth occurs on board a national vessel, the persons concerned shall extend a constancy of the act, in which the circumstances appear to be refer to the Articles 58 to 65, where appropriate, and shall request that the vessel's master or patron and two witnesses be authorised to be on board, expressing, if not, this circumstance.
Article 71.- In the first national port to which the vessel arrives, the persons concerned shall submit the document referred to in the previous article, to the Judge of the Civil Registry, for that the minutes of the proceedings are settled.
Article 72.- If in the port there is no official of this class, the constancy shall be delivered to the local authority, which shall immediately forward it to the Judge of the Civil registration of the parents ' domicile.
Article 73.- If the birth occurs on a foreign vessel, it shall be observed for the purposes of the Solemnities of the Registry, as prescribed in Article 15.
Article 74.- If the birth occurs during a trip by land, it may be recorded at the place where the parents ' address occurs, according to the rules before In the first case, a copy of the minutes shall be sent to the Judge of the Civil Registry of the parents ' domicile, if they so request, and in the second, the registration shall be made of the term referred to in Article 55, with one more day for each twenty kilometers of distance or fraction exceeding half.
Article 75.- If upon giving notice of a birth the death of the newborn shall also be communicated, two minutes, one of birth and one of death, shall be extended in the Formas del Corresponding Civil Registry.
Article 76.- In the case of multiple births, a record shall be lifted for each of the births, in which, in addition to the requirements set out in Article 58, they shall be recorded. the particularities that distinguish them and the order in which they are born, according to the news provided by the doctor, surgeon, midwife or persons who have attended the birth and, in addition, the fingerprints of those presented will be printed. The Judge of the Civil Registry shall relate the minutes.
Of Recognition Minutes
Article 77.- If the parent or parent of a natural child, or both, presents it for birth, the act shall take all the purposes of legal recognition, with respect to the comparator parent.
Article 78.- If the natural child's recognition is made after his birth has been recorded, separate minutes will be formed.
Article 79.- The recognition of the older natural child requires the express consent of this in the relative act.
Article 80.- If the recognition is made by any of the other means established in this Code, it shall be submitted, within the period of 15 days, to the person in charge of the Registry the original or certified copy of the document that checks it. The record shall be inserted in the record, with the other requirements set out in this Chapter and in Chapter IV of Title VII of this Book.
Article 81.- The omission of the record, in the case of the preceding article, does not remove the legal effects to the recognition made in accordance with the provisions of this Code.
Article 82.- In the recognition act done after the birth certificate, mention is made of the birth certificate, placing the corresponding annotation on it.
Article 83.- If the recognition is made in an office other than that in which the birth certificate was lifted, the Judge of the Civil Registry authorizing the act of recognition, it shall send a copy of it to the person in charge of the office which has registered the birth, to make the entry in the respective minutes.
From Adoption Acts
Article 84.- The final judicial decision authorizing the adoption, the Judge, within the eight-day term, shall transmit a certified copy of the proceedings to the Judge of the corresponding Civil Registry, so that, with the appearance of the adopter, the corresponding record is lifted.
Article 85.- The lack of registration of the adoption does not remove its legal effects; but subject the person responsible to the penalty mentioned in Article 81.
Article 86.- In full adoption, a record shall be lifted as if it were birth, on the same terms as the one issued for the consanguineous children, without prejudice to the provisions of the following Article.
Article 87.-In full adoption, from the lifting of the act referred to in the previous article, the entries shall be made in the birth certificate original, which will be reserved. No evidence shall be published or issued which reveals the origin of the adopted or its condition, except for the provision of judgment.
Item 88.- (Repeals).
Of The Tutfabric Acts
Article 89.- pronounced the self of discernment of the guardianship and published in the terms that prevents the Code of Civil Procedures, the Judge of the Family will transmit certified copy of the order mentioned to the Judge of the Civil Registry to lift the respective act. The Curator will take care of this article.
Article 90.- The omission of the guardianship record does not prevent the guardian from exercising his or her position, nor can it be alleged by any person as a cause to stop dealing with the.
Article 91.- The guardianship act will contain:
I. The name, surname and age of the incapacitated;
II. The kind of disability that the guardianship has been deferred for;
III. The name and other general names of persons who have had the incapacitated under their parental authority prior to the discernment of the guardianship;
IV. The name, surname, age, profession and address of the guardian and the curator;
V. The guarantee given by the guardian, expressing the name, surname and other general of the guarantor, if the guarantee consists of bail; or the location and other signs of the goods, if the guarantee consists of a mortgage or a garment;
VI. The name of the judge who gave the judgment and the date of the judgment;
Article 92.- Extended the guardianship act, the birth of the incapacitated will be noted, observing for the case that it does not exist in the same office of the Registry, the prevented for the article 83.
From Emancipation Acts
Article 93.- In cases of emancipation by effect of marriage, no separate act shall be made; it shall be sufficient to prove it, the act of marriage.
Item 94.- (Repeals).
Article 95.- (Repeals).
Article 96.- (Repeals).
Of Marriage Acts
Article 97.- People who intend to marry shall submit a letter to the Judge of the Civil Registry of the domicile of any of them, which expresses:
I. The names, surnames, age, occupation and domicile of both the suitors and their parents, if they are known. Where either of the suitors or the two have been married, the name of the person with whom he or she held the previous marriage shall also be expressed, the cause of the dissolution and the date of the marriage;
II. That they have no legal impediment to marry, and
III. What is your will to join in marriage.
This writing should be signed by the applicants, and if any one cannot or cannot write, it will be done by another known, older person and neighbor of the place.
Article 98.- In writing as referred to in the previous article, it shall be accompanied by:
I. The birth certificate of the suitors and in their absence a medical opinion that checks their age, when by their appearance it is not noticeable that the male is over sixteen years old and the woman is older than fourteen;
II. The constancy that they give their consent for the marriage to take place, the persons referred to in Articles 149, 150 and 151;
III. The statement of two older witnesses who know the suitors and tell them that they have no legal impediment to marry. If there are no two witnesses who know both suitors, two witnesses shall be presented for each of them;
IV. A certificate signed by a physician entitled to assure, in protest of truth, that the suitors do not have syphilis, tuberculosis, or any chronic and incurable disease that is also contagious and hereditary.
For the destitute they have an obligation to issue this certificate free of charge to the doctors in charge of the official health services;
V. The agreement that the suitors will have to celebrate in relation to their present goods and to those they acquire during the marriage. The convention shall express itself clearly if the marriage is contracted under the regime of the conjugal society or under the rule of separation of goods. If the suitors are minors, they must approve the agreement of the persons whose prior consent is necessary for the celebration of the marriage. It cannot be left to present this convention or even under the pretext that the suitors lack property, for in such a case, it will be about those who acquire during the marriage. The agreement will take into account the provisions of Articles 189 and 211, and the Civil Registry Officer will have to take special care on this point, explaining to the interested parties everything they need to know to the effect that the agreement is properly formulated.
If, in accordance with the provisions of Article 185, it is necessary for the marriage to be recorded in public deed, a testimony of that writing shall be accompanied.
VI. Copy of the death certificate of the deceased spouse if any of the contrayants is widowed, or of the resolutive part of the judgment of divorce or of marriage annulment, in case any of the suitors has been married previously;
VII. Copy of the impediment waiver, if any.
Article 99.- In the event that the suitors, due to lack of knowledge, cannot write the convention referred to in the fifth paragraph of the previous article, they will have the obligation to draw up the Civil Registry Officer, with the data that the same suitors provide.
Article 100.- The Civil Registry Judge to whom a marriage request is filed that fills the requirements listed in the above articles will cause the suitors and ancestors or guardians who must give their consent, recognize before him and separately their signatures. The statements of the witnesses referred to in section III of Article 98 shall be ratified in protest of the truth, before the same Judge of the Civil Registry. The latter, where deemed necessary, shall ensure the authenticity of the signature which calms the medical certificate submitted.
Article 101.- The marriage shall be held within eight days, at the place, day, and time that the Judge of the Civil Registry points out.
Article 102.- On the place, day and time designated for the celebration of the marriage shall be present, before the Judge of the Civil Registry, the suitors or their proxy (a) special provision in the form provided for in Article 44 and two witnesses for each of them, certifying their identity.
The Judge of the Civil Registry will read aloud the request for marriage, the documents that have been filed and the proceedings, and will question the witnesses about whether the suitors are the same persons as the application is concerned. If so, ask each of the suitors if it is their will to join in marriage, and if they are in agreement, they will declare them united in the name of law and society.
Article 103.- Then the marriage act shall be lifted in which it shall be stated:
I. The names, names, age, occupation, domicile and place of birth of the contrayants;
II. If they are older or younger;
III. The names, surnames, occupation and domicile of the parents;
IV. The consent of the grandparents or guardians or of the authorities to supply them;
V. That there was no impediment to the marriage or that it was dispensed;
VI. The statement of the suitors to be their will to unite in marriage, and that of having been united, that the Judge will do in the name of Law and of society;
VII. The manifestation of the spouses who contract marriage under the regime of conjugal society or separation of goods;
VIII. The names, surnames, age, marital status, occupation and domicile of the witnesses, their statement on whether or not they are relatives of the contrayants, and if they are, to what degree and in which line.
IX. That the formalities required by the previous article were completed.
The act shall be signed by the Judge of the Civil Registry, the contrayants, the witnesses, and the other persons who have intervened if they know and are able to do so.
In the minutes, the digital fingerprints of the contrayants will be printed.
Article 103 Bis.- The joint celebration of marriages does not exempt the Judge from the strict observance of the solemnities referred to in the preceding articles.
Article 104.- The suitors who mischievously declare a false fact, the witnesses who dolously affirm the accuracy of the statements of those or their identity, and doctors who are falsely producing the certificate referred to in Article 98 (IV) shall be consigned to the Public Ministry for the purpose of exercising the appropriate criminal action. The same will be done for people who falsely claim to be parents or guardians of the suitors.
Article 105.- The Judge of the Civil Registry who has knowledge that the suitors have an impediment to marry, will raise a record, before two witnesses, in the which shall record the data which makes it assume that there is an impediment. Where there is a complaint, the name, age, occupation, state and address of the complainant shall be expressed in the minutes, inserted at the letter of the complaint. The signed minutes for which she intervenes, shall be forwarded to the appropriate judge of first instance, to make the qualification of the impediment.
Article 106.- Indent claims can be made by anyone. Those who are false subject the complainant to the penalties established for false testimony in civil matters. Whenever there is a declaration that the complainant shall not be prevented, he shall be ordered to pay the costs, damages.
Article 107.- Before submitting the minutes to the judge of first instance, the Judge of the Civil Registry will make known to the suitors the alleged impediment, even if it is relative only one of them, abstaining from any subsequent procedure until the judgment which decides the impediment causes enforceability.
Article 108.- Anonymous or otherwise made claims, if the complainant is not personally presented, will only be admitted when checked. In this case, the Judge of the Civil Registry shall give an account to the appropriate judicial authority of first instance, and shall suspend all proceedings until it is resolved.
Article 109.- Denounced an impediment, the marriage may not be held even if the complainant is deist, until the court has ruled that it declares its absence or is obtained from the.
Article 110.- The Civil Registry Judge authorizing a marriage having knowledge that there is legal impediment, or that it has been denounced, will be punished as The Criminal Code is available.
Article 111.- The Judges of the Civil Registry may only refuse to authorize a marriage, where by the terms of the application, by the knowledge of the interested parties or by In form, they have news that some of the suitors, or both lack legal aptitude to celebrate the marriage.
Article 112.- The Judge of the Civil Registry, who without justified reason, will be late in the celebration of a marriage, will be sanctioned the first time with a fine of $1,000. 00 and in case of recidivism with removal from office.
Article 113.- The Judge of the Civil Registry who receives a request for marriage is fully authorized to demand of the suitors, in protest of telling the truth, all statements that you deem appropriate in order to ensure your identity and fitness to marry.
You may also require a statement under protest to the witnesses that the interested parties present; to the persons who appear as parents or guardians of the suitors, and to the doctors who subscribe to the certificate required by section IV of the article 98.
From Divorce Acts
Article 114.- The enforceable judgment that decrees a divorce will be sent in copy to the Judge of the Civil Registry to lift the corresponding record.
Article 115.- The administrative divorce act shall be lifted in the terms prescribed by Article 272 of this order, upon request in writing by the the spouses and the spouses shall be given the name, age, occupation and domicile of the applicants, the date and place of the Office in which they were married, and the number of items in the corresponding minutes.
Article 116.- Extended the record will be sent to the marriage of the divorcees and the copy of the administrative declaration of divorce will be filed with the same number of the minutes.
Of Deffunction Acts
Article 117.- No imhumation or cremation shall be done without written authorization given by the Judge of the Civil Registry, who shall ensure sufficiently of the death, with certificate issued by a legally authorised physician. No burial or cremation shall be carried out until after 24 hours of death, except where otherwise ordered by the appropriate authority.
Article 118.- In the death act, the data that the Judge of the Civil Registry requires or the statement to be made shall be settled, and shall be signed by two witnesses, preferred for the case, relatives if any, or neighbors.
Article 119.- The death certificate will contain:
I. The name, last name, age, occupation and address of the deceased;
II. The marital status of this, and whether married or widowed, the name and surname of your spouse;
III. The names, names, age, occupation and domicile of the witnesses, and if they are relatives, the extent to which they are;
IV. The names of the parents of the deceased if they are known;
V. The kind of disease that determined the death and specified the place where the corpse is buried;
VI. The time of death, if known, and all reports to be made in the event of violent death.
Article 120.- Those who inhabit the house where the death occurs; directors or administrators of the seclusion establishments, hospitals, colleges or any other Community house, the guests of the hotels, mesons or the neighborhood houses have an obligation to give notice to the Judge of the Civil Registry, within twenty-four hours of the death and in case of non-compliance will be sanctioned with a fine of five hundred to five thousand pesos.
Article 121.- If the death occurs in a place or population where the Office of the Civil Registry does not exist, the municipal authority shall extend the respective constancy forward to the appropriate Civil Registry Judge to release the relevant record.
Article 122.- When the Civil Registry Judge suspects that the death was violent, it will give part to the Public Ministry, communicating all the reports it has, so that proceed to the right of inquiry. When the Public Ministry finds a death, it will give the Judge of the Civil Registry a part to settle the respective act. If the name of the deceased is ignored, the signs of the deceased will be settled, those of the dresses and objects that he has encountered and, in general, everything that can lead to the identification of the person; and whenever greater data is acquired, communicate to the Judge of the Civil Registry to write them in the minutes.
Article 123.- In cases of flooding, shipwreck, fire or any other disaster in which it is not easy to recognize the body, the record will be formed with the data that those who collected it, expressing, as soon as possible, the signs of the same and the dresses or objects that they have encountered.
Article 124.- If the body is not shown but there is certainty that some person has succumbed to the disaster, the act will contain the name of the people who have known to which it does not appear, and any other news about the event that can be acquired.
Article 125.- In the event of death at sea on board a national vessel, or in the national airspace, the minutes shall be formed in the manner prescribed in Article 119, as soon as It shall be possible, and shall be authorized by the master or patron of the ship, and shall also be permitted for the births in Articles 71 and 72.
Article 126.- Where any person dies in lieu other than that of their domicile, they shall be referred to the Judge of the Civil Registry of their domicile, certified copy of the minutes to be This is the case in the respective book.
Article 127.- The head of any military body or detachment, has an obligation to give part to the Judge of the Civil Registry, of the dead that has been in the campaign, or in another act of the service, specifying the parentage.
Article 128.- The courts will take care to refer within twenty-four hours to the execution of the death sentence, a notice to the Judge of the Civil Registry of the where the execution has been verified. This news will contain the name, last name, age, status, and occupation that the executed one had.
Article 129.- In all cases of violent death in detention facilities, no mention of these circumstances and minutes shall be made in the records only contain the other requirements prescribed in Article 119.
Item 130.- (Repeals).
From the Inscriptions of the Executions that declare or modify the Civil State
Article 131.- The judicial authorities that declare the absence, presumption of death, guardianship, divorce or that the ability to administer has been lost or limited goods, within the eight-day period shall refer to the Judge of the corresponding Civil Registry, certified copy of the respective performance.
Article 132.- The Civil Registry Judge shall make the corresponding annotation in the birth and marriage records, if any, and insert the essential data of the judicial resolution that has been communicated to you.
Article 133.- When the legal capacity to administer is recovered, the person declared absent or whose death is presumed to be present, shall be given notice to the Judge of the Civil registration by the same person concerned and by the appropriate authority, to cancel the registration referred to in the previous article.
From Rectification, Modification, and Clarification of Civil Registry Acts
Article 134.- The rectification or modification of a civil status act cannot be done but before the Judicial Branch and by virtue of its judgment, except for the recognition voluntarily make a parent of your child, who will be subject to the requirements of this Code.
Article 135.- There is a place to ask for rectification:
I. By falsehood, when it is alleged that the recorded event did not pass;
II. By amendment, when requesting to vary some name or other circumstance, be essential or accidental.
Article 136.- They can request the rectification of a civil status act:
I. People whose status is treated;
II. Those mentioned in the minutes as related to the marital status of some;
III. The heirs of the persons included in the two previous fractions;
IV. Those who, according to Articles 348, 349 and 350, may continue or attempt the action of which they are treated.
Article 137.- The judgment of rectification of the minutes will be followed in the form that you establish in the Code of Civil Procedures.
Article 138.- The judgment that causes execution shall be communicated to the Judge of the Civil Registry and shall make a reference thereof to the margin of the contested act, whichever the judgment grants or deny rectification.
Article 138 Bis.- The clarification of the minutes of the civil status, as appropriate when in the Civil Registry there are typing, orthographic or other errors that do not affect the essential data of those, and must be processed with the Office of the Civil Registry.
Of The Sponsales
Article 139.- (Repeals)
Article 140.- (Repeals)
Article 141.- (Repeals)
Article 142.- (Repeals)
Article 143.- (Repeals)
Article 144.- (Repeals)
Article 145.- (Repeals)
From Requirements to Contract Marriage
Article 146.- Marriage must be held before the law enforcement officials and with the formalities that they require.
Article 147.- Any condition that is contrary to the perpetuation of the species or to the mutual aid that the spouses are owed, shall be unput.
Article 148. To get married the man needs to have been sixteen years old and the woman fourteen. The Head of Government of the Federal District or the Delegates as appropriate may grant age waivers for serious and justified causes.
Article 149.- The child or daughter who has not been eighteen years of age cannot marry without the consent of her father or mother, if they both live, or from whom survive. This right has the mother even if she has contracted second marriage, if the child lives with her. In the absence or inability of the parents, the consent of the paternal grandparents is needed, if they live both, or of the surviving; in the absence or impossibility of the paternal grandparents, if the two exist, or of the one that survives, the consent of the maternal grandparents.
Article 150.- Missing parents and grandparents, the consent of the guardians is required; and missing, the consent, if any, the Judge of the Family of the residence of the child.
Article 151. Interested parties may occur to the Head of the Federal District Government or to the Delegates, as the case may be, when the ascendants or guardians deny their consent or revoke which they have granted. The aforementioned Authorities, after raising an information about the particular person, will supply or not consent.
Article 152.- If the judge, in the case of Article 150, refuses to provide consent for a marriage to be held, the persons concerned shall proceed to the High Court. in the terms provided by the Code of Civil Procedures.
Article 153.- The ascending or guardian who has given his consent by signing the respective application and ratifying it before the Judge of the Civil Registry, cannot revoke it after, unless there is a fair cause for it.
Article 154.- If the parent or guardian who has signed or ratified the marriage application dies before it is held, its consent cannot be revoked by the person who, failing that, would have the right to grant it; but provided that the marriage is verified within the term set out in Article 101.
Article 155.- The judge who has authorized a child to marry may not revoke the consent, once it has been granted, but for a fair cause. superveniente.
Article 156.- They are impediments to celebrating the marriage contract:
I. The lack of age required by law, when it has not been waived;
II. The lack of consent from which, or those exercising the parental authority, the guardian or the judge, in their respective cases;
III. The parentage of legitimate or natural consanguinity, without limitation of degree in the straight, ascending or descending line. In the same collateral line, the impediment extends to brothers and half brothers. In unequal collateral, the impairment extends only to uncles and nephews, provided they are in the third grade and have not obtained a waiver;
IV. The right-line affinity kinship, without any limitation;
V. Adultery between people who intend to marry, when that adultery has been judicially proven;
VI. The attack on the life of one of the married couples to marry the one who is free;
VII. Serious force or fear. In the case of rapture, the impediment between the raptor and the raptor remains, while the raptor is not restored to safe place, where he can freely manifest his will;
VIII. Incurable impotence for copulation; and chronic and incurable diseases, which are, in addition, contagious or hereditary.
IX. For any of the states of incapacity referred to in Article 450 (II).
X. The marriage subsist with a person other than the one with whom it is intended to contract.
Of these impediments only the lack of age and the kinship of inequitable online consanguinity are dispensable.
Article 158.- The woman cannot contract new marriage until after three hundred days after the dissolution of the former, unless within that period she is given birth. a child. In cases of nullity or divorce, this time can be counted from when the cohabitation was interrupted.
Article 159.- The guardian cannot marry the person who has been or is under his or her guardian, unless he obtains a waiver, which is not granted to him by the President. The municipality concerned, but when the guardianship accounts have been approved.
This prohibition also includes the curator and the descendants of the curator and the guardian.
Article 160.- If the marriage is to be held in contravention of the provisions of the foregoing article, the judge shall immediately appoint an interim guardian who receives the goods and administer while obtaining the waiver.
Article 161.- Dealing with Mexicans who marry abroad, within three months of their arrival in the Republic, the record of the celebration of marriage will be transcribed. the Civil Registry of the place where consort is domiciled.
If the transcript is made within those three months, its civil effects will be rolled back to the date the marriage was celebrated; if it is done later, it will only produce effects from the day that the transcript was made.
Of Rights and Obligations born from Marriage
Article 162.- The spouses are obliged to contribute each for their part to the purposes of the marriage and to help each other.
Everyone has the right to decide in a free, responsible and informed manner about the number and spacing of their children. As far as marriage is concerned, this right will be exercised by common agreement by the spouses.
Article 163.- The spouses will live together at the spousal address. It is considered a marital domicile, the place established by common agreement by the spouses, in which they both enjoy their own authority and equal considerations.
The courts, with knowledge of the case, will be able to exempt one of the spouses from that obligation, when the other one transfers his home to a foreign country, unless he does so in public or social service, or be established rather unsanitary or unseemly.
Article 164.- The spouses will contribute financially to the support of the household, their food and their children, as well as to the education of these in the terms that the The law establishes, without prejudice to the distribution of the burden in the form and proportion that they agree for this effect, according to their possibilities. The former is not obliged to be unable to work and have its own assets, in which case the other will pay full attention to those expenses.
The rights and obligations arising from marriage will always be equal for the spouses and independent of their economic contribution to the maintenance of the home.
Article 165.- The spouses and children, in the field of food, shall have a preferential right to the income and property of the person in charge of the economic support of the family and will be able to demand the insurance of the goods to make these rights effective.
Item 166.- (Repeals).
Article 167.- (Repeals).
Article 168.- The husband and wife will have equal authority and considerations in the household; therefore, they will resolve in common accord everything that leads to the management of the household, to the training and education of the children and the administration of the goods they belong to. In case of disagreement, the Judge of the Family will resolve the conduct.
Article 169.- The spouses will be able to perform any activity except those that damage the family's morale or the structure of the family. Any of them may object to the other performing the activity in question and the Judge of the Family shall rule on the opposition.
Item 170.- (Repeals).
Article 171.- (Repeals).
Article 172.- The husband and wife, older, have the ability to administer, hire or dispose of their own property and exercise the actions or oppose the exceptions to which they correspond, without the husband of the wife's consent, or of the authorization of the wife, except as regards the acts of administration and the domain of the commons.
Article 173.- The husband and wife, minors, will have the administration of their assets, in the terms of the preceding article, but they will need judicial authorization. to dispose, tax or mortgage them and a guardian for their court business.
Article 174.- (Repeals).
Article 175.- (Repeals).
Article 176.- The purchase-sale contract can only be concluded between the spouses when the marriage is subject to the separation of goods regime.
Article 177.- The husband and wife, during the marriage, may exercise the rights and actions of the one against the other; but the prescription between them is not runs for the duration of the marriage.
of the Marriage Contract with Relationship to Goods
Article 178.- The marriage contract must be concluded under the conjugal society regime, or under the separation of goods.
Article 179.- Marriage capitulations are the covenants that the spouses celebrate in order to constitute the conjugal society or the separation of goods and to regulate the administration of these in one and in another case.
Article 180.- Marriage capitulations may be granted before or during the marriage celebration, and may comprise not only the goods that they are The husbands at the time of making the covenant, but also those who acquire after.
Article 181.- The child who under the law may marry, may also grant capitulations, which shall be valid if the grant is granted by the persons whose prior consent is necessary for the celebration of marriage.
Article 182.- The acts that the spouses do against the laws or the natural ends of the marriage are void.
From The Spousal Society
Article 183.- The conjugal society shall be governed by the marriage capitulations which constitute it, and in what is not expressly stipulated, by the provisions relating to the company contract.
Article 184.- The conjugal society is born when the marriage is celebrated or during the marriage. You can understand not only the goods that the husbands own when they are formed, but also the future goods that the consort will acquire.
Article 185.- The matrimonial property in which the conjugal society is constituted shall be recorded in public deed when the spouses agree to become members or transfer the ownership of goods that merit such a requirement for the translation to be valid.
Article 186.- In this case, the alteration that is made of the capitulations must also be granted in public deed, making the respective annotation in the Protocol in which the primitive capitulations were granted, and in the registration of the Public Registry of the Property. Without filling these requirements, the alterations will produce no effects against third parties.
Article 187.- The conjugal society may terminate before the marriage dissolves if the spouses agree, but if they are minors, they must intervene in the dissolution of the company by giving its consent, the persons referred to in Article 181.
This same rule will be observed when the conjugal society is modified during the lower age of the consort.
Article 188.- May also terminate the conjugal society during the marriage, at the request of one of the spouses for the following reasons:
I. If the managing partner, due to his notorious negligence or clumsy administration, threatens to ruin his partner or considerably diminish the commons;
II. When the managing partner, without the express consent of his or her spouse, transfers assets belonging to the spousal society, to his or her creditors;
III. If the managing partner is declared bankrupt, or contest;
IV. For any other reason justifying it in the judgment of the competent court.
Article 189.- The marriage capitulations in which the conjugal society is established must contain:
I. The detailed list of real estate that each consort takes to society, with expression of its value and the taxes that they report;
II. The specified list of movable property that each consort introduces to society;
III. A detailed statement of the debts of each husband when the marriage is celebrated, with the expression of whether the company must respond to them, or only those that are contracted during the marriage, either by both consortes or by any of the they;
IV. The statement expresses whether the conjugal society has to understand all the assets of each consort or only part of them, specifying in the latter case what are the goods to enter into society;
V. The explicit declaration of whether the conjugal society has to understand the goods all of the consort, or only its products. In one case and in another case it shall be determined with all clarity that the part of the goods or their products corresponds to each spouse;
VI. The declaration of whether the product of the work of each consort corresponds exclusively to the one who executed it, or whether it should give the product's participation to the other consort and in what proportion;
VII. The terminant statement about who should be the administrator of the society, with clarity expressed in the powers granted to it;
VIII. The declaration on whether the future assets acquired by the spouses during the marriage belong exclusively to the acquirer, or whether they should be distributed to each other and in what proportion;
IX. The basis for liquidating society.
Article 190.- The capitulation in whose virtue one of the consort has to perceive all the utilities is null, as well as the one that establishes that one of them is responsible for common losses and debts in a party that exceeds the share of capital or profits.
Article 191.- When it is established that one of the consort should only receive a fixed amount, the other consort or his heirs must pay the agreed sum, whether or not utility in society.
Article 192.- Any covenant that amounts to a portion of each spouse's own property shall be considered as a donation and shall be subject to the provisions of Chapter VIII. of this Title.
Article 193.- You cannot give up early gains that result from spousal society; but if marriage is dissolved or the separation of goods is established, they may spouses give up their corresponding earnings.
Article 194.- The domain of the commons resides in both spouses while the conjugal society is subsisting. The administration shall be in charge of whom the spouses have appointed in the matrimonial property, stipulating that it may be freely modified, without the need for an expression of cause, and in case of disagreement, the Judge of the Family will resolve the behavior.
Article 195.- The judgment declaring the absence of any of the spouses, modifies or suspends the spousal society in the cases mentioned in this Code.
Article 196.- The unjustified abandonment for more than six months of the marital domicile by one of the spouses, makes it cease for him, from the day of abandonment, the effects of the conjugal society as soon as they favor it; they will not be able to start again but by express agreement.
Article 197.- The conjugal society terminates by the dissolution of the marriage, by the will of the consort, by the sentence that declares the presumption of death of the spouse absent and in the cases provided for in Article 188.
Article 198.- In cases of nullity, the society is considered to be subsisting until the judgment is given, if the two spouses proceeded in good faith.
Article 199.- When one of the spouses only had good faith, the society will also remain until it causes execution of the sentence, if the continuation is favorable to the spouse innocent; otherwise it will be considered null from the beginning.
Article 200.- If the spouses proceeded in bad faith, the society is considered void since the marriage, and in any case, the rights that a third party have have against the social fund.
Article 201.- If the dissolution of the society proceeds from marriage annulment, the consort who has acted in bad faith shall have no part in the profits. They shall apply to the children, and if not the children, to the innocent spouse.
Article 202.- If the two proceeded in bad faith, the utilities will be applied to the children, and if they do not, they will be spread out in proportion to what each consort took to the marriage.
Article 203.- The society will be formed inventory, in which the bed, the ordinary dresses and the objects of personal use of the consort will not be included, which shall be of these or their heirs.
Article 204.- Terminating the inventory, paying the credits against the social fund, will be returned to each spouse that led to the marriage and the surplus, if the , it shall be divided between the two consort in the agreed form. In the event of losses, the amount of the losses shall be deducted from each consort in proportion to the profits owed to them, and if one has only capital, the total loss shall be deducted from the total loss.
Article 205.- Dead one of the spouses, will continue to survive in the possession and administration of the social fund, with the intervention of the representative of the succession while partition is not verified.
Article 206.- Everything regarding the formation of inventories and solemnities of the partition and the award of the goods shall be governed by the provisions of the Code of Civil Procedures.
From the Property Separation
Article 207.- There may be separation of goods under capitulations prior to marriage, or during this time, by agreement of the consort, or by judicial judgment. Separation may include not only the goods that are owned by the consort by celebrating the marriage, but also those that they acquire after.
Article 208.- The separation of goods can be absolute or partial. In the second case, the goods which are not included in the separation capitulations shall be the subject of the conjugal society which the spouses must constitute.
Article 209.- During marriage the separation of goods may be terminated to be substituted by the conjugal society; but if the consortes are minors, it will be observed the provisions of Article 181.
The same will be observed when separation capitulations are modified during the lower age of the spouses.
Article 210.- It is not necessary for the capitulations in which the separation of goods is agreed to be made public, before the celebration of the marriage. If agreed during the marriage, the formalities required for the transmission of the goods concerned shall be observed.
Article 211.- Capitulations that establish separation of goods will always contain an inventory of the assets owned by each husband when the marriage is held, and A specified note of the debts that each consort has on the marriage.
Article 212.- In the separation of goods regime, the spouses shall retain the ownership and administration of the goods respectively belonging to them and, consequently, all the fruits and accessions of such goods shall not be common, but of the exclusive domain of the owner of them.
Article 213.- The salaries, salaries, emoluments and profits obtained by personal services shall also be owned by each of the consortes for the performance of a employment or the pursuit of a profession, trade or industry.
Item 214.- (Repeals).
Article 215.- The goods that the spouses acquire in common by donation, inheritance, legacy, by any other free title or by gift of fortune, between division, will be administered by both or one of them with the agreement of the other; but in this case the one who manages will be considered as president.
Article 216.- Neither the husband may charge the woman nor is she at any fee or fee for the personal services to which she will lend her, or for advice or assistance that I'll tell you.
Article 217.- The husband and wife who exercise the parental authority shall divide each other by equal parts, half of the usufruct granted to them by the law.
Article 218.- The husband responds to the woman and is to the woman, of the damages caused to her by dolo, guilt or negligence.
From Antenuptial Donations
Article 219.- It is called the donations that before the marriage makes one husband to the other, whatever the name the custom has given them.
Article 220.- It is also anti-Catholic donations that a stranger makes one of the husbands, or both, in consideration of marriage.
Article 221.- Antuptial donations between spouses, even though they are several, may not exceed one-sixth of the donor's assets. In excess the donation will be unofficial.
Article 222.- Antuptial donations made by a stranger, will be unofficious in terms of the common.
Article 223.- To calculate whether an anti-enuptial donation is non-officious, the donor husband and his heirs have the power to choose the time the donation was made or the death of the donor.
Article 224.- If when the donation was made, no inventory of the donor's assets was formed, the time when the donation was granted cannot be chosen.
Article 225.- Antuptial donations do not need for their express acceptance validity.
Article 226.- Antuptial donations are not revoked for over-coming children to the donor.
Article 227.- Neither will be revoked for ingratitude, unless the donor is a stranger, that the donation has been made to both husbands and that the two are ungrateful.
Article 228.- The above donations are revocable and are understood to be revoked by the adultery or the unjustified abandonment of the conjugal domicile by the donor, where the donor is the other spouse.
Article 229.- Children may make antenuptial donations, but only with the intervention of their parents or guardians, or with judicial approval.
Article 230.- The above donations will be left without effect if the marriage will cease to be made.
Article 231.- The rules of common donations are applicable to the above donations, in whatever way they do not go against this chapter.
Of Grants Between Consortes
Article 232.- Consortes may be made donations, provided that they are not contrary to the matrimonial property, nor do they prejudice the right of the ascendants or descendants to receive food.
Article 233.- Donations between consort may be revoked by donors, while the grant of marriage, where there is justified cause for it, in the judgment of the Judge.
Article 234.- These donations will not be nullified by the supervenience of children, but will be reduced when they are unofficial, on the same terms as the common ones.
From Null and Illicit Marriages
Article 235.- They are causes of nullity of a marriage:
I. The error about the person with whom they contract, when understanding a spouse to have a given marriage with a given person, contracts it with another;
II. That the marriage has been concluded by attending some of the impediments listed in Article 156;
III. That it has been held in contravention of the provisions of Articles 97, 98, 100, 102 and 103.
Article 236.- The nullity action that is born of error can only be inferred by the cheated spouse; but if the spouse fails to report the error immediately, it is Consent is ratified and the marriage remains, unless there is any other impediment to the marriage.
Article 237.- The youngest age of sixteen years in man and fourteen in the woman will cease to be a cause of nullity:
I. When there have been children;
II. When, even if there have not been, the child has reached the age of eighteen; neither he nor the other spouse shall have attempted the nullity.
Article 238.- Nullity for lack of consent of the ascendants may only be alleged by that or those to whom the consent was given, and within thirty days counted since you have knowledge of the marriage.
Article 239.- Cesa this cause of nullity:
I. If the thirty days have passed without the order being ordered;
II. If within this term, the ascendant has expressly consented to the marriage, or tacitly, making donation to the children in consideration of the marriage, receiving the consortes to live in their house, presenting to the prole as legitimate to the Civil Registry, or practicing other acts which in the judgment of the judge are so conducive to the effect, such as those expressed.
Article 240.- The nullity for lack of consent of the guardian or the judge may be requested within thirty days by either spouse or by the guardian; but such a cause of invalidity shall cease if, before the application is filed in form, the guardian's ratification or the judicial authorization is obtained, confirming the marriage.
Article 241.- The parentage of undispensed consanguinity annuls the marriage, but if afterwards it is obtained dispensation and both spouses, recognized the nullity, Spontaneously reiterate their consent by means of a record before the Judge of the Civil Registry, the marriage will be revalidated and all legal effects will take place from the day it was first contracted.
Article 242.- The action that is born of this class of nullity and the one that flows from the kinship of affinity in a straight line, can be exercised by any of the spouses, by their ascending and by the Public Ministry.
Article 243.- The action of nullity arising from the cause provided for in the fifth paragraph of Article 156 may be deducted by the offending spouse or the Public Ministry, in the Case of dissolution of the previous marriage due to divorce; and only by the Public Ministry if this marriage has been dissolved by death of the offended spouse.
In one and in another case, the action must be attempted within six months of the marriage of the adulterers.
Article 244.- The action of nullity arising from the attack on the life of one of the spouses to marry him that is free, may be deducted by the children of the spouse victim of the attack, or by the Public Ministry, within the six-month term, counted since the new marriage was celebrated.
Article 245.- Fear and violence will be the cause of marriage nullity if the following circumstances are present:
I. That one or another matter is in danger of losing life, honor, freedom, health, or a considerable portion of the goods;
II. That fear has been caused or the violence made to the spouse or to the person or persons who have him under his or her homeland power or guardianship when marriage is celebrated;
III. That one or the other has subsistid at the time of the marriage.
The action that arises from these causes of nullity can only be inferred by the aggrieved spouse, within sixty days from the date the violence or intimidation ceased.
Article 246.- The nullity that merges in any of the causes expressed in the fraction VIII of article 156, can only be ordered by the spouses, within the term of sixty days counted since the marriage was celebrated.
Article 247.- They have the right to request the nullity referred to in Article 156 (IX), the other spouse or the guardian of the incapacitated.
Article 248.- The link of an earlier marriage, existing at the time of contracting the second, annuls this one even if it is contracted in good faith, believing that the Previous consort had died. The action that arises from this cause of nullity can be inferred by the spouse of the first marriage, by his children or heirs, and by the spouses who contracted the second. Not by deducting any of the above mentioned persons, the Public Ministry will deduct it.
Article 249.- The nullity that merges in the absence of essential formalities for the validity of the marriage, may be alleged by the spouses and by anyone who has an interest in prove that there is no marriage. Such nullity may also be declared at the request of the Public Ministry.
Article 250.- No claim for a declaration of invalidity for lack of solemnities in the act of marriage concluded before the Judge of the Civil Registry, when the existence of the act a possession of marital status.
Article 251.- The right to demand the nullity of marriage corresponds to those who expressly grant it, and it is not transmittable by inheritance or by any other way. However, the heirs will be able to continue the claim for nullity brought by the one they inherit.
Article 252.- Executing the judgment declaring the nullity, the court, of its own motion, shall send a certified copy of it to the Judge of the Civil Registry before whom the marriage, so that, in the margin of the act, it gives a circumstantial note on the record: the resolutive part of the judgment, its date, the court that gave it and the number with which the copy was marked, which will be deposited in the file.
Article 253.- Marriage has in its favor the presumption of being valid; it will only be considered null when it is declared by a judgment that causes execution.
Article 254.- The spouses may not enter into a compromise or compromise on arbitrators, about the nullity of the marriage.
Article 255.- The marriage contracted in good faith, even if declared null, produces all its civil effects in favor of the spouses while it lasts; and at all times, in favor of of children born before the celebration of marriage, during the and three hundred days after the declaration of invalidity, if the consort has not been separated, or since their separation otherwise.
Article 256.- If there has been good faith on the part of only one of the spouses, the marriage produces civil effects only with respect to the and the children.
If there has been bad faith on the part of both consort, marriage produces civil effects only with respect to children.
Article 257.- Good faith is presumed; to destroy this presumption is required full proof.
Article 258.- If the claim for nullity is filed by one of the spouses, the provisional measures provided for in Article 282 shall be issued.
Article 259.- After the judgment on nullity causes enforceability, the father and mother will propose the form and terms of the care and custody of the children and the judge will resolve to your criteria according to the circumstances of the case.
Article 260.- The judge at all times, may modify the determination referred to in the previous article, attentive to the new circumstances and the provisions of the articles 422, 423, and 444, fraction III.
Article 261.- Declared the nullity of the marriage shall proceed to the division of the commons. The deliverables, if the two spouses have proceeded in good faith, shall be divided among them in the form agreed upon in the marriage certificates; if there has only been good faith on the part of one of the spouses, they shall apply in full on those products. If there has been bad faith on the part of both spouses, the products will apply in favour of the children.
Article 262.- Declared the nullity of the marriage, the following rules shall be observed in respect of the following rules:
I. Those made by a third party to the spouses may be revoked;
II. Those who made the innocent spouse to the guilty will have no effect and the things that will be the object of them will be returned to the donor with all their products;
III. Those made to the innocent by the spouse who worked in bad faith will remain;
IV. If the two spouses proceeded in bad faith, the donations that have been made will be in favor of their children. If they do not have them, they will not be able to make the donors claim on the basis of the liberality.
Article 263.- If, when the marriage is declared invalid, the woman is pregnant, the precautions referred to in the first chapter of Title V of the Book Third.
Article 264.- It is illegal, but not null the marriage:
I. When the decision of an impediment that is susceptible to waiver has been pending;
II. Where the prior waiver required by Article 159 has not been granted, and where it is concluded without the terms laid down in Articles 158 and 289 having elapsed.
Article 265.- Those who violate the previous article, as well as those who are older, will marry a child without authorization from the parent of the guardian. or the judge, in their respective cases, and those who authorize such marriages, shall incur the penalties provided for in the Code of the matter.
Of The Divorce
Article 266.- Divorce dissolves the bond of marriage and leaves the spouses in the ability to contract another.
Article 267.- They are divorce causes:
I. The duly proven adultery of one of the spouses;
II. The fact that the woman of birth, during the marriage, a child conceived before this contract is concluded, and who is judicially declared illegitimate;
III. The husband's proposal to prostitute his wife, not only when the same husband has done it directly, but when it is proved that he has received money or any remuneration with the express object of allowing another to have carnal relations with your wife;
IV. The incitement to violence made by one spouse to the other to commit a crime, even if it is not a carnal incontinence;
V. The immoral acts performed by the husband or woman in order to corrupt the children, as well as the tolerance in their corruption;
VI. Suffer syphilis, tuberculosis, or any other chronic or incurable disease that is, in addition, contagious or hereditary, and incurable impotence that overcomes after the marriage is celebrated;
VII. Suffer incurable mental alienation, upon statement of interdiction to be made with respect to the demented spouse;
VIII. The separation of the spousal house for more than six months without justified cause;
IX. The separation of the spousal household from a cause that is quite enough to ask for divorce, if it is prolonged for more than a year without the spouse who has separated the demand for divorce;
X. The declaration of absence legally made, or the presumption of death, in the cases of exception where it is not necessary for the declaration of absence to be made;
XI. The sevicia, threats or serious injuries of one spouse to the other;
XII. The unjustified refusal of the spouses to comply with the obligations referred to in Article 164, without the need for the procedures to be exhausted in advance, as well as the non-compliance, without fair cause, by any of the spouses, of the sentence executed in the case of Article 168;
XIII. The slanderous accusation made by one spouse against the other, for a crime worth more than two years in prison;
XIV. Have committed one of the spouses a crime that is not political, but is infamante, for which he has to suffer a prison term of more than two years;
XV. The habits of gambling or drunkenness or the improper and persistent use of drugs, when they threaten to cause the family's ruin, or constitute a continuous motive for spousal disavenence;
XVI. To commit a spouse against the person or property of the other, an act that would be punishable if it were a strange person, provided that such an act has a penalty to pass from one year of imprisonment to the law;
XVII. Mutual consent.
XVIII. The separation of the spouses for more than 2 years, regardless of the reason for the separation, which may be invoked by any of them.
XIX.- The behaviors of family violence committed by one of the spouses against the other or the children of both or some of them. For the purposes of this article it is understood by family violence the provisions of article 323 ter of this Code.
XX.- The unjustified failure to comply with the determinations of the administrative or judicial authorities that have been ordered, aimed at correcting acts of violence family to the other spouse or children, by the spouse obliged to do so.
Article 268.- When a spouse has filed for divorce or marriage annulment for cause that has not justified or has been withdrawn from the claim or the action without the the defendant's conformity, in turn, has the right to seek a divorce, but may not do so but after three months of the notification of the last sentence or of the order that fell to the withdrawal. During these three months the spouses are not obliged to live together.
Article 269.- Any of the spouses may seek divorce for the adultery of their spouse. This action lasts six months, counted since the knowledge of adultery.
Article 270.- The immoral acts executed by the husband or woman are the cause of divorce in order to corrupt the children, be they both, of one of them. The tolerance in corruption that gives the right to petition for divorce must consist of positive acts, and not simply omissions.
Article 271.- (Repeals).
Article 272.- When both consortes agree to divorce and are old, they do not have children and by common agreement they have settled the conjugal society, if under that The scheme will be married, will be presented personally to the Judge of the Civil Registry of the place of his domicile; they will check with the respective certified copies that they are married and old and will manifest in a terminant and explicit way their willingness to divorce.
The Judge of the Civil Registry, after identification of the consortes, will put up a record in which he will record the application for divorce and will cite the spouses to present themselves to the to ratify it at 15 days. If the consortes do the ratification, the Civil Registry Judge will declare them divorced, lifting the respective act and making the corresponding annotation in that of the previous marriage.
The divorce thus obtained will not have legal effects if the spouses are found to have children, are minors and have not liquidated their conjugal society, and then those suffer the penalties laid down by the Code of Matter.
Consortes who are not in the case provided for in the preceding paragraphs of this Article may be divorced by mutual consent, occurring to the competent Judge in the terms that the Civil Procedure Code orders.
Article 273.- The spouses who are in the case of the last paragraph of the previous Article, are required to present to the Court a convention on which the following points:
I. Designation of the person to whom the children of the marriage are entrusted, both during the procedure and after the divorce;
II. The way to get to the needs of children, both during the procedure and after the divorce has been executed;
III. The house that will serve as a room for each of the spouses during the procedure;
IV. In the terms of Article 288, the amount that a spouse must pay to the other during the procedure and after the execution of the divorce, as well as the way to make the payment and the guarantee to be granted for secure it;
V. The way to manage the assets of the conjugal society during the procedure, and the way to liquidate that society after the execution of the divorce, as well as the designation of liquidators. To this end, an inventory shall be accompanied by an inventory of all the movable or immovable property of the company.
Article 274.- Divorce by mutual consent cannot be requested but a year after the celebration of marriage.
Article 275.- While the divorce is enacted, the judge will authorize the separation of the spouses in a provisional manner, and will dictate the necessary measures to ensure the subsistence of the children to whom there is an obligation to give food.
Article 276.- The spouses who have filed for divorce by mutual consent may meet by common agreement at any time, provided that the divorce does not exist. has been decreed. They will not be able to apply for divorce again by mutual consent but a year after their reconciliation.
Article 277.- The spouse who does not want to seek a divorce based on the causes listed in Article 267 (VI) and (VII) may, however, request that suspend its obligation to cohabit with the other spouse, and the judge, with knowledge of the case, may decree that suspension; the other obligations created by the marriage remain subsisting.
Article 278.- Divorce may only be sued by the spouse who has not given cause to it, and within six months of the day on which the spouse has reached the news. facts in which the claim is founded.
Article 279.- None of the causes listed in Article 267 may be alleged to seek divorce, when you have mediated express or tacit forgiveness; do not consider forgiveness tacit the mere subscription of a voluntary divorce application, or subsequent procedural acts.
Article 280.- The reconciliation of the spouses puts an end to the divorce judgment in any state in which it is found, if there is no enforceable judgment yet. In this case, the interested parties must denounce their reconciliation to the judge, without the omission of this complaint destroying the effects produced by the reconciliation.
Article 281.- The spouse who has not given cause for divorce may, before the judgment to end the litigation, grant his consent the respective pardon; In this case, he cannot again ask for a divorce for the same facts that the pardon referred to and which motivated the previous judgment, but for new ones, even if they are of the same kind, or for different facts that legally constitute cause enough for divorce.
Article 282.- When the demand for divorce is accepted, or sooner if there is urgency and only as long as the judgment lasts, the relevant provisional measures shall be issued, in accordance with the The following provisions:
II. Proceed to the separation of the spouses in accordance with the Code of Civil Procedures;
III. Point out and secure the food that the food debtor must give to the creditor spouse and children;
IV. Those which are deemed appropriate for the spouses to not be liable to harm in their respective property or in those of the conjugal society, if any;
V. Dictate, where appropriate, the precautionary measures that the law establishes with respect to the woman left on;
VI. Put the children to the care of the person who has agreed with the agreement of the spouses, and may be one of them. In the absence of such an agreement, the spouse who asks for divorce will propose the person in whose power the children should be provisionally placed. The judge, after the procedure that sets the respective code, will resolve the conduct.
Barring serious danger to the normal development of children, children under the age of seven must remain in the care of the mother.
VII.- The prohibition on going to a given address or place for one of the spouses, as well as the measures necessary to prevent acts of family violence.
Article 283.- The divorce judgment will ultimately determine the situation of the children, for which the judge will have to resolve all the rights and obligations inherent in the parental rights, their loss, suspension or limitation, as the case may be, and in particular to the custody and care of the children. On its own initiative or at the request of an interested party during the procedure, it shall be made up of the necessary elements, and must listen to both parents and minors, in order to avoid any conduct of family violence or any other circumstance which amerite the need for the measure, considering the higher interest of the latter. In any case it will protect and enforce the right of coexistence with the parents, unless there is danger to the child.
Protection for minors will include the necessary safety, monitoring and therapies to prevent and correct acts of family violence, which may be suspended or amended in accordance with Article 94 of the Code of Civil Procedures for the Federal District.
Article 284.- Before the parental rights or guardianship of the children are definitively provided for, the judge may agree, at the request of the grandparents, uncles or older siblings, any measure that is considered beneficial to minors.
The judge may modify this decision in accordance with the provisions of Articles 422, 423 and 444, fraction III.
Article 285.- The father and mother, even if they lose their parental authority, are subject to all the obligations they have for their children.
Article 286.- The spouse who will cause the divorce will lose everything that has been given or promised by his or her consort or by another person under consideration; the spouse The innocent will retain what has been received and will be able to claim the agreement for its benefit.
Article 287.- The divorce will be executed from then on to the division of the commons and the necessary precautions will be taken to assure the obligations that remain pending between the spouses or in relation to the children. Divorced consort will have an obligation to contribute, in proportion to their assets and income, to the needs of children, to subsistence and to their education until they reach the age of the oldest.
Article 288.- In the cases of divorce necessary, the judge, taking into account the circumstances of the case and among them the ability to work of the spouses, and their situation He will sentence the guilty to the payment of food in favor of the innocent.
In the case of divorce by mutual consent, the woman will have the right to receive food for the same period of duration of the marriage, which right she will enjoy if she has no income sufficient and as long as he does not contract new nuptials or one in concubinage.
The same right as in the previous paragraph will have the male who is unable to work and has insufficient income, while he does not contract new nuptials or be one in concubinate.
When the divorce originates damages or damages to the interests of the innocent spouse, the culprit will respond to them as the author of an unlawful act.
Article 289.- Under the divorce, the spouses will regain their entire ability to marry.
The spouse who has caused the divorce will not be able to remarry, but after two years, to be counted since the divorce was decreed.
In order for spouses who voluntarily divorce themselves to be able to re-marry, it is essential that one year has elapsed since they got the divorce.
Article 290.- The death of one of the spouses ends the divorce judgment, and the deceased's heirs have the same rights and obligations as they would have if they did not. Such judgment existed.
Article 291.- Executed a divorce judgment, the judge of first instance shall send a copy of it to the Judge of the Civil Registry before whom the marriage was held, so that (i) release the relevant minutes and, in addition, publish an extract of the resolution, for a fortnight, in the tables for this purpose.
From Parenting, Food and Family Violence
Article 292.- The law does not recognize more kinship than those of consanguinity and affinity.
Article 293.- The kinship of consanguinity is the one that exists between people who descend from the same parent.
In the case of full adoption, the relationship between the adopter, the adopter, the relatives of the adopter and the descendants of the child, such as the adopter, shall be equated with the relationship. if the adopted child consanguine.
Article 294.- The kinship of affinity is that which is contracted by marriage, between the male and the relatives of the woman, and between the woman and the relatives of the male.
Article 295.- (Repeals).
Article 296.- Each generation forms a degree, and the series of degrees constitutes what is called a kinship line.
Article 297.- The line is straight or transverse: the line consists of the series of degrees between people who descend from each other; the transverse is composed of the series degrees between people who do not descend from each other, come from a common parent or trunk.
Article 298.- The straight line is ascending or descending: ascending is the one that binds a person with its parent or trunk from which it proceeds; descending is the one that binds to the progenitor with which he comes from. The same line is, therefore, ascending or descending, according to the starting point and the relationship to which it is addressed.
Article 299.- On the straight line the degrees are counted by the number of generations, or by the number of people, excluding the parent.
Article 300.- On the transverse line the degrees are counted by the number of generations, going up one of the lines and descending on the other; or by the number of people that there is one and the other of the ends that are considered, excluding that of the parent or common trunk.
Article 301.- The obligation to give food is reciprocal. The one who gives them has the right to ask them.
Article 302.- The spouses must be given food; the Law will determine when this obligation remains in the cases of divorce and others that the same Law points out. Concubines are obliged, in the same way, to give themselves food if the requirements laid down in Article 1635 are satisfied.
Article 303.- Parents are required to give food to their children. In the absence or inability of the parents, the obligation falls on the other relatives in the ascending line to the nearest degree.
Article 304.- Children are required to give food to parents. In the absence or impossibility of the children, they are the closest descendants to the degree.
Article 305.- In the absence or impossibility of the ascendants or descendants, the obligation falls on the brothers of the father and the mother; in the absence of these, in those who are mother only, and in default of them, in which they are only parent.
With the relatives referred to in the above provisions, there is an obligation to minister food to the collateral relatives in the fourth grade.
Article 306.- Brothers and other collateral relatives referred to in the previous article are obliged to give food to minors, while they reach age Eighteen years. They must also feed their relatives within the mentioned grade, which they are unable to do.
Article 307.- The adopter and the adopter have an obligation to give themselves food, in cases where they have the father and children.
Article 308.- Foods comprise food, clothing, room, and assistance in cases of illness. In respect of minors, food also includes the necessary expenses for primary education of the food, and to provide it with some honest craft, art or profession, and appropriate to their sex and personal circumstances.
Article 309.- The obligation to give food meets the obligation by assigning a competent pension to the food creditor or incorporating it, to the family. If the creditor is opposed to being incorporated, it is up to the judge, depending on the circumstances, to determine how to minister the food.
Article 310.- The feeder debtor will not be able to ask that the food item be incorporated into his or her family, in the case of a divorced spouse receiving food. of the other, and when there is legal inconvenience to make that incorporation.
Article 311.- Food must be provided to the possibilities of the food and the needs of those who must receive them. Determined by convention or judgment, food shall have an automatic minimum increase equivalent to the percentage increase of the daily minimum wage in force in the Federal District, unless the food debtor proves that his income is not increased in equal proportion. In this case, the increase in food will be adjusted to the one actually obtained by the debtor. These preventions must always be expressed in the relevant judgment or convention.
Article 312.- If there are several who must give the food and all have the possibility to do so, the judge will distribute the amount between them, in proportion to their you are.
Article 313.- If only some have the possibility, among them the amount of the food will be divided; and if one only has it, he will only fulfill the obligation.
Article 314.- The obligation to give food does not include that of providing capital to children to exercise the trade, art or profession to which they have been engaged.
Article 315.- They have action to ask for food insurance:
I. The food creditor;
II. The ascendant that has you under your parental authority;
III. The tutor;
IV. The brothers, and other collateral relatives within the fourth grade;
V. The Public Ministry.
Article 316.- If the persons referred to in fractions II, III and IV of the foregoing Article cannot represent it in the judgment in which the assurance of the A temporary guardian shall be appointed by the judge.
The insurance may consist of a mortgage, a pledge, a security deposit, a sufficient amount to cover the food or any other form of sufficient guarantee in the judge's judgment.
Article 318.- The interim guardian will give assurance for the annual amount of food. If you administer any fund for that purpose, you will give the legal guarantee.
Article 319.- In cases where those who exercise the parental rights enjoy half the usufruct of the child's property, the amount of the food shall be deducted from that half, and if it fails to cover them, the excess will be taken into account by those who exercise parental authority.
Article 320.- Cesa obligation to give food:
I. When the has no means to comply with it;
II. When the feeder stops needing food;
III. In the event of injury, serious failure or damage inferred by the feeder against which you must lend them;
IV. When the need for food depends on the vicious behavior or lack of application to the work of the feeder, while these causes persist;
V. If the feeder, without the consent of the food, leaves the house of the food for unjustifiable causes.
Article 321.- The right to receive food is not waived, nor can it be subject to transaction.
Article 322.- When the food debtor is not present or standard he will refuse to deliver what is necessary for the food of his family members entitled to receive them, they shall be liable for the debts they have incurred in order to cover that requirement, but only in the amount strictly necessary for that purpose and provided that they are not luxury expenses.
Article 323.- The spouse who has separated from the other, is still required to meet the expenses referred to in Article 164. In such a virtue, which has not given rise to that fact, he may ask the Judge of the family of his residence to oblige the other to give him the expenses for the duration of the separation in the same proportion as he did before of that, as well as to satisfy the debits contracted in the terms of the previous article. If such a proportion cannot be determined, the judge, in the circumstances of the case, shall fix the corresponding monthly sum and give the necessary measures to ensure that he is delivered and that he has ceased to cover since he has been separated.
Article 323 bis.- Family members have the right to have the other members respect their physical and mental integrity in order to contribute to their healthy development for full incorporation and participation in the social core. It will have the assistance and protection of public institutions in accordance with the law.
Article 323 ter.- Family members are required to avoid behaviors that generate family violence.
For family violence is considered the use of physical or moral force, as well as serious omissions, which is repeatedly exercised by one member of the family against another a member of the same, who is concerned with his physical, mental or both physical integrity, whether or not he is capable of injury, provided that the attacker and the victim live in the same address and there is a relationship of kinship, marriage or concubinate.
Of Fatherhood and Filation
Of Marriage Children
Article 324.- Children of spouses are presumed:
I. Children born after one hundred and eighty days counted since the celebration of marriage;
II. The children born within three hundred days after the dissolution of the marriage, whether it comes from the nullity of the contract, the death of the husband or the divorce. This term will be counted in cases of divorce or nullity, since the spouses were in fact separated by court order.
Article 325.- Against this presumption no other proof is admitted that having been physically impossible for the husband to have carnal access with his wife, in the first hundred and twenty days of the three hundred that have preceded birth.
Article 326.- The husband may not ignore the children, alleging adultery of the mother, even though she declares that they are not children of her husband, unless the birth is hidden, or who shows that during the ten months preceding the birth he did not have carnal access with his wife.
Article 327.- The husband may not know the child born after three hundred days since, judicially and in fact the prescribed interim separation took place for cases of divorce and nullity; but the woman, the child or the guardian of the latter, may hold in such cases that the husband is the father.
Article 328.- The husband may not be aware that he is the father of the child born within one hundred and eighty days following the marriage:
I. If it is proven that you knew before getting married to your future consort's pregnancy; for this, a written test principle is required;
II. If he attended the birth certificate and is signed by him, or contains his declaration of not knowing how to sign;
III. If you have expressly recognized your wife's child for yours;
IV. If the child was not able to live.
Article 329.- The questions concerning the paternity of the child born after three hundred days of the dissolution of the marriage may be promoted at any time by the person to whom the filiation is impaired.
Article 330.- In all cases where the husband has the right to contradict that the born is the son of his marriage, he shall deduct his action within sixty days, counted from birth, if present; from the day he arrived at the place, if he was absent; or from the day he discovered the fraud, if the birth was hidden from him.
Article 331.- If the husband is under guardianship for any cause of the ones mentioned in section II of Article 450, this right may be executed by his or her guardian. If the husband does not exercise it, the husband may do so after he has left the guardianship, but always within the period before the appointment is made from the day when the bar is legally declared to have ceased.
Article 332.- When the husband, having or not a guardian, has died without recovery of the reason, the heirs may contradict the paternity in the cases where the parent.
Article 333.- The heirs of the husband, except in the case of the previous article, may not contradict the paternity of a child born within one hundred and eighty days of the marriage celebration, when the husband has not started this lawsuit. In other cases, if the husband has died without making the claim within the business term, the heirs shall have, in order to propose the claim, sixty days, counted from that in which the son has been placed in the possession of the property of the father, or from the heirs are disturbed by the son in the possession of the inheritance.
Article 334.- If the widow, the divorcee, or that whose marriage is declared void, shall contract new nuptials within the period prohibited by Article 158, the filiation of the child born after the new marriage, shall be established according to the following rules:
I. The child is presumed to be from the first marriage if born within three hundred days following the dissolution of the first marriage and before one hundred and eighty days of the second marriage;
II. It is presumed that the son is of the second husband if born after one hundred and eighty days of the celebration of the second marriage, even if the birth takes place within three hundred days after the dissolution of the first marriage;
The one who will deny the presumptions established in the two fractions that precede, must fully prove the physical impossibility of the child being the husband to whom it is attributed;
III. The child is presumed to be born out of wedlock if it is born before one hundred and eighty days of the celebration of the second marriage and after three hundred days of the dissolution of the first.
Article 335.- The lack of knowledge of a child, on the part of the husband or his heirs, shall be made on a form before the competent judge. Any ignorance practiced otherwise is null.
Article 336.- In the judgment of the contradiction of parenthood, the mother and the child shall be heard, to whom, if any, they shall be provided by an interim guardian.
Article 337.- For legal purposes, only the fetus that, detached entirely from the maternal breast, lives twenty-four hours or is presented alive to the Registry is rejected. Civil. If any of these circumstances are lacking, no one will ever be able to demand paternity.
Article 338.- There can be no affiliation, no transaction or commitment in arbitrators.
Article 339.- There may be transaction or arbitrage on the pecuniary rights which the legally acquired filiation may be deducted from, without the concessions being make the child the child, the acquisition of a child of marriage status.
From Testing for the Filing of Born Children in Marriage
Article 340.- The parentage of the children born of marriage is tested with the departure of their birth and the marriage act of their parents.
Article 341.- In the absence of minutes or if these are defective, incomplete or false, it will be tested with the constant possession of a child's state of marriage. In the absence of such possession, all the means of proof which the law authorizes, but the testimonial is not admissible if there is not a principle of proof in writing or evidence or presumptions resulting from facts, are admissible to prove the affiliation. certain to be considered quite serious to determine their admission.
If only one of the records is missing or is unused and the duplicate exists, then the test must be taken, without admitting another class.
Article 342.- If there are children born to two persons who have lived publicly as husband and wife, and both have died, or by absence or illness impossible to manifest the place in which they were married, it cannot be disputed to those children to have been born of marriage for only the lack of presentation of the act of the liaison of their parents, provided that it is proved that they have the possession of state of children of them, or by the means of proof authorized by the preceding article, the filiation is shown and not this is contradicted by the birth certificate.
Article 343.- If an individual has been consistently recognized as a child of marriage, by the husband's family and in society, the possession of a child's status will be proven. if in addition there are any of the following circumstances:
I. That the child has consistently used the last name of the child's father, with the consent of the child;
II. That the father has treated him as a child born of his marriage, providing for his subsistence, education and establishment;
III. That the alleged parent is the age required by Article 361.
Article 344.- Declared null a marriage, there was good or bad faith in the spouses when celebrating, the children held during it are considered as children of marriage.
Article 345.- Not enough is the mother's saying to exclude from parenthood the husband. As long as he is alive, only he can claim against the parentage of the child conceived during the marriage.
Article 346.- The civil actions that are attempted against the child for the goods that he has acquired during his or her state of child born of marriage, even if after that it turns out not to be, be subject to the common rules for prescribing.
Article 347.- The action that the child is responsible for in order to claim his status is imprinted for him and his descendants.
Article 348.- The other heirs of the child may try the action in the previous article:
I. If the child has died before he is twenty-two years old.
II. If the child fell into dementia before he was twenty-two and later died in the same state.
Article 349.- The heirs may continue the action attempted by the child unless the child has formally withdrawn from it, or has not been judicially promoted. for one year since the last due diligence.
They will also be able to answer any claim that has as their object the condition of the child born of marriage.
Article 350.- Creditors, legivers and donatees will have the same rights as the heirs grant Articles 348 and 349, if the child did not leave sufficient goods to pay them.
Article 351.- The actions of the three articles that precede, prescribe at four years, counted since the death of the child.
Article 352.- The possession of a child born of marriage cannot be lost but by an enforceable judgment, which will admit the resources that the laws give, in the trials of greater interest.
Article 353.- If he who is in possession of the rights of the father or son is stripped of them or disturbed in his or her exercise, without preceding the sentence for which he must lose them, you will be able to use the actions that establish the laws to be protected or restored to the possession.
Article 354.- The subsequent marriage of the parents causes the children to be born of marriage to the children who have been married before their celebration.
Article 355.- For the child to enjoy the right granted to him by the preceding article, the parents must expressly acknowledge it before the marriage is held, in the the very act of celebrating it, or during it, making in any case the recognition both parents, together or separately.
Article 356.- If the child was recognized by the parent and in its birth act consists of the mother's name, no express recognition of the mother is required for the child to legitimation takes its legal effects. Nor is it necessary to recognize the father, if the name of the father has already been expressed in the birth certificate.
Article 357.- Although the recognition is later, the children acquire all their rights from the day the marriage of their parents was celebrated.
Article 358.- They may also enjoy the right granted to them by Article 354, the children who have already died when their parents ' marriage is celebrated, if they left descendants.
Article 359.- The unborn children may also enjoy that right, if the parent when they marry declares that they recognize the child of whom the woman is on, or that she recognizes it if that is on.
From The Recognition of Nacids Out of Marriage
Article 360.- The parentage of children born out of wedlock is, in relation to the mother, the only fact of birth. In respect of the parent it is only established by voluntary recognition or by a sentence declaring paternity.
Article 361.- You can recognize your children, those who are the required age for marriage, plus the age of the child to be recognized.
Article 362.- The child cannot recognize a child without the consent of the child or of those who exercise the parental authority, or of the person under whose protection find, or lack thereof, without court authorization.
Article 363.- The recognition made by a minor is nullable if you prove that you suffered error or deception in doing so, and you can try the action up to four years after the major age.
Article 364.- You can recognize the child who is not born and who has died if you have left offspring.
Article 365.- Parents can recognize their child together or separately.
Article 366.- The recognition made by one parent produces effects with respect to the parent and not the other parent.
Article 367.- The recognition is not revocable by the one who did it, and if it was done in will, when it is revoked, the recognition is not revoked.
Article 368.- The Public Ministry will have conflicting action on the recognition of a minor, when it has been effected to the detriment of the child.
The same action shall be taken by the parent who claims for such a character to the exclusion of who has improperly recognized or for the sole effect of the exclusion.
The third party affected by obligations arising from the illegally recognised recognition may contradict it by way of exception.
In no case should the recognition for inheritance be challenged to deprive the recognized child of it.
Article 369.- Recognition of a child born out of wedlock must be done in one of the following ways:
I. In the birth certificate, before the Judge of the Civil Registry;
II. For special minutes before the same judge;
III. For Public Writing;
IV. By testament;
V. By direct and express judicial confession.
Article 370.- When the parent or the parent recognizes a child separately, they may not disclose in the act of recognition the name of the person with whom the child was expose no circumstances where the person can be identified. Words that contain the revelation will be made of their own motion so that they are absolutely unreadable.
Article 371.- The Judge of the Civil Registry, the judge of first instance in his case, and the notary who consent to the violation of the preceding article, will be punished with the (a) the term "employment" and "disablement" for the purpose of performing another term which does not fall within two or more than five years.
Article 372.- The spouse may recognize the child before her marriage without the other spouse's consent; but she will not be entitled to live in the room. conjugal if not with the express anuence of this.
Article 373.- (Repeals).
Article 374.- The child of a married woman may not be recognized as a child by another man other than the husband, but when the husband is unknown, and by execution has been declared to be no child of his.
Article 375.- The oldest child cannot be recognized without his or her consent, or the child without his or her guardian if they have, or the guardian the judge will appoint especially for the case.
Article 376.- If the recognized child is minor, you can claim against recognition when you reach the oldest age.
Article 377.- The term to deduct this action will be two years, which will begin to run from the age of the child, if before the child became aware of the recognition; and if you did not have it, from the date you acquired it.
Article 378.- The woman who cares for or has taken care of the breastfeeding of a child, to whom she has given her name or allowed to take it; who has publicly presented it as her child and has provided for their education and subsistence, may contradict the recognition that a man has made or intends to make of that child. In this case, you will not be able to separate it from your side, unless you agree to deliver it or you are obliged to do delivery by executed sentence. The term to contradict the recognition will be that of sixty days, counted since he became aware of it.
Article 379.- When the mother contradicts the recognition done without her consent, the non-effect will be left, and the question of paternity will be resolved in the trial. Corresponding contradictory.
Article 380.- When the parent and the parent who do not live together recognize the child in the same act, they will agree which of the two will exercise their custody; and in case they do not They will do so, the Judge of the Family of the place, hearing the parents and the Public Ministry will decide what will be more convenient to the interests of the child.
Article 381.- In case the recognition is performed successively by the parents who do not live together, it will exercise the custody that has been recognized first, except that (i) agree to a further agreement between the parents, and provided that the Judge of the Family of the place does not believe it is necessary to amend the convention for a serious reason, with a hearing of the interested parties and the Public Ministry.
Article 382.- The investigation of paternity of children born out of wedlock is permitted:
I. In cases of rape, rape, rape, when the time of crime coincides with that of conception;
II. When the child is in the child state possession of the suspected parent;
III. When the child has been conceived during the time the mother lived under the same roof with the intended father, living marifully;
IV. When the child has in his favor a test principle against the intended father.
Item 383.- Children of the concubinary and concubine are presumed:
I. Those born after one hundred and eighty days counted since the concubinage began;
II. Those born within the three hundred days following the one in which the common life between the concubinaire and the concubine ceased.
Article 384.- The state possession, for the purposes of Article 382 (II), shall be justified by demonstrating by the ordinary means of proof that the child has been treated by the presumed parent, or by his family, as the child of the first, and that he has provided for his subsistence, education, and establishment.
Article 385.- The child born out of wedlock and his descendants is allowed to investigate motherhood, which can be proved by any of the ordinary means; but inquiry will not be allowed when it is intended to attribute the child to a married woman.
Article 386.- Notwithstanding the final part of the previous article, the child will be able to investigate maternity if it follows from a civil or criminal sentence.
Article 387.- The fact of giving food does not in itself constitute proof, nor even presumption, of paternity or maternity. Nor can it be alleged as a reason to investigate these.
Article 388.- Parental or maternity research actions can only be attempted in the life of parents.
If parents have passed away during the child's younger age, they have the right to try the action before they are four years old.
Article 389.- The child recognized by the parent, by the parent, or by both is entitled:
I. To bear the parental surname of their parents, or both of which they acknowledge;
II. To be fed by people who recognize it;
III. To perceive the hereditary portion and the food that the Law establishes.
Article 390.- The greater than twenty-five years, free of marriage, in full exercise of their rights, may adopt one or more minors or an incapacitated, even if this is age, provided that the adopter is seventeen years older than the adopter and that he/she also credits:
I. That it has enough means to provide for the subsistence, education and care of the person who tries to adopt them, as their own child, according to the circumstances of the person who tries to adopt;
II. That adoption is beneficial to the person who is trying to adopt them, attending to the higher interest of the person, and
III. That the adopter is a fit and appropriate person to adopt.
When special circumstances advise, the judge may authorize the adoption of two or more incapacitated or minor and incapacitated simultaneously.
Article 391. The spouses or concubines may adopt, where the two are in agreement to consider the adopted as a child and although only one of the spouses or Concubines meet the age requirement referred to in the previous article, but as long as the age gap between any of the adopters and the adopted one is seventeen years at the very least. The requirements laid down in the fractions of the previous Article shall be further accredited.
Article 392.- No one can be adopted by more than one person, except in the case provided for in the previous article.
Article 393.- The tutor cannot adopt the pupil, but until after the guardianship accounts have been definitively approved.
Item 394.- (Repeals).
Article 395.- The person who adopts will have respect to the person and property of the adopted person, the same rights and obligations that the parents have with respect to the person and property of the children. The adopter shall give name and last name to the adoptee.
Article 396.- The adopted one will have for the person or persons who adopt the same rights and obligations that a child has.
Article 397.- For adoption to take place they must consent to it, in their respective cases:
I. The one who exercises the parental authority over the child to be adopted;
II. The tutor to be adopted;
III. The person who has received for six months the intention to adopt and treats him as a child, where there is no person who exercises the parental authority over him or has a guardian;
IV. The Public Ministry of the place of the address of the adoptee, when the adopted parent has no known parents, no guardian, no person who is holding his or her protection and has received him as a child.
V. The public or private social assistance institutions that have received the child or the disabled person to be adopted.
If the person to be adopted is more than twelve years old, their consent for adoption is also needed. In the case of people who are unable, their consent will be necessary, as long as the expression of their will is possible.
Article 398.- If the guardian or the Public Ministry does not consent to the adoption, they must express the cause in which they are merged, which the judge will qualify taking into account interests of the minor or incapacitated.
Article 399.- The procedure for making adoption will be set in the Civil Procedure Code.
Article 400.- As soon as the court ruling authorizing an adoption is enforceable, it will be consumed.
Article 401.- The judge approving the adoption shall transmit copies of the respective proceedings to the Judge of the Civil Registry of the place to release the corresponding record.
Article 402. Repeals.
Article 403. Repeals.
Item 404. Repeals.
Article 405. Repeals.
Article 406. Repeals.
Article 407. Repeals.
Item 408. Repeals.
Item 409. Repeals.
Article 410. Repeated
Article 410 A.- The one adopted under the form of full adoption is equated to the consanguine son for all legal effects, including the impediments of marriage. The adopter has the same rights, duties and obligations of the consanguineal son in the family of the adopters and must bear the last names of the adopter or adopters.
Full adoption extinguishes the pre-existing parentage between the adopted and its parents and the kinship with the families of these, except for the impediments of marriage. In the event that the adopter is married to one of the parents of the adoptee, the rights, obligations and other legal consequences resulting from the consanguine filiation shall not be extinguished.
Full adoption is irrevocable.
Article 410 B.- In order for full adoption to have effects, in addition to the persons referred to in Article 397 of this Code, the parent must grant their consent. or the mother of the child to be adopted, unless there is a judicial declaration of abandonment.
Article 410 C.- Dealing with full adoption, the Civil Registry shall refrain from providing information on the background of the adopted family of origin, except in the following cases and with judicial authorization:
I. For impairment effects for marriage, and
II. When the adoptee wishes to know his or her family history, provided that he is of age, the consent of the adopters will be required.
Article 410 D.- They cannot adopt by full adoption, persons who have a relationship of consanguine kinship to the minor or incapable.
Article 410 E.- International adoption is promoted by citizens of another country, with habitual residence outside the national territory; and it is intended to incorporate, in a family, a minor who cannot find a family in his own country of origin. This adoption will be governed by the international treaties signed and ratified by the Mexican State and, as a result, by the provisions of this Code.
International adoptions will always be full.
The adoption by foreigners is promoted by citizens of another country, with permanent residence in the national territory. This adoption shall be governed by the provisions of this Code.
Article 410 F.- On an equal basis, preference will be given to the adoption of Mexicans on foreigners.
From the Potestad Homeland
From the Effects of the Fatherland Potato Regarding the Person of the Sons
Article 411.- In the relationship between ascendants and descendants, mutual respect and consideration must prevail, whatever their status, age and condition.
Article 412.- Minor children of non-emancipated age are under the parental authority for as long as there are any of the ascendants to be exercised in accordance with the law.
Article 413.- The parental authority is exercised over the person and property of the children. Their exercise is subject to the keeping and education of minors, to the modalities that will be issued to them, in accordance with the Law on Social Welfare of Child Crime in the Federal District.
Article 414.- The parental authority over the children is exercised by the parents. Where, by any circumstance, they cease to be exercised, they shall be exercised by the other.
In the absence of both parents or any other circumstance provided for in this order, they will exercise the parental authority over the minors, the ascendants in the second degree in the order to determine the judge of the family, taking into account the circumstances of the case.
Item 415.- (Repeals).
Article 416.- In the event of the separation of those who exercise the parental authority, both shall continue to carry out their duties and may agree to the terms of their exercise, particularly with regard to the custody and custody of minors. In the event of disagreement, the judge of the family shall resolve the conduct by hearing the Public Ministry, without prejudice to the provisions of Article 94 of the Code of Civil Procedures for the Federal District.
In this case, based on the best interests of the child, the child will be under the care and care of one of them. The other shall be obliged to assist in his/her feeding and shall retain the rights of surveillance and co-existence with the child, in accordance with the arrangements provided for in the court agreement or judgment.
Article 417.- Those who exercise parental authority, even if they do not have custody, have the right to live with their descendants, unless there is a danger to these.
The personal relationships between the child and his relatives cannot be prevented, without just cause. In the event of opposition, at the request of any of them, the judge of the family shall resolve the conduct of attention to the best interests of the child. Only by judicial mandate may the right of coexistence referred to in the preceding paragraph be limited, suspended or lost, as well as in cases of suspension or loss of the parental authority, in accordance with the procedures for its exercise set out in the court agreement or judgment.
Article 418.- The obligations, powers and restrictions established for the guardians shall apply to the relative who, by any circumstance, has the custody of a child. The one who retains the parental authority will have the obligation to contribute to the relative who has custody of the child in all his or her duties, preserving their rights of coexistence and vigilance.
The previous custody may terminate by decision of the relative who performs it, by whom or who exercise the parental authority or by judicial resolution.
Article 419.- The parental authority over the adopted child shall be exercised only by the persons who adopt them.
Article 420.- Only for the lack or impediment of all the so-called preferentially, those who follow in the order established in the previous articles. If only one of the two persons to whom it is responsible to exercise the parental authority is missing, the remaining person shall continue in the exercise of that right.
Article 421.- While the child is in the parental authority, he/she cannot leave the house of those who exercise it, without permission from them or decree from the competent authority.
Article 422.- People who have the child under their parental rights or custody are required to educate them accordingly.
When you become aware of the Local Councils of Tútela or any administrative authority that these persons do not comply with the above obligation, they will notify the Public Ministry to promote what is appropriate.
Article 423.- For the purposes of the previous article, those who exercise parental rights or have minors in their custody have the right to correct them and the obligation to observe a behavior that serves these as a good example.
The right to correct does not imply inflicting the slightest acts of force that infringe upon his physical or mental integrity in the terms of the provisions of this article. Code.
Article 424.- He who is subject to the homeland may not be able to appear in judgment, or to contract any obligation, without the express consent of the person or of those who are right. In case of irrational dissent, the judge will resolve.
From the Effects of the Homeland Potato Regarding the Goods of the Child
Article 425.- Those who exercise parental authority are legitimate representatives of those who are under it, and have the legal administration of the goods that belong to them, in accordance with the requirements of this Code.
Article 426.- When the parental authority is exercised both by the father and the mother, or by the grandfather and the grandmother, or by the adopters, the administrator of the goods shall be appointed by mutual agreement; but the appointee shall consult his consort on all business and require his express consent for the most important acts of the administration.
Article 427.- The person exercising the parental authority shall also represent the children in judgment; but he shall not be able to conclude any arrangements to terminate it, if not with the express consent of his consort, and with the judicial authorization when the law expressly requires it.
Article 428.- The child's assets, while in the homeland power, are divided into two classes:
I. Goods that you acquire for your work;
II. Goods that you acquire for any other title.
Article 429.- The goods in the first class belong in property, administration, and usufruct to the child.
Article 430.- In the goods of the second class, the property and half of the usufruct belong to the child; the administration and the other half of the usufruct correspond to the persons who exercise parental authority. However, if the children acquire property by inheritance, legacy or donation and the testor or donor has disposed that the usufruct belongs to the child or that it is intended for a particular purpose, it will be in the willing.
Article 431.- Parents may waive their right to half the usufruct, stating their resignation in writing or in any other way that leaves no doubt.
Article 432.- The waiver of the usufruct made in favor of the child is considered to be a donation.
Article 433.- The income and income that has expired before the parents, grandparents or adopters come into possession of the property whose property corresponds to the child, belong to the latter, and in no case shall be the fruits of the enjoyment of the person exercising the parental authority.
Article 434.- The usufruct of the goods granted to persons exercising the parental rights, carries with it the obligations expressed in Chapter II of Title VI, and in addition, those imposed on users, with the exception of the obligation to provide security, out of the following cases:
I. When those exercising the parental authority have been declared bankrupt, or are being held;
II. When they contract further nuptials;
III. When your administration is notoriously ruinous for your children.
Article 435.- When by law or by the will of the father, the child has the administration of the goods, the child shall be treated as emancipated, with the restriction that the law establishes to alienate, tax or mortgage real estate.
Article 436.- Those who exercise the parental authority cannot in any way alienate or tax the immovable property and the precious furniture that correspond to the child, but because of absolute necessity or of obvious benefit, and subject to the authorization of the competent judge.
Neither will be able to enter lease contracts for more than five years, nor receive the advance rent for more than two years; sell commercial, industrial, income securities, actions, fruits and livestock, for the least value of which the place is listed on the day of the sale; make donation of the children's property or voluntary remission of the rights of the children; nor give bail on behalf of the children.
Article 437.- Whenever the judge grants license to those who exercise the parental authority, to dispose of a property or a precious piece of furniture belonging to the child, it shall take the measures necessary to ensure that the proceeds of the sale are dedicated to the object to which it was intended, and that the remainder be invested in the acquisition of a property or be imposed with certain mortgage in favour of the child.
The price of the sale will be deposited in a credit institution, and the person exercising the parental authority will not be able to dispose of it, without a court order.
Article 438.- The right of usufruct granted to persons exercising parental authority is extinguished:
I. For the emancipation derived from marriage or the oldest age of children;
II. For the loss of parental authority;
III. By resignation.
Article 439.- People who exercise parental authority are obliged to account for the administration of the children's property.
Article 440.- In all cases where persons exercising parental authority have an opposite interest to that of the children, they shall be represented, in judgment and outside of it, by a guardian appointed by the judge for each case.
Article 441.- Judges have the power to take the necessary measures to prevent the child's property from being exercised by the poor administration of the fatherland Waste is wasted or decreased.
These measures shall be taken at the request of the persons concerned, of the child when they have been fourteen years of age, or of the Public Ministry in any case.
Article 442.- People who exercise parental rights must hand over their children, after they become emancipated or reach the highest age, all the goods and fruits that belong.
Of The Modes of Finishing and Suspending Your Homeland
Article 443.- The parental authority is just:
I. With the death of the person who exercises it, if there is no other person to relapse;
II. With emancipation, derived from marriage.
III. For the oldest age of the child.
Article 444.- The parental authority is lost by judicial resolution:
I.- When the exercise is expressly condemned to the loss of that right;
II. In cases of divorce, taking into account the provisions of Article 283;
III. When by the depraved customs of the parents, bad treatments or abandonment of their duties, they can compromise the health, safety or morality of the children, even if these facts do not fall under the sanction of the penal law;
IV. For the exposure that the father or mother will make of their children, or because they leave them abandoned for more than six months.
V.- When the person who exercises it is convicted by the commission of a criminal offense in which the victim is the child; and
VI.- When the person who exercises it is convicted two or more times for a felony.
Article 444 bis.- The parental authority may be limited when the person who exercises it incurs family violence as provided for in Article 323 of this Code, in against the persons on whom the exercise is exercised.
Article 445.- The mother or grandmother who passes to second marriage, does not lose the parental authority for this fact.
Article 446.- The new husband will not exercise parental authority over the children of the previous marriage.
Article 447.- The parental authority is suspended:
I. For legally declared incapacity;
II. For the absence declared in form;
III. For a damning sentence imposing this suspension.
Article 448.- The parental authority is not renountable; but those to whom it must be exercised can be excused:
I. When they are sixty years old;
II. When due to their poor health status, they cannot adequately address their performance.
From Your Fabric
Article 449.- The object of the guardianship is the guardian of the person and property of which not being subject to parental authority have natural and legal incapacity, or only the second, to govern themselves. The guardianship may also have as object the acting representation of the incapable in the special cases that point to the law.
In the guardianship, the person of the disabled will be taken care of. Their exercise is subject to the keeping and education of minors to the modalities of the final part of Article 413.
Article 450.- They have natural and legal incapacity:
II. The elderly are diminished or disturbed in their intelligence, even if they have lucid intervals; and those who suffer from a condition caused by disease or persistent deficiency of physical, psychological or sensory character or by the addiction to toxic substances such as alcohol, psychotropic or narcotic drugs; provided that due to the limitation, or the alteration in the intelligence that this causes them cannot govern themselves and force themselves, or manifest their will by some means.
Article 451.- The emancipated minors by reason of the marriage, have legal incapacity for the acts mentioned in the article concerning Chapter I of the title tenth of this book.
Article 452.- The guardianship is a charge of public interest that no one can exempt from, but because of legitimate cause.
Article 453.- The person who refuses to perform the role of guardian without legal cause is responsible for the damages and damages that result from his refusal to be incapacitated.
Article 454.- The guardianship shall be performed by the guardian with the intervention of the curator, the Judge of the Family and the Local Council of Tulfabrics, in the terms established in this Code.
Article 455.- No incapable can have at the same time more than one permanent guardian and curator.
Article 456.- The tutor and the conservator can perform, respectively, the guardianship or the curatelle up to three incapable. If these are siblings, or are cohereners or bequeers of the same person, a single guardian and a conservator can be appointed to all of them, even if they are more than three.
Article 457.- When the interests of some or some of the incapable persons, subject to the same protection, are opposed, the guardian shall inform the judge, who shall appoint a special guardian who defends the interests of the incapable, which he himself designates, while the opposition point is decided.
Article 458.- The counts of guardian and curator of an incapable cannot be performed at the same time by a single person. They also cannot be performed by people who have a kinship in any grade of the straight line, or within the fourth grade of the collateral.
Article 459.- Cannot be appointed guardians or curators by persons who perform the Family Court and those who integrate the Local Councils of Tulfabrics; are linked with a relationship of consanguinity with the above mentioned persons, in the straight line, without limitation of degrees, and in the collateral within the fourth grade inclusive.
Article 460.- When a person who exercises the fatherland powers over an incapacitated person to whom the guardian is to be appointed, his or her executor will be testamentary and in the case of an relatives and persons with whom he has lived, are obliged to give part of the death to the pupil judge, within eight days, in order to provide for the protection, under the penalty of twenty-five hundred pesos of fine.
The judges of the Civil Registry, the administrative authorities and the judicial authorities are obliged to give notice to the judges of the cases in which it is necessary to appoint a guardian and who come to their knowledge in the performance of their duties.
Article 461.- The guardianship is testamentary, legitimate, or dative.
Article 462.- No guardianship may be conferred without prior declaration in the terms of the Civil Procedure Code, the state of incapacity of the person who is going to be subject to it.
Article 463.- Guardians and curators cannot be removed from office without having previously been heard and defeated in judgment.
Article 464.- The child of age who is in any of the cases referred to in Article 450 (II) shall be subject to the protection of minors, while not reach the age of majority.
If, upon completion, the impediment is continued, the incapable shall be subject to new guardianship, upon trial of interdiction, in which the previous guardian and curator shall be heard.
Article 465.- The minor children of an incapacitated will be left under the parental authority of the ascending person who corresponds to the law, and not having been, they will be provided with guardian.
Article 466.- The position of guardian in respect of persons covered by the cases referred to in Article 450 (II), during the time that the interdiction when exercised by the descendants or the ascendants. The spouse will have obligations to carry out that position while retaining his or her spouse's character. Strangers who perform the guardianship at issue have the right to be told of it within ten years of exercising it.
Article 467.- The interdiction that the previous article speaks of will not cease but for the death of the incapacitated or for final judgment, which will be pronounced in the following judgment in accordance with the same rules for interdiction.
Article 468.- The Judge of the Family of the Incapacitated's domicile, and if there is no, the lesser judge, shall provisionally care for the person and property of the incapacitated, until which is named tutor.
Article 469.- The judge who does not comply with the provisions relating to the protection, in addition to the penalties in which he incurs the laws, shall be liable for damages who suffer the incapable.
From Testamentary Tutor
Article 470.- The surviving ascendant, of the two who in each degree must exercise parental authority in accordance with the provisions of Article 414, is entitled, even if minor, to appoint a guardian in his will to those on whom he is exercising, with the inclusion of the posthumous son.
Article 471.- The appointment of a testamentary guardian made in the terms of the previous article, excludes from the exercise of the homeland the power to the ascendants of ulterior grades.
Article 472.- If the excluded ascendants are incapacitated or absent, the guardianship will cease when the impediment ceases or the ascendants are present, unless the testador has expressly provided for the continuation of the guardianship.
Article 473.- He who in his will, even if he is an unemancipated minor, leaves goods, whether by legacy or inheritance, to an incapable person who is not under his or her parental authority. the other, you can appoint guardian only for the administration of the goods you leave.
Article 474.- If several minors are to be appointed, a common guardian may be appointed, or the tutelage of each of them shall be conferred on a different person. provided for in Article 457.
Article 475.- The parent exercising the guardianship of a child subject to interdiction for intellectual disability may appoint a testamentary guardian if the mother has passed away or cannot legally exercise the guardianship.
The mother, if any, may make the appointment as to this article.
Article 476.- In no other case is there a place for the testamentary guardianship of the incapacitated.
Article 477.- Whenever several tutors are appointed, the first appointed, to whom the others will replace, shall be served by the order of their appointment, in the cases of death, disability, excuse or removal.
Article 478.- The provisions of the foregoing article shall not govern when the testator has established the order in which the guardians must be carried out in the performance of the guardianship.
Article 479.- All rules, limitations and conditions set by the testator for the administration of guardianship, which are not contrary to the laws, should be observed. be that the judge, hearing the guardian and the curator, considers them to be harmful to minors, in which case they may dispense or modify them.
Article 480.- If by a conditional appointment of guardian, or for some other reason, the testamentary guardian will be temporarily absent, the judge will provide interim guardian to the minor, in accordance with the general rules on appointment of guardians.
Article 481.- The adopter who exercises the parental authority has the right to appoint a testamentary guardian to his adopted son; the provisions of the articles apply to this guardianship above.
From the Legitimate Guardianship of Minors
Article 482.- There is a legitimate guardianship:
I. When there is no one who exercises parental authority, no testamentary guardian;
II. When guardian is to be appointed for divorce.
Article 483.- The legitimate guardianship corresponds:
I. To the brothers, preferring those who are on both lines;
II. For the lack or inability of the siblings, the other collateral within the fourth grade inclusive.
Article 484.- If there are several relatives of the same degree, the judge shall choose among them the one who appears to be the most suitable for the position; but if the child has been sixteen years old, he will make the choice.
Article 485.- The temporary lack of the legitimate guardian will be met in the terms set forth in the two preceding articles.
From the Legitimate Guardianship of the Disabled Elderly
Article 486.- The husband is a legitimate and forcible guardian of his wife, and this is his husband's.
Article 487.- Older children are guardians of their widowed father or mother.
Article 488.- When there are two or more children, the one who lives in the company of the father or the mother will be preferred; and if several are in the same case, the judge will choose appears to be more apt.
Article 489.- Parents are the guardian of their children, singles or widowers, when they do not have children who can carry out the guardianship, having to agree for whom of the two shall exercise the position.
Article 490.- In the absence of a testamentary guardian and a person who, according to the foregoing articles, must perform the guardianship, they shall be called to it successively; the grandparents, the siblings of the incapacitated person and the other collateral referred to in Article 483 (II); where appropriate, the provisions of Article 484 shall be observed.
Article 491.- The guardian of the incapacitated who has minor children under his or her parental authority, will also be a guardian of them, if there is no other ascendant to whom the law calls the exercise of that right.
From the Legitimate Guardianship of Abandoned Minors and the Welcoming by some Person, or Depositary in Charitable Establishments
Article 492.- The law places the dressings and abandoned under the tutelage of the person who has received them, who will have the obligations, powers and restrictions foreseen. for other tutors.
The child is considered to be exposed to a situation of distress for those under the law who are required to be in custody, protection and care and cannot be determined origin. Where the distress situation relates to a minor whose origin is known, it shall be deemed to be abandoned.
Article 493.- Those responsible for the care homes, whether public or private, where they are exposed or abandoned, will be responsible for the protection of these the laws and to prevent the statutes of the institution. In this case the discretion of the charge is not necessary.
Article 494.- Those responsible for care homes, whether public or private, where minors are received who have been the subject of the family violence to which they refer Article 323 of this order shall have the custody of these in terms of the laws and statutes of the institution. In any case, they will give notice to the Public Ministry and to the person who corresponds to the exercise of the parental authority and is not indicated as responsible for the event of family violence.
Of The Dative Fabric
Article 495.- The dative guardianship takes place:
I. When there is no testamentary guardian or person to whom the law corresponds to the legitimate guardianship;
II. When the testamentary guardian is temporarily prevented from exercising his position, and there is no relative of those designated in Article 483.
Article 496.- The dative tutor will be designated by the minor if he has turned sixteen. The Family Judge will confirm the designation if it does not have a fair cause to reprove it. In order to reprove the subsequent appointments made by the child, the Judge will hear the opinion of the Local Council of Tulfabrics. If the appointment made by the minor is not approved, the Judge shall appoint a guardian in accordance with the provisions of the following Article.
Article 497.- If the child has not served sixteen years, the appointment of the guardian will be done by the Family Judge from among the persons on the list formed each year. by the Local Council of Tufabrics hearing the Public Ministry, who must take care of the fact that the good repute of the person chosen for the guardian is proven.
Article 498.- If the judge does not make the appointment of guardian in due course, it is responsible for the damages to be followed to the child for that fault.
Article 499.- It will always be the guardianship for judicial matters of the emancipated minor.
Article 500.- To minors who are not subject to the parental rights, nor to a testamentary or legitimate guardianship, even if they do not have property, they will be appointed guardian. The protection in this case shall be the subject of the care of the person of the child, to the effect that he receives the education corresponding to his economic possibility and his or her aptitudes. The guardian shall be appointed at the request of the Local Council of Tutfabrics, of the Public Ministry, of the same minor, and even of office by the Judge of the Family.
Article 501.- In the case of the previous article, they have an obligation to perform the guardianship while they last in the charges listed below:
I. The Municipal President of the minor's home address;
II. Other City Council regitors;
III. The persons who perform the administrative authority in the places where there is no Town Hall;
IV. The official teachers of primary, secondary or professional education, where the child lives;
V. The members of the public or private charity boards that enjoy the salary of the Erarium;
VI. The directors of public charity establishments.
The Judges of the Family shall appoint from among the persons mentioned who in each case must perform the guardianship, seeking that this charge is shared equally, without prejudice the persons appearing on the lists to be formed by the Local Councils of Tútela, in accordance with the provisions of Chapter XV of this Title, may also be appointed when they are in agreement to carry out the protection of their which is treated.
Article 502.- If the child who is in the case provided for in Article 500 acquires property, he/she will be appointed as a guardian in accordance with the provisions of the rules general to make those appointments.
From the Inskilled People for the Performance of the Tutor and the ones that need to be Separated from it
Article 503.- They cannot be tutors, even if they are superannuation in receiving the charge:
II. The older adults who are under guardianship;
III. Those who have been removed from another guardianship for having been misconducted, in respect of the person, in respect of the administration of the goods of the incapacitated;
IV. Those who, by way of judgment, have been convicted of the deprivation of this charge or the disqualification to obtain it;
V. He who has been convicted of theft, breach of trust, fraud, fraud or crimes against honesty;
VI. Those who have no office or way of living known or are notoriously of misconduct;
VII. Those who, when the guardianship is deferred, have pending litigation with the incapacitated;
VIII. The debtors of the incapacitated in considerable quantity, in the judgment of the judge, unless the guardian name testamentario has done so with knowledge of the debt, declaring it so expressly when making the appointment;
IX. Judges, magistrates and other officials or employees of the administration of justice;
X. The person who is not domiciled in the place where he is required to exercise the guardianship;
XI. Public employees of the Hacienda, who, by reason of their fate, have current pecuniary responsibility or have had it and have not covered it;
XII. The disease of contagious chronic disease;
XIII. The others to be prohibited by law.
Article 504.- They will be separated from the guardianship:
I. Those who, without having taken care of their handling in accordance with the law, exercise the administration of guardianship;
II. Those who misconduct themselves in the performance of the guardianship, be it in respect of the person, already regarding the administration of the goods of the incapacitated;
III. Tutors who do not surrender their accounts within the term set out in Article 590;
IV. Those included in the previous article, since it has been or has been found to be incapable;
V. The guardian in the case provided for in Article 159;
VI. The guardian who remains absent for more than six months from the place where the guardianship is to be performed.
Article 505.- They may not be guardians or curators of persons within the meaning of Article 450 (II), who have been directly or indirectly caused or promoted such diseases or conditions.
Item 506.- (Repeals).
Article 507.- The Public Ministry and the relatives of the pupil have the right to promote the separation of the guardians who are in one of the cases provided for in the Article 504.
Article 508.- The guardian who is prosecuted for any crime shall be suspended in the exercise of his or her order from the time the person has been given a prison sentence until he/she is pronounce irrevocable statement.
Article 509.- In the case of the previous article, it will be provided to the guardianship according to the law.
Article 510.- Abloose the tutor, you will return to the exercise of your order. If you are sentenced to a penalty that does not lead to the disablement of the guardianship, you will return to the custody of the guardianship, provided that the sentence imposed does not exceed one year of imprisonment.
The Excuses for Tutfabric Performance
Article 511.- They can be excused from being tutors:
I. Employees and public officials;
II. The military on active duty;
III. Those who have three or more descendants under their homeland;
IV. Those who are so poor, that they cannot attend to guardianship without prejudice to their subsistence;
V. Those who, because of the usual poor health, or because of their rudeness and ignorance, cannot properly attend to the guardianship;
VI. Those who are sixty years old;
VII. Those who are in charge of another guardianship or conservatorship;
VIII. Those who, because of their inexperience in business or for a serious reason, in the judgment of the Judge, are not in a position to adequately perform the protection.
Article 512.- If the one who has legitimate excuse to be a guardian accepts the charge, he resigns for the same fact as the excuse granted to him by the Law.
Article 513.- The guardian must propose its impediments or excuses within the term set by the Code of Civil Procedures, and when the term passes without exercising the right, the excuse is renounted.
Article 514.- If the guardian has two or more excuses, it will be proposed simultaneously, within the respective time limit; and if you propose a single one, the others will be understood.
Article 515.- While the impediment or excuse is qualified, the Judge will appoint an interim guardian.
Article 516.- The testamentary guardian who is excused from exercising the guardianship, will lose every right to what the testator has left to him for this concept.
Article 517.- The guardian who without excuse or discarded the one who has proposed does not perform the guardianship, loses the right to inherit the incapacitated who dies intestate, and is responsible for the damages caused by his resignation to the same incapacitated person. In the same sentence the person to whom the legitimate guardianship corresponds, if having been legally cited, does not show the judge manifesting his kinship with the incapable.
Article 518.- Dead the guardian who is performing the guardianship, his heirs or testamentary executors are required to give notice to the judge, who will immediately provide the the guardian's incapacitated, according to the law.
From the Warranty Tutors must be to Secure their Handling
Article 519.- The guardian, before the position is held, will provide caution to ensure its handling. This course shall consist of:
I. On mortgage or garment;
II. On bail.
The collateral security provided by the guardian shall be lodged by depositing the given item in a credit institution authorised to receive deposits; in the absence of such shall deposit in person's power of notorious solvency and good repute.
Item 520.- They are excepted from the warranty obligation:
I. Testamentary tutors, when expressly relieved of this obligation by the testator;
II. The tutor who does not administer goods;
III. The father, the mother and the grandparents, in the cases where according to the law they are called to perform the tutelage of their descendants, except as provided for in Article 523;
IV. Those who engage in an exposito, feed and educate them conveniently for more than ten years, unless they have received a pension to take care of it.
Article 521.- Those included in the section I of the previous article, shall only be required to give assurance when after their appointment has occurred cause ignored by the testator who, in the judgment of the judge and after hearing the curator, makes that necessary.
Article 522.- The guarantee provided by the guardians will not prevent the Judge from the Family, from the Public Ministry, from the Local Council of Tulfabrics, from the next relatives. of the incapacitated or of this if he has turned sixteen years, dictate the providences that are estimated useful for the conservation of the goods of the pupil.
Article 523.- Where the guardianship of the incapacitated is placed on the spouse, in the ascending or in the children, no guarantee shall be given, except where the judge, with a hearing of curator and the Council of Tulfabrics, makes it convenient.
Article 524.- Provided that the guardian is also a coherenter of the incapable, and the guardian has no more goods than the hereditary ones, the guardian may not be required to provide another guarantee the same hereditary portion unless this portion does not equal half of the portion of the incapable, as in such case the guarantee is integrated with the personal property of the guardian or with bail.
Article 525.- Being several disabled persons whose property is derived from an undivided inheritance, if they are several tutors, only each of them will be required guarantee by the party corresponding to his or her representative.
Article 526.- The guardian may not be able to give bail to channel its handling but when it has no property in which to constitute a mortgage or pledge.
Article 527.- When the goods you have are not able to cover the amount to be secured in accordance with the following article, the guarantee may consist of: part in mortgage or pledge, part on bail, or only on bail, in the judgment of the judge, and after hearing of the curator and the Local Council of Tutors.
Article 528.- The mortgage or garment and, in your case, the bail, will be given:
I. For the amount of real estate income in the last two years, and for the income of the capital taxes during that same time;
II. For the value of movable property;
III. For the products of the rustic estates in two years, calculated by experts, or by the average term in a five-year period, at the choice of the judge;
IV. In commercial and industrial negotiations, for twenty percent of the amount of the goods and other furniture effects, calculated by the books if they are carried in due form or judgment of experts.
Article 529.- If the goods of the incapacitated person, listed in the article preceding, increasing or decreasing during the guardianship, may be increased or decreased proportionally mortgage, garment or bond, at the request of the guardian, the curator, the Public Ministry or the Local Council of Tulfabrics.
Article 530.- The Judge responds to the guardian, the damages and damages suffered by the incapacitated for not having demanded that the management of the guardianship be held.
If the guardian, within three months after accepting his appointment, cannot give the guarantee for the amounts fixed in Article 528, the appointment shall be made again guardian.
Article 532.- For the three months indicated in the preceding article, the administration of the goods shall be performed by an interim guardian, who shall receive them by inventory (a) solemn, and may not carry out other acts than are essential for the preservation of the goods and the perception of the products. For any other act of administration it shall require judicial authorization, which shall be granted, if appropriate, by hearing the curator.
Article 533.- By submitting the guardian to your annual account, the Curator or the Local Council of Tufabrics should promote the survival and suitability of the guarantor given by that. This information may also be promoted at any time that you consider appropriate. The Public Ministry has the same power, and even the judge may demand this information.
Article 534.- It is also the obligation of the curator and the Local Council of Tulfabrics to monitor the state of the estates mortgaged by the guardian of the goods delivered in garment, giving notice to the judge of the deterioration and damage to them, so that if the decrease in the price is noticeable, the guardian is required to ensure with other goods the interests he manages.
Article 535.- When the tutor has to administer goods, he/she cannot enter the administration without first being a curator, except in the case of Article 492.
Article 536.- The guardian who enters the administration of the goods without having been appointed a curator, shall be liable for the damages caused to the incapacitated and, in addition, separate from the guardianship; but no stranger can refuse to deal with the court or out of court on the grounds of the lack of a curator.
Article 537.- The tutor is bound:
I. To feed and educate the incapacitated;
II. To allocate, preferably the resources of the incapacitated to the cure of their diseases or to their regeneration if it is a drunk customary or usually abuses of the drugs.
III. To form a solemn and circumstantial inventory of the assets of the incapacitated person, within the term that the judge designates, with the intervention of the curator and the incapacitated himself if he enjoys discernment and has served sixteen years of age;
The term to form the inventory may not be longer than six months;
IV. To manage the flow of the disabled. The pupil will be consulted for important acts of administration when he is able to discern and over sixteen years;
The administration of the goods that the pupil has acquired with his or her work corresponds to him and not the tutor;
V. To represent the incapacitated in judgment and out of it in all civil acts, with the exception of marriage, the recognition of children, the will and others strictly personal;
VI. A timely request for judicial authorization for everything you legally cannot do without it.
Article 538.- The child's food and education expenses must be regulated in such a way that nothing is necessary for him, according to his condition and economic possibility.
Article 539.- When the guardian enters the exercise of his or her duties, the judge shall, with the hearing of the guardian, determine the amount to be invested in the food and education of the less, without prejudice to altering it, according to the increase or decrease of the estate and other circumstances. For the same reasons, the judge may alter the amount which the guardian appointed for that purpose.
Article 540.- The guardian shall direct the child to the career or office of his or her choice, according to his circumstances. If the guardian infringes this provision, the child may, through the conservator, the Local Council of Tutors or himself, bring him to the attention of the Judge of the Family, to dictate the appropriate measures.
Article 541.- If the one who had the parental authority over the child had dedicated it to some career, the guardian will not vary this, without the approval of the judge, who will decide this point prudently and, in any case, hearing the same minor, the curator and the Local Council of Tutors.
Article 542.- If the child's income does not cover the expenses of his or her food and education, the judge will decide whether to use it to learn a trade or to take another job. means to avoid the disposal of the goods and, if possible, subject to the income of the goods, the food costs.
Article 543.- If minors or older people, with some of the disabilities referred to in Article 450, are indigent or lacking sufficient (a) means for the costs of feeding and education, the guardian will legally require the provision of these expenses to relatives who have a legal obligation to feed the disabled. The expense that this originates, will be covered by the food debtor. When the same guardian is obliged to give food, for reasons of his parentage with his tutelage, the curator shall exercise the action to which this article refers.
Article 544.- If minors or minors with disabilities such as those referred to in Article 450 in their fraction II do not have people who are required to feed them, or if If they are not able to do so, the guardian with the authorization of the judge of the family, who will hear the opinion of the curator and the local council of the cloths, will put to the tutored in a public or private charity establishment where it can be educated and be enabled. If this is not possible, the guardian shall ensure that individuals supply work to the disabled, compatible with their age and personal circumstances, with the obligation to feed and educate them. This is not why the guardian is exempted from his position, as he will continue to monitor his tutoring, so that he does not suffer harm from the excessive work, the insufficient food or the defective education that is given to him.
Article 545.- The indigent disabled who cannot be fed and educated by the means provided for in the two previous articles, will be at the expense of the income If you become aware that there are relatives of the incapacitated who are legally required to provide food, the Public Ministry will deduct the appropriate action to be reimbursed to the Federal District. Government of expenditure which it has made in compliance with the provisions of this Article.
Article 546.- The guardian of the disabled referred to in Article 537, part II, is obliged to present to the Judge of the Family, in the month of January of each year, a the certificate of two psychiatrists who declare about the state of the individual subject to interdiction, to whom to that effect they will recognize in the presence of the curator. The Judge shall satisfy himself of the state which the incapacitated holds and shall take all measures he deems appropriate to improve his condition.
Article 547.- For the security, relief and improvement of the persons referred to in the previous article, the guardian shall take the necessary measures, after the judicial authorization to be granted with the curator's hearing. Measures that are very urgent may be implemented by the guardian, who will immediately give the judge the right to obtain the appropriate approval.
Article 548.- The obligation to make inventories cannot be waived even by those who have the right to appoint a testamentary guardian.
Article 549.- While the inventory is not formed, the guardianship must be limited to acts of mere protection to the person and preservation of the property of the disabled.
Article 550.- The guardian is obliged to enter into the inventory the credit it has against the incapacitated; if it does not, it loses the right to charge it.
Article 551.- The goods that the incapacitated acquires after the formation of the inventory, shall be immediately included in it, with the same formalities as prescribed in the Section III of Article 537.
Article 552.- The inventory is not supported by the guardian to prove against him to the detriment of the incapacitated, neither before nor after the oldest age of this, whether he litigates in own name or with the representation of the incapacitated.
The cases in which the error of the inventory is evident or when it is a clearly established right are excepted from the provisions of the preceding paragraph.
Article 553.- If you have omitted to list some assets in the inventory, the child itself, before or after the oldest age, and the curator or any relative, may occur to the judge, asking that the omitted assets be listed; and the judge, hearing the guardian's opinion, will determine in justice.
Article 554.- The guardian, within the first month of exercising his office, shall, with the approval of the judge, determine the amount to be invested in administrative expenditure and the number and salaries of the necessary dependents. Neither the number, nor the salary of the employees, can be increased later, but with judicial approval.
Article 555.- The provisions of the previous article do not release the guardian from justifying, by rendering their accounts that the sums have actually been spent on their respective accounts. objects.
Article 556.- If the child's father or mother exercises any trade or industry, the judge, with a report of two experts, will decide whether or not to continue the negotiation; the parents would have provided something on this point, in which case their will be respected, as soon as it does not offer serious inconvenience to the judge's judgment.
Article 557.- The money that is left over after covers the burdens and the care of the guardianship, the one that comes from the redemptions of capitals and the one that is acquired any other way, it will be imposed by the guardian, within three months counted since two thousand pesos have been collected, on certain mortgage, qualified under his responsibility, taking into account the price of the farm, its products and the depreciation that can occur when performing it.
Article 558.- If to make the imposition within the term stated in the previous article, there will be some serious inconvenience, the tutor will manifest it to the judge, who will be able to extend the deadline for another three months.
Article 559.- The guardian who does not do the impositions within the time limits stated in the two preceding articles will pay the legal returns while the capitals are not taxes.
Article 560.- While the impositions referred to in Articles 557 and 558 are made, the guardian shall deposit the amounts it receives in the public establishment. intended for effect.
Article 561.- The immovable property, the rights attached to them and the precious furniture, cannot be encased or taxed by the guardian, but because of absolute necessity or the utility of the minor, or of the largest with any of the disabilities referred to in Article 450 fraction II duly justified and prior to the confirmation of the curator and the judicial authorization.
Article 562.- When the disposal has been permitted to cover with your product any particular object, the judge shall point out to the guardian a time limit within which it shall accredit that the product of the disposal has been invested in its object. As long as the investment is not made, the provisions of the final part of Article 437 shall be observed.
Article 563.- The sale of the real estate of the minors and the most incapable, is null, if not judicially done in public auction. In the disposal of precious metal and furniture, the judge shall decide whether or not the coin can be dispensed, credited with the usefulness of the tutoring.
Tutors will not be able to sell commercial, industrial, income, shares, fruits and earned securities belonging to the incapacitated, for less value than the one that is listed on the square on the day of the sale, or give bail in the name of the tutoring.
Article 564.- When it comes to the enajenar, tax or mortgage for onerous title, property belonging to the incapacitated as a co-owner, will be started by sending Justipreciar such goods to set out precisely their value and the part which the incapacitated represents in them, in order for the judge to decide whether or not such goods should be materially divided so that they are fully owned by the judge; or on the contrary, it is appropriate to dispose, lien or mortgage, fixing in this case the conditions and assurances with which they must be made, and may, if appropriate, dispense the coin, provided that the guardian and the curator agree.
Article 565.- For all extraordinary expenses that are not of preservation or repair, the guardian needs to be authorized by the judge.
Article 566.- A judicial license is required for the guardian to compromise or compromise the business of the incapacitated.
Article 567.- The appointment of referees by the guardian shall be subject to the approval of the judge.
Article 568.- For the guardian to transit, when the object of the claim consists of real estate, precious furniture or commercial or industrial securities whose amount exceeds a thousand pesos, requires the consent of the curator and the court approval granted with this hearing.
Article 569.- Neither with a judicial license, nor in or outside of it can the guardian buy or lease the assets of the incapacitated, nor make any contract with respect to them, for themselves, their ascendants, their wife or husband, children or brothers by consanguinity or affinity. If you do so, in addition to the nullity of the contract, the act will be sufficient for you to be removed.
Article 570.- Cesa prohibition of the previous article, in respect of the sale of goods, in the event that the guardian or his relatives mentioned there are coherers, members or members of the incapacitated.
Article 571.- The guardian shall not be able to make payment of its claims against the incapacitated without the conformity of the curator and the judicial approval.
Article 572.- The guardian cannot accept for free or onerous title, the assignment of any right or credit against the incapacitated. You can only acquire those rights by inheritance.
Article 573.- The guardian may not lease the assets of the incapacitated, for more than five years, but in case of need or utility, prior to the consent of the curator and the judicial authorization, where appropriate, the provisions of the article 564.
Article 574.- The lease done in accordance with the previous article, will remain for the time agreed upon, even if the guardianship is over; but it will be void in advance for rent or rent for more than two years.
Article 575.- Without judicial authorization, the guardian cannot receive borrowed money on behalf of the incapacitated, whether or not it is a mortgage on the contract.
Article 576.- The tutor cannot make donations in the name of the incapacitated.
Article 577.- The guardian has, in respect of the child, the same powers as the ascendant grants Article 423.
Article 578.- During the guardianship there is no prescription between the tutor and the incapacitated.
Article 579.- The tutor has an obligation to admit simple donations, legacies and inheritances that are left to the incapacitated.
Article 580.- Expropriation for the purpose of public utility of disabled goods shall not be subject to the rules laid down above, but to the provisions of the laws of the material.
Article 581.- When the guardian of an inability is the spouse, it will continue to exercise the conjugal rights with the following modifications:
I. In cases in which the consent of the spouse is required, this shall be provided by the judge with the hearing of the curator;
II. In cases where the unable spouse may want to complain about the other, report it or sue him to secure his or her violated or threatened rights, he/she will be represented by an interim guardian who will be appointed by the judge. It is the responsibility of the curator to promote this appointment and if he does not comply, he will be responsible for the damages caused to the incapacitated. You will also be able to promote this appointment of the Local Council of Tulfabrics.
Article 582.- Where the protection of the person is not the same as the spouse, he may only tax or dispose of the goods referred to in Article 568, after hearing the curator and judicial authorisation, to be granted in accordance with the provisions of Article 561.
Article 583.- When the guardianship falls on any other person, it shall be exercised in accordance with the rules established for the protection of minors.
Article 584.- In the case of maltreatment, negligence in care due to the incapacitated or the administration of his assets, the guardian may be removed from the guardianship petition of the curator, relatives of the incapacitated, the Local Council of Tutor or the Public Ministry.
Article 585.- The guardian is entitled to a remuneration on the assets of the incapacitated, which may fix the ascendant or stranger that under the right name in his will and for the legitimate and dative guardians will be set by the judge.
Article 586.- In no case will it lower the remuneration of the five or exceed ten percent of the liquid income of such goods.
Article 587.- If the assets of the incapacitated person have an increase in their products, due exclusively to the industry and diligence of the guardian, they will have the right to increase the remuneration up to twenty per cent of the liquid products. The rating of the increase will be made by the judge, with the curator's hearing.
Article 588.- In order to allow for the payment of the tutors the extraordinary increase allowed by the previous article, it will be indispensable requirement that at least in Two consecutive years have obtained the guardian absolute approval of their accounts.
Article 589.- The guardian shall not be entitled to any remuneration, and shall return what it would have received for this title, if it contravened the provisions of Article 159.
Of The Tutfabric Accounts
Article 590.- The guardian is obliged to render to the judge a detailed account of his administration, in the month of January of each year, whatever the date on which he was given Discerned the charge. The lack of account presentation in the three months following January will motivate the removal of the tutor.
Article 591.- You also have an obligation to pay an account, when for serious reasons the judge will qualify, the curator, the Local Council of Tulfabrics, the Ministry Public, the Incapable themselves identified in section II of Article 450, or minors who have been 16 years of age.
Article 592.- The administration account shall comprise not only the amounts in number that the guardian has received by product of the goods and the application (a) in general, but in general all the operations which have been carried out, and shall be accompanied by the supporting documents and a balance sheet of the state of the goods.
Article 593.- The guardian is responsible for the value of the credit claims if within sixty days, counted from the expiration of its term, it has not obtained its payment or guarantee. to secure this, or has not ordered the one or the other judicially.
Article 594.- If the incapacitated is not in possession of some goods to which he is entitled, the guardian of the loss will be responsible, if within two months Since he made news of the right of the incapacitated, he does not enter in the name of this judicially, the actions leading to recover them.
Article 595.- The provisions of the foregoing article are without prejudice to the liability which, after attempted actions, may result in the guardian of the negligence in the performance of your order.
Article 596.- Accounts must be surrendered at the place where the guardianship is performed.
Article 597.- The guardian must be paid all expenses due and legally incurred even if it has anticipated its own flow rate, and although this has not been useful to the minors and the elderly who are unable, if this has been the fault of the former.
Article 598.- No anticipation or credit against the incapacitated shall be paid to the guardian, if it exceeds half the annual income of the goods of that person, unless the has been authorized by the judge with the curator's hearing.
Article 599.- The guardian shall also be compensated, in accordance with the judicious discretion of the judge, of the damage suffered by the guardian and in the necessary performance of it, when has not intervened in his/her part guilt or negligence.
Article 600.- The obligation to account cannot be waived in contract or in the last will, not even by the same tutored; and if that waiver is put as a condition, in any act shall be as unset.
Article 601.- The guardian that is replaced by another, will be obliged, and the same his heirs, to render general account of the guardianship to which he replaces him. The new guardian will answer to the incapacitated for damages if he does not ask and take the accounts of his predecessor.
Article 602.- The guardian, or in its fault who represents it, shall render the general accounts of the guardianship within three months, counted from the day on which the guardianship is made. The judge may extend this period for up to three months, if extraordinary circumstances so require.
Article 603.- The obligation to account passes to the guardian's heirs; and if any of them continues to administer the assets of the guardianship, their responsibility will be the same as that of the.
Article 604.- The warranty given by the tutor will not be canceled, but when the accounts have been approved.
Article 605.- Until the last one month of the accountability, any agreement between the guardian and the pupil, already greater or emancipated, regarding the administration of the guardianship is null and void. to the accounts themselves.
The Extinction of Tutfabric
Article 606.- The guardianship is extinguished:
I. By the death of the pupil or because their incapacity is gone;
II. When the incapacitated, subject to guardianship between the homeland authority for recognition or for adoption.
From Delivery of Goods
Article 607.- The guardian, terminated the guardianship, is obliged to surrender all the assets of the incapacitated and all the documents that belong to it, according to the balance sheet has been presented in the last approved account.
Article 608.- The obligation to deliver the goods is not suspended because the accountability is pending. The delivery must be made during the month following the termination of the guardianship; when the goods are very large or are located in different places, the judge can set a prudent term for its conclusion, but, in any case, must be started within the deadline set.
Article 609.- The guardian who enters the position of another is obliged to demand the delivery of goods and accounts to which it has preceded him. If it does not require it, it is responsible for all damages caused by its failure to follow the incapacitated.
Article 610.- The delivery of the goods and the account of the guardianship shall be carried out at the expense of the incapacitated. If, in order to be carried out, no funds are available, the judge may authorize the guardian to provide the necessary funds for the first, and the latter shall advance those relating to the second, which shall be reimbursed with the first funds be available.
Article 611.- When you intervene or blame the guardian, all expenses will be on your account.
Article 612.- The balance that results in pro or against the guardian will yield legal interest. In the first case, the legal requirement for the payment will be made after the delivery of the goods; and in the second case, from the accountability, if they have been given within the term designated by the law; and if not, since the expiration of the same term.
Article 613.- When in the account it is reached against the guardian, even if by an arrangement with the minor or his representatives, time limits are granted to the person or his heirs to satisfy it, the mortgages or other guarantees given to the administration will be kept alive until the payment is verified, unless otherwise expressly agreed in the arrangement.
Article 614.- If the security is granted, the agreement granting new deadlines to the guardian shall be made known to the guarantor; if he consents, he shall remain obliged to the solution; if he does not consent, there shall be no waiting, and the immediate payment or the subrogation of the guarantor may be required by another equally suitable accepting the agreement.
Article 615.- If the agreement is not known to the guarantor, the guarantor will not remain bound.
Article 616.- All actions by facts relating to the administration of the guardianship, which the incapacitated may exercise against its guardian, or against the guarantor and guarantor of (a) the period of four years from the date on which the oldest age is satisfied, or from the date on which the goods and the account has been received, or since the incapacity in the other cases provided for in the case has been terminated; by law.
Article 617.- If the guardianship has been fencumed during the minority, the child may exercise the corresponding actions against the first guardian and those who have succeeded him in the position, then the terms from the day when I arrive at the highest age. In the case of the other disabled, the terms will be computed from the end of the incapacity.
Of The Curator
Article 618.- All individuals subject to guardianship, either testamentary, legitimate or dative, in addition to the guardian will have a curator, except in cases of guardianship refer to Articles 492 and 500.
Article 619.- In any case where the minor is named an interim guardian, he or she shall be appointed a curator with the same character, if not final, or if he is prevented.
Article 620.- An interim curator shall also be appointed in the case of opposition of interest as referred to in Article 457.
Article 621.- Interim curator shall also be appointed in the cases of impairment, separation or excuse of the appointee, while the point is decided; after the decision is made new curator in accordance with law.
Article 622.- The provisions on the guardian's impediment or excuses will also govern the curators.
Article 623.- Those who have the right to appoint a guardian also have the right to appoint a curator.
Article 624.- They will designate the curator themselves, with judicial approval:
I. Those referred to in Article 496, observing what is available there in respect of such appointments;
II. Minors emancipated by reason of marriage, in the case provided for in section II of article 643.
Article 625.- The curator of all other individuals subject to guardianship shall be appointed by the judge.
Article 626.- The curator is obliged:
I. To defend the rights of the incapacitated in judgment or outside of it, exclusively in the event that they are in opposition to those of the guardian;
II. To monitor the conduct of the guardian and to bring to the attention of the judge anything that he considers to be harmful to the incapacitated;
III. To give notice to the judge to make the appointment of a guardian, when the guardian is missing or will leave the guardianship;
IV. To fulfill the other obligations that the law points out to you.
Article 627.- The conservator who does not fill the duties prescribed in the preceding article, shall be liable for damages resulting in the incapacitated.
Article 628.- The functions of the curator will cease when the incapacitated leaves the guardianship; but if only the persons of the guardians will vary, the curator will continue in the curatorship.
Article 629.- The curator has the right to be relieved of the conservatorship, after ten years since it was commissioned.
Article 630.- In cases where the curator is required to intervene under this Code, he will charge the fee to the procurators, without any other charge. reason for higher remuneration. If you make some expenses in the performance of your office; you will be paid.
From the Tutela Local Councils and the Pupillary Judges
Article 631. In each Delegation there will be a Local Council of Tutors composed of a President and two vowels, who will last one year in the exercise of their office, shall be appointed by the Head of Government of the Federal District or by whom he authorizes the effect or by the Delegates, as the case may be, in the month of January of each year, ensuring that the appointments are made to persons who are of notorious good customs and that they have an interest in protecting the child from being invalid.
Members of the Council shall not cease their duties even if the term for which they were appointed has elapsed until the persons who have been appointed are taken into possession for the next period.
Article 632.- The Local Council of Tulfabrics is an organ of surveillance and information, which in addition to the functions that you expressly assign to you several of the articles that precedence, has the following obligations:
I. Form and refer to the Judges of the Family a list of the persons of the locality who, for their legal and moral aptitude, can perform the tutelage, in order for them to be appointed to the tutors and curators, in the cases that these appointments correspond to the Judge;
II. Ensure that the guardians fulfill their duties, especially as regards the education of minors; giving notice to the Judge of the Family of the faults or omissions that I will notice;
III. Warn of the Judge of the Family when he is aware that the goods of an incapacitated are in danger, in order to dictate the corresponding measures;
IV. Investigate and bring to the attention of the Judge of the Family who are incapacitated without a guardian, in order to make the respective appointments;
V. Take care of the fact that the guardians comply with the obligation imposed on them by Part II of Article 537;
VI. Monitor the registration of your cloths, so that it is carried out in due form.
Article 633.- The Judges of the Family are the authorities responsible exclusively for intervening in matters relating to the protection. They shall exercise a survival over the whole of the acts of the guardian, in order to prevent, by appropriate provisions, the transgression of their duties.
Article 634.- While appointing a guardian, the Judge of the Family must issue the necessary measures to ensure that the incapacitated does not suffer damages in his or her interests.
The Status Of Interdiction
Article 635.- All acts of administration executed and contracts concluded by the disabled are void, without the authorization of the guardian, except as provided in the Section IV of Article 537.
Article 636.- The acts of administration and contracts concluded by the emancipated minors are also null, if they are contrary to the restrictions established by the Article 643.
Article 637.- The nullity referred to in the above articles can only be invoked, either as an action, be it as an exception, by the same incapacitated or by its legitimate representatives; but not for the persons with whom he or she hired, nor for the guarantor who has been given the obligation, nor for the members of the staff.
Article 638.- The action to ask for nullity, prescribes in the terms in which they prescribe the personal or real actions, according to the nature of the act whose nullity is intended.
Article 639.- The minors cannot claim the nullity of the words of Articles 635 and 636, in the obligations that they have acquired in matters of their own profession or art in which they are experts.
Article 640.- can minors be alleged, if they have filed false certificates of the Civil Registry, to be passed as greater or have manifested dolously that the were.
Emancipation and Older Age
Article 641.- The marriage of the child under eighteen years of age produces the right of emancipation. Even if the marriage dissolves, the emancipated spouse, who is less, will not fall back to the parental authority.
Article 642.- (Repeals).
Article 643.- The emancipated has the free administration of his assets, but always needs during his or her age:
I. From the judicial authorization for the disposal, taxation or mortgage of real estate.
II. From a guardian for court business.
Article 644.- (Repeals).
Article 645.- (Repeals).
Article 646.- The oldest age begins at eighteen years of age.
Article 647.- The oldest freely has his or her person and property.
Out of the Absent and Ignored
Of The Absence Measures in Case of Absence
Article 648.- The person who has been absent from the place of his or her ordinary residence and who has been established before or after his departure shall be present for all the civil effects, and their businesses will be able to deal with the proxy as far as it reaches power.
Article 649.- When a person has disappeared and the place where the person is and who represents the person is ignored, the judge, at the request of a party or of his office, shall appoint a depositary of his assets, he shall quote it by edicts published in the main newspapers of his last address, indicating to him that a term of not less than three months shall be present, nor shall he pass from six months, and shall dictate the providences necessary to ensure the goods.
Article 650.- When the edicts are published, it will send copies to the Mexican consuls of those places abroad where the absent or who is presumed to be have news from him.
Article 651.- If the absentee has minor children, who are under his or her parental authority, and there are no ascendants to be exercised in accordance with the law, no testamentary guardian, or legitimate, the Public Ministry shall request the name of the guardian, in the terms of Articles 496 and 497.
Article 652.- The depositary's obligations and powers shall be those that the law assigns to the judicial depositaries.
Article 653.- Depositary to be named:
I. The spouse of the absentee;
II. To one of the oldest children residing at the site. If there are several, the judge shall choose the fittest;
III. The next closest to the absent degree;
IV. In the absence of the foregoing or when it is inconvenient for them to be appointed depositaries, the judge shall appoint the presumptive heir, and if there are several to be observed in accordance with Article 659.
Article 654.- If the term of the appeal is fulfilled, the cited person does not appear to be, by itself, by legitimate proxy, or by means of a guardian or a relative who may represent it, proceed to the appointment of a representative.
Article 655.- The same will be done when in the same circumstances it expires the power conferred by the absent, or insufficient for the case.
Article 656.- Has action to request the appointment of a depositary or a representative, the Public Ministry, or anyone interested in dealing with or litigating with the absentee or defend the interests of the latter.
Article 657.- The appointment of representatives shall follow the order set out in Article 653.
Article 658.- If the absent spouse is married in second or subsequent nuptials, and there are children of the marriage or previous marriages, the judge shall have the spouse present and the children of the marriage or previous marriages, or their legitimate representatives, appoint according to the depositary representative; but if they are not in conformity, the judge shall appoint him freely, from among the persons appointed by the previous article.
Article 659.- In the absence of spouse, descendants and ascendants, the presumptive heir will be representative. If there are several with equal rights, they will choose the one to represent it. If they do not agree on the choice, it will be done by the judge, preferring to the one who has the most interest in the preservation of the goods of the absent.
Article 660.- The representative of the absent is the legitimate administrator of the assets of this and has respect to them, the same obligations, powers and restrictions as the tutors.
You shall not enter the administration of the goods without prior inventory and endorsement of the goods, and if within one month you do not provide the appropriate caution, other representative.
Article 661.- The absentee representative will enjoy the same pay as the guardians point to articles 585, 586, and 587.
Article 662.- They cannot be representatives of an absentee, who cannot be guardians.
Article 663.- They can be excused, those who can do it from guardianship.
Article 664.- You will be removed from the position of representative, the one to be that of the guardian.
Article 665.- The representative charge ends:
I. With the return of the absent;
II. With the presentation of the legitimate proxy;
III. With the death of the absent;
IV. With provisional possession.
Article 666.- Each year, on the day corresponding to the one in which the representative was appointed, new edicts will be published calling the absentee. They shall contain the name and address of the representative, and the time required to meet the deadline referred to in Articles 669 and 670 where appropriate.
Article 667.- The edicts will be published for two months, with an interval of fifteen days, in the main newspapers of the last address of the absent, and will be sent to the consuls, as prevented by Article 650.
Article 668.- The representative is obliged to promote the publication of the edicts. Failure to comply with this obligation makes the representative responsible for the damages and damages that are followed by the absentee, and is a legitimate cause of removal.
From the Statement of Absence
Article 669.- Passed two years from the day the representative was appointed, there will be action to request the declaration of absence.
Article 670.- In case the absent has left or appointed general manager for the administration of his assets, the declaration of absence may not be requested. three years, which shall be counted from the disappearance of the absent, if no news has been received in this period, or from the date on which the latter were held.
Article 671.- The provisions of the previous article shall be observed even if the power has been conferred for more than three years.
Article 672.- Past two years, which shall be counted as set out in Article 670, the Public Ministry and the persons designated by the following Article, may request that the proxy ensures, in the same terms as the representative must do. If it does not do so, a representative shall be appointed in accordance with Articles 657, 658 and 659.
Article 673.- You can order the absence declaration:
I. The alleged legitimate heirs of the absentee;
II. The heirs instituted in open will;
III. Those who have any rights or obligations that depend on the life, death or presence of the absent; and
IV. The Public Ministry.
Article 674.- If the judge finds the claim founded, it shall be published for three months, at intervals of 15 days, in the appropriate Official Journal, and in the principal of the last address of the absent, and shall forward it to the consuls, in accordance with Article 650.
Article 675.- Passed four months from the date of the last publication, if there is no news of the absent or opposition of any interested party, the judge will declare the absence.
Article 676.- If there is any news or opposition, the judge shall not declare the absence without repeating the publications provided for in Article 674, and make the investigation by the means that the opponent proposes, and by which the same judge creates timely.
Article 677.- The declaration of absence will be published three times in the mentioned newspapers with fifteen-day intervals, referring to the consuls as it is prevented. with respect to edicts. Both publications will be repeated every two years, until the presumption of death is declared.
Article 678.- The ruling that is pronounced in the declaration of absence judgment, will have the resources that the Code of Procedures assigns for the most interesting businesses.
From the Effects of the Absence Statement
Article 679.- Declared the absence, if there is a public will or an olograph, the person in whose power it is found will present it to the judge, within fifteen days, counted from the last publication of which article 677 speaks.
Article 680.- The judge, on its own initiative or at the request of anyone who is interested in the will of the olograph, shall be open in the presence of the representative of the absent, with summons of those who promoted the declaration of absence and with the other solemnities prescribed for the opening of this kind of will.
Article 681.- The testamentary heirs, and in their absence, those who are legitimate at the time of the disappearance of an absentee, or at the time the last ones have been received news, if they have legal capacity to administer, they will be placed in the provisional possession of the goods, giving bail that ensures the results of the administration. If they are under the parental authority or guardianship, they shall be carried out in accordance with the law.
Article 682.- If the heirs are multiple and the goods are in comfortable division, each will administer the appropriate portion.
Article 683.- If the goods do not admit comfortable division, the heirs will choose from among themselves a general manager, and if they do not agree, the judge will name, choosing from among the same heirs.
Article 684.- If a portion of the goods is comfortably divisible and another part of the goods is not, in respect of this, the general manager is appointed.
Article 685.- Heirs who do not administer may appoint an interventor, who shall have the powers and obligations pointed out to the curators. Your honorarium will be the one to be fixed by those who appoint you and will pay for them.
Article 686.- He who enters the provisional possession shall have, in respect of the goods, the same obligations, powers and restrictions as the guardians.
Article 687.- In the case of Article 682, each heir shall give the guarantee corresponding to the part of the goods he administers.
Article 688.- In the case of Article 683, the general administrator will be the one of the legal guarantee.
Article 689.- Legatees, donatees and all who have on the goods of the absent rights that are dependent on the death or presence of the latter, may exercise them, giving the appropriate guarantee, as provided for in Article 528.
Article 690.- Those with respect to the absent, obligations that must cease to the death of this, may also suspend their compliance under the same guarantee.
Article 691.- If you are unable to give the assurance in the five previous articles, the judge, according to the circumstances of the persons and property, and granting the time limit laid down in Article 631, the amount of the amount may be reduced, but not lower than the third part of the securities referred to in Article 528.
Article 692.- As long as the expressed warranty is not given, the representative's administration will not cease.
Article 693.- They are not required to give warranty:
I. The spouse, descendants and ascendants who as heirs enter the possession of the goods of the absent, by the part that corresponds to them;
II. The ascendant who in the exercise of the fatherland powers to administer goods that as heirs of the absent correspond to their descendants.
If there are legal persons, the spouse, the descendants and the ascendants shall give the legal guarantee for the part of the goods that corresponds to the legal persons, if there is no division, general administrator.
Article 694.- Those who enter into the provisional possession have the right to hold the representative of the absent and the representative of the absent and will give the accounts in the terms prevented in Chapters XII and XIV of Title IX of this Book. The period referred to in Article 602 shall be counted from the day on which the heir has been declared entitled to the said possession.
Article 695.- If the declaration of absence is made, no heirs shall be present, the Public Ministry shall ask for, or the continuation of the representative, or the election of other than on behalf of the Public Finance, enter into the provisional possession, in accordance with the articles that precede it.
Article 696.- Dead who has obtained the provisional possession, the heirs to the party who have corresponded to it, under the same conditions and with the same guarantees.
Article 697.- If the absent is presented or tested for existence before the presumption of death is declared, it will regain its assets. Those who have had provisional possession, make their own all the industrial fruits that they have made to produce those goods and half of the natural and civil fruits.
From the Married Missing Goods Administration
Article 698.- The declaration of absence interrupts the conjugal society, unless it has been stipulated in the marriage capitulations that it continues.
Article 699.- Declared the absence, the inventory of the goods and the separation from which they must correspond shall be carried out, with the summons of the presumptive heirs spouse absent.
Article 700.- The present spouse will of course receive the goods that correspond to him until the day the declaration of absence has caused execution. It may be freely available for such goods.
Article 701.- The assets of the absentee will be delivered to their heirs, in the terms prevented in the previous chapter.
Article 702.- In the case provided for in Article 697, if the spouse present will enter as the heir to the provisional possession, it shall be observed what that article has.
Article 703.- If the spouse present is not an heir, or has any property of his own, he shall be entitled to food.
Article 704.- If the absent spouse returns or is tested for existence, the spousal society will be restored.
From the Away Death Presanointing
Article 705.- When 6 years have elapsed since the declaration of absence, the judge, at the request of an interested party, shall declare the presumption of death.
Regarding individuals who have disappeared while taking part in a war, or because they are on board a shipwrecked vessel, or when a flood or other disaster is verified Such a measure shall be sufficient to enable the declaration of presumption of death to be made after two years, which have been counted since its disappearance, without the need for such a declaration to be made in advance; but if action is taken provisional authorised by Chapter I of this Title.
When the disappearance is a result of fire, explosion, earthquake or air or rail catastrophe, and there is a well-founded presumption that the missing person was on site of the disaster or disaster, the course of six months, counted from the tragic event, will suffice for the judge of the family to declare the presumption of death. In such cases, the judge shall agree to the publication of the claim for a presumption of death, at no cost and for up to three times during the procedure, which shall in no case exceed thirty days.
Article 706.- Declared the presumption of death, the will of the absent shall be opened, if it is no longer published in accordance with Article 680; the provisional holders shall give account of his administration in the terms of Article 694, and the heirs and other persons concerned shall enter into the final possession of the goods, without any guarantee. The one that the law has given will be cancelled.
Article 707.- If the death of the absent is to be proved, the inheritance will be defended to those who should inherit the time of it but the possessor or holders of the goods By restoring them, the fruits corresponding to the time of provisional possession shall be reserved, in accordance with the provisions of Article 697, and all of them, since they obtained final possession.
Article 708.- If the absent is filed or its existence is proved after the final possession is granted, it shall recover its assets in the state in which they are found, the price of (a) those who have been acquired, or who have acquired the same price, but shall not be able to claim any income or income.
Article 709.- When a person's declaration of absence or presumption of death has been made, his or her goods to which by or without a will have been applied inherited, and then presented in others pretending that they must be preferred in the inheritance, and thus declared by judgment that cause execution, the delivery of the goods will be made to these in the same terms in that, according to the articles 697 and 708, should be done to the absent if it is presented.
Article 710.- The definitive holders will account for the absentee and their heirs. The legal period shall run from the day on which the first is present in itself or by a legitimate proxy, or from that in which the inheritance has been deferred by judgment which causes enforceability.
Article 711.- Definitive possession ends:
I. With the return of the absent;
II. With the certain news of its existence;
III. With the certainty of his death;
IV. With the statement that causes execution, in the case of Article 709.
Article 712.- In the second case of the previous article, the definitive holders will be considered as provisional from the day on which some of the existence of the absent.
Article 713.- The sentence that declares the presumption of death of a married absentee, puts an end to the conjugal society.
Article 714.- In the case provided for in Article 703, the spouse shall only be entitled to the food.
Of The Effects of Absence from the Absence Of Eventing Rights
Article 715.- Anyone who claims a right concerning a person whose existence is not recognized, must prove that this person lived in the time it was necessary their existence to acquire that right.
Article 716.- If a inheritance is defended to which an individual is declared absent or in respect of which the declaration of presumption of death has been made, they shall enter only in it those who were to be cohereners of that or to take place because of their fault; but they must take inventory in the form of the goods they receive.
Article 717.- In this case, the heirs or successors shall be considered as provisional or definitive holders of the goods which by the inheritance must correspond to the absent, according to the time in which the inheritance will be defended.
Article 718.- The provisions of the two preceding articles must be without prejudice to the actions of a request for inheritance and other rights that may be exercised by the absent, their representatives, creditors or legal persons, and which shall not be extinguished but for the duration of the time prescribed for the prescription.
Article 719.- Those who have entered into the inheritance will make their received fruits of good faith, while the absent person does not appear, their actions are not exercised by their representatives, or for whom by contract or any other cause they have with the legal relations.
Article 720.- The representative and the provisional and definitive holders, in their respective cases, have the legitimate procuratorate of the absent in judgment and out of it.
Article 721.- Because of absence, the terms set by the law for the prescription are not suspended.
Article 722.- The Public Ministry shall ensure the interests of the absent, shall be heard in all judgments relating to him, and in the declarations of absence and presumption of death.
Article 723.- They are the object of the family's heritage:
I. The family room house;
II. In some cases, a cultivable plot.
Article 724.- The constitution of the estate of the family does not pass the property of the goods that are affected, of which it constitutes the members of the family beneficiary. They are only entitled to enjoy these goods, as provided in the following article.
Article 725.- They have the right to inhabit the house and to take advantage of the fruits of the plot affects the family's patrimony the spouse of the one who constitutes it and the persons to who has an obligation to give food. That right is untransmittable; but the provisions of Article 740 must be taken into account.
Article 726.- The beneficiaries of the assets affected by the family's assets will be represented in their relations with third parties, in all that the patrimony refers to, by the one who constituted it and, failing that, by which name the majority.
The representative will also have the administration of those assets.
Article 727.- The property affections to the family's estate are inalienable and will not be subject to any lien or lien.
Article 728.- Only the estate of the family may be constituted with property in the place where the property is located.
Article 729.- Each family can only constitute a heritage. Those that are subsisting the first, will not produce any legal effect.
Article 730.- The maximum value of the assets affected to the family estate, in accordance with Article 723, shall be the amount that is multiplied by 3650 the amount of the The daily minimum wage in the Federal District, at the time the estate is established.
Article 731.- The member of the family who wishes to constitute the estate, will manifest it in writing to the Judge of his domicile, designating with such precision and in such a way that can be entered in the Public Registry, the goods that will be affected.
In addition, you will check the following:
I. That is older or emancipated;
II. You are domiciled in the place where you want to constitute the estate;
III. The existence of the family in whose favor it is going to constitute the patrimony. The verification of family links shall be made with certified copies of the minutes of the Civil Registry;
IV. That they are the property of the constituent assets destined to the patrimony, and that they do not report encumbrances outside the easements;
V. That the value of the assets that are to constitute the estate does not exceed that set in the article 730.
Article 732.- If the conditions required in the previous article are filled, the Judge, prior to the formalities to be set by the Code of Matter, shall approve the constitution of the the family's assets and will send the corresponding entries in the Public Register.
Article 733.- Where the value of the property affected by the family's assets is less than the maximum fixed in Article 730, the assets may be extended until such time as value. The extension shall be subject to the same procedure as for the establishment of the Code of Matter.
Article 734.- Persons who are entitled to enjoy the family estate as referred to in Article 725, as well as the guardian of food creditors unable, family members of the debtor or the public ministry may require judicially to constitute the family's assets up to the values set out in Article 730, without having to invoke any cause. The provisions of Articles 731 and 732 shall be observed in the constitution of this heritage.
Article 735.- In order to promote the formation of the family's heritage, people who have legal capacity to constitute it and who wish to do so will be sold. the root properties that are then expressed:
I. The grounds belonging to the Federal Government or the Federal District Government that are not intended for a public service or for common use;
II. The land that the Government acquires by expropriation, in accordance with paragraph (c) of the 11th paragraph of Article 27 of the Political Constitution of the United Mexican States;
III. The land that the government acquires to dedicate to the formation of the patrimony of the families that have few resources.
Article 736.- The price of the land referred to in section II of the previous article shall be paid in the manner prevented in point (d) of the eleventh paragraph of the article. 27 of the Political Constitution of the United Mexican States.
In the cases provided for in fractions I and III of the preceding article, the selling authority shall fix the form and time limit in which the price of the goods sold must be paid, taking into account the buyer's economic capacity.
Article 737.- The person who wishes to constitute the family's assets with the class of goods referred to in Article 735, in addition to the conditions required by the Sections I, II and III of Article 731 shall verify:
I. That is Mexican;
II. Your or your family's ability to perform any trade, profession, industry or trade;
III. That he or his family members possess the instruments and other objects indispensable for the occupation to be employed;
IV. The average of your income, so that you can calculate, with probabilities of success, the possibility of paying the price of the land that is sold to you;
V. That it lacks goods. If the one with legitimate interests shows that the property owner was the owner of real estate in the constitution, the constitution of the estate shall be declared void.
Article 738.- The constitution of the patrimony concerned by Article 735 shall be subject to the administrative procedure laid down in the respective regulations. The constitution of the estate is approved, the final part of Article 732 will be fulfilled.
Article 739.- The constitution of the family's estate cannot be made in fraud of the rights of the creditors.
Article 740.- Constituted the family's patrimony, the family has an obligation to inhabit the house and to cultivate the plot. The first municipal authority of the place where the estate is constituted may for a fair cause, authorize to be rented or sharecroceria, for up to one year.
Article 741.- Family heritage is extinguished:
I. When all beneficiaries cease to be entitled to receive food;
II. When without justified cause the family ceases to inhabit for one year the house which must serve as a dwelling place, or to cultivate on its own and for two consecutive years the parcel which is attached to it;
III. When it is demonstrated that there is great need or significant utility for the family, that the heritage is extinguished;
IV. When because of public utility it is expropriated in the goods that form it;
V. Where, in the case of assets formed with goods sold by the authorities referred to in Article 735, the sale of such goods is declared judicially void or terminated.
Article 742.- The declaration that the estate is extinguished shall be made by the competent judge, by means of the procedure laid down in the respective Code and shall be communicated to the Public Record for the corresponding cancellations to be made.
When the estate becomes extinct due to the cause foreseen in the IV fraction of the preceding article, the expropriation, the patrimony is extinguished without the need for a declaration judicial, the cancellation of which should be made in the Register.
Article 743.- The price of the expropriated estate and the compensation from the insurance payment as a result of the disaster suffered by the assets affected by the assets The family will be deposited in a credit institution and not having it in the locality, in a house of commerce of notorious solvency, in order to dedicate them to the constitution of a new patrimony of the family. For a year, the price deposited and the amount of insurance are unembargable.
If the owner of the goods sold does not constitute it within the period of six months, the members of the family referred to in Article 725, have the right to demand the Constitution of the family estate.
Elapsed one year after the deposit was made, without the property being promoted, the amount deposited will be delivered to the owner of the assets.
In cases of extreme need or of obvious utility, the Judge may authorize the owner of the deposit to dispose of the deposit before the year.
Article 744.- The family heritage can be decreased:
I. When it is demonstrated that its decrease is of great need or of notable utility for the family;
II. When the family estate, for reasons after its constitution, has exceeded the maximum value it can have according to article 730 by more than one hundred percent.
Article 745.- The Public Ministry will be heard in the extinction and reduction of the family's heritage.
Article 746.- Extinguished the family's estate, the goods that formed it return to the full domain of the one that constituted it, or pass on to their heirs if that has died.
Of The Goods
Article 747.- Can all things that are not excluded from trade be appropriated.
Article 748.- Things may be outside of commerce by their nature or by law.
Article 749.- It is outside of commerce by its nature that cannot be possessed by any individual exclusively, and by law, which she declares irreducible to particular property.
Classification of Goods
Of The Real Estate
Article 750.- They are real estate:
I. The soil and buildings attached to it;
II. The plants and trees, while they are attached to the earth, and the outstanding fruits of the same trees and plants as long as they are not separated from them by regular crops or cuts;
III. All that is attached to a building in a fixed manner, so that it cannot be separated without deterioration of the same building or the object to the attached;
IV. The statues, reliefs, paintings or other objects of ornamentation, placed in buildings or inherited by the owner of the building, in such a way as to reveal the purpose of uniting them in a permanent way to the foundation;
V. Palomars, hives, fish ponds or similar breeding grounds, when the owner keeps them for the purpose of keeping them together and forming part of it permanently;
VI. The machines, vessels, instruments or utensils intended by the owner of the farm, directly and exclusively, to the industry or the holding thereof;
VII. Fertilizers intended for the cultivation of a herage, which are in the lands where they are to be used, and the seeds necessary for the cultivation of the farm;
VIII. Electrical appliances and accessories attached to the ground or buildings by the owner of the ground or buildings, unless otherwise agreed;
IX. The springs, ponds, water streams and streams, as well as the aqueducts and the pipes of any species that serve to drive the liquids or gases to a farm or to extract them from it;
X. The animals which form the breeding ground on the rustic premises intended wholly or partly for the farming industry; as well as the beasts of work indispensable for the cultivation of the farm, while they are intended for that purpose;
XI. The levees and buildings which, even if they are floating, are intended for their purpose and conditions to remain at a fixed point of a river, lake or coast;
XII. Actual rights to real estate;
XIII. Telephone and telegraph lines and fixed radio-graphic stations.
Article 751.- The movable property, by its nature, which has been deemed to be immovable, in accordance with the provisions of several fractions of the foregoing Article, shall recover its quality of furniture, when the same owner separates them from the building; except in the case where the value of the building has been computed by those, in order to constitute a real right in favour of a third party.
Article 752.- Goods are furniture by their nature or by law.
Article 753.- They are furniture by their nature, bodies that can move from place to place, already move on their own, already by effect of an outside force.
Article 754.- Are movable property by determination of the law, obligations and rights or actions that are intended to be movable or required by virtue of personal action.
Article 755.- For the same reason, the actions that each partner has in the associations or societies, even if they belong to some real estate, are reputed.
Article 756.- All-gender craft are movable property.
Article 757.- The materials from the demolition of a building, and those that have been coupled to repair it or to build a new one, will be furniture while not have been employed in manufacturing.
Article 758.- Copyright rights are considered as movable property.
Article 759.- In general, they are movable property, all others not considered by law as real estate.
Article 760.- When in a provision of the law or in the acts and contracts is used of the words movable property, under that denomination the enumerated in the previous articles.
Article 761.- When the furniture or movable property of a house is used, it shall be understood as those forming the ajuar and utensils thereof and which serve exclusively and proper for the ordinary use and treatment of a family, according to the circumstances of the persons who integrate it. As a result, they will not be understood: money, documents and papers, scientific and artistic collections, books and their shelves, medals, weapons, instruments of arts and crafts, jewelry, no class of clothing, grains, bales, goods and other similar things.
Article 762.- When by the wording of a will or an agreement, it is discovered that the testator or the contracting parties have given the words furniture or movable property a signification different from the one set in the above articles, will be in the will in the will or agreement.
Article 763.- Furniture assets are fungible or non-fungible. They belong to the first class which can be replaced by others of the same kind, quality and quantity.
Non-fungible are those that cannot be substituted by others of the same species, quality and quantity.
Of Goods Considered according to People to Who Belongs
Article 764.- The goods are in the domain of the public or private property.
Article 765.- It is property of the public power that belongs to the Federation, to the States or to the Municipalities.
Article 766.- The domain assets of the public power will be governed by the provisions of this Code as soon as it is determined by special laws.
Article 767.- Public power domain assets are divided into common-use goods, goods for public service, and property.
Article 768.- Common-use goods are inalienable and imprescriptible. They can be used by all inhabitants, with the restrictions laid down by law; but for special use it is necessary to grant them with the requirements to prevent the respective laws.
Article 769.- Those who impede the use of the goods of common use, are subject to the corresponding penalties, to pay the damages caused and to the loss of the works you have executed.
Article 770.- Goods destined for a public service and own property, belong in full control to the Federation, to the States or to the Municipalities; but the first are inalienable and imprescriptible, as long as they are not affected by the public service to which they are intended.
Article 771.- When in accordance with the law, the owners of the adjacent premises shall enjoy the right of the party which is entitled to the right to the right of the they shall be given notice of the disposal of the sale. The right to be granted by this Article shall be exercised within eight days of the notice. Where this has not been given, the members may request the termination of the contract within six months of their conclusion.
Article 772.- They are property of the property of individuals all things whose domain belongs to them legally, and from which none can be used without the consent of the owner or authorization of the law.
Article 773.- Foreign and moral persons to acquire the property of real estate, shall observe the provisions of Article 27 of the Constitution of the States United Mexicans and its laws.
Of The Mostls
Article 774.- They are goods showing abandoned furniture and the lost ones whose owner is ignored.
Article 775.- The one that will find a lost or abandoned thing, must deliver it within three days to the municipal authority of the place or to the nearest one, if the finding is verifies in depopulation.
Article 776.- The authority shall, of course, have the item found to be carried out by experts, and shall deposit it, requiring formal and circumstantial receipt.
Article 777.- Whatever the value of the item, notices will be set for one month, ten in ten days, in the public places of the municipality's head, announcing the that the deadline shall be exceeded if the claim is not filed.
Article 778.- If the found thing is not to be preserved, the authority will then dispose of its sale and send the price. The same shall be done when the preservation of the item may cause expenses that are not in relation to its value.
Article 779.- If, during the designated period, any claim is made, the municipal authority shall transmit all the data of the case to the competent judge, according to the of the thing, to whom the claimant will prove his action, intervening as defendant the Public Ministry.
Article 780.- If the claimant is declared owner, the item or its price, in the case of Article 778, with deduction of expenses, shall be delivered.
Article 781.- If the claimant is not declared owner, or if the one-month period, counted since the first publication of the notices, no one claims ownership of the thing, This will be sold, giving a quarter of the price to which the other three-quarters of the government designated by the Government have found it. The costs shall be shared among the successful tenderers in proportion to the share they receive.
Article 782.- When, for some special circumstance, it is necessary, in the judgment of the authority, to preserve the thing, the one who found this one will receive the fourth part of the price.
Article 783.- The sale will always be made in public currency.
Article 784.- The occupation of the vessels, their cargo and the objects that the sea throws to the beaches or that are collected on the high seas, is governed by the Code of Commerce.
Of The Vacant Assets
Article 785.- Real estate is vacant properties that do not have a certain and known owner.
Article 786.- The one who is aware of the existence of vacant goods in the Federal District and who would like to acquire the part that the law gives to the discoverer, will make the complaint of they to the Public Ministry of the place of the location of the goods.
Article 787.- The Public Ministry, if it considers that it is appropriate, shall deduct to the competent judge, according to the value of the goods, the appropriate action, in order to be declared (a) the goods are to be filled in, You will have the one who made the complaint as an intervener.
Article 788.- The complainant will receive a quarter of the cadastral value of the goods I report; the final part of Article 781 is observed.
Article 789.- The one who takes over a vacant good without complying with the provisions of this chapter, will pay a fine of five to fifty pesos, without prejudice to the penalties that I indicate the respective Code.
Article 790.- It is the holder of a thing that exercises power over it, except as provided in Article 793. He has a right that he enjoys.
Article 791.- When by virtue of a legal act the owner delivers to another one, granting him the right to temporarily retain it in his capacity as a The two are holders of the item, the tenant, the creditor, the creditor, the depositary, or the other similar title. The one who owns it in the title of owner has one original possession; the other, a derivative possession.
Article 792.- In case of dispossession, the one who has the original possession enjoys the right to request that the one who had the derivative possession be restored, and whether or not he or she cannot he wants to regain it, the original holder can ask that he be given possession to himself.
Article 793.- When it is demonstrated that a person has in his power one thing by virtue of the situation of dependence upon which he finds himself with respect to the owner of that thing, and which retains it for the benefit of the latter in compliance with the orders and instructions which it has received, it is not considered to be possessor.
Article 794.- Only things and rights that are susceptible to appropriation can be possessed.
Article 795.- You may acquire possession by the same person who is to enjoy it, by your legal representative, by your representative and by a third party without any mandate; but in the latter case shall not be understood to have acquired the possession until the person to whose name the post has been verified ratifies it.
Article 796.- When several persons possess an undivided thing, each of them may exercise possesory acts on the common thing, provided that they do not exclude the possesory acts of the other co-holders.
Article 797.- It is understood that each of the members of a thing that is held in common, has owned exclusively for all the time that the indivision lasted, the part that to the split will touch you.
Article 798.- The possession gives the holder the presumption of ownership for all legal effects. He who has a personal right, or a real right other than property, is not presumed to be an owner; but if he is a bona fide possessor, he has the presumption that he has obtained the possession of the owner of the thing or the right. possessed.
Article 799.- The holder of a lost or stolen piece of furniture shall not be able to recover it from a third party in good faith that has acquired it in the currency or from a trader who on the market the public is engaged in the sale of objects of the same species, without reimbursing the owner of the price he has paid for the thing. The retriever has the right to repeat against the seller.
Article 800.- The currency and bearer titles cannot be claimed from the purchaser in good faith, even if the holder has been dispossessed of them against his will.
Article 801.- The current holder who tries to have owned in previous time, has in his favor the presumption that he has possessed in the intermission.
Article 802.- The possession of a property makes it presumed that the movable property is in it.
Article 803.- Every holder must be held or returned to possession against those who do not have the best right to possess.
It is better the possession that is founded in title and in the case of real estate, the one that is registered. In the absence of title or equal titles, the oldest.
If the possessions are in doubt, the thing will be put into deposit until the one who owns the possession is resolved.
Article 804.- For the holder to be entitled to the interdict to retrieve the possession, it is necessary that one year has not passed since the dispossession was verified.
Article 805.- Refuses as never disturbed or stripped, the one who judicially was held or returned to the possession.
Article 806.- It is a good faith holder who enters possession by virtue of a sufficient title to give him the right to own. It is also the one who ignores the vices of his title that prevent him from possessing with right.
It is possessor of bad faith that he enters possession without any title to possess; the same as the one who knows the vices of his title that prevent him from possessing with right.
Title the generating cause of the possession.
Article 807.- Good faith is always presumed; to which the holder's bad faith claims it is up to him to test it.
Article 808.- The possession acquired in good faith does not lose that character but in the case and from the moment when there are acts that prove that the possessor does not ignore that he possesses the thing unduly.
Article 809.- The holders referred to in Article 791 shall be governed by the provisions which govern the legal acts under which they are holders, in all the concerning fruits, expense payments, and liability for loss or impairment of the property.
Article 810.- The bona fide holder who acquired the possession by domain translational title has the following rights:
I. He of making his perceived fruits his own, while his good faith is not interrupted;
II. The fact that all necessary expenses are paid, as well as the necessary expenses, having the right to retain the item held until the payment is made;
III. The removal of voluntary improvements, if no damage is caused to the enhanced thing, or repairing the one that is caused by removing them;
IV. The fact that the costs incurred by him for the production of the natural and industrial fruits that he does not have for being pending at the time of the interruption of the possession are paid; having the right to the legal interest on the amount of those expenses from the day you made them.
Article 811.- The bona fide holder referred to in the foregoing article does not respond to the impairment or loss of the possessed thing, even though it has occurred in its own right; but responds to the utility that the same has obtained from loss or deterioration.
Article 812.- He who has for less than one year, for the translational title and with bad faith, provided that he has not obtained possession by a criminal means, is obliged:
I. A roll back the perceived fruits;
II. To respond to the loss or deterioration of the thing over-come by their fault, or by chance or force majeure, unless it proves that these would have been caused even if the thing has been possessed by its owner. It does not respond to the loss naturally or inevitably over the course of time.
You are entitled to be reimbursed for the necessary expenses.
Article 813.- He who owns in concept of owner for more than one year, peacefully, continues and publicly, even if his possession is in bad faith, with such that it is not criminal, he has right:
I. A two-thirds of the industrial fruits that produce the possessed thing, belonging to the other third party to the owner, if it claims the thing before it is prescribed;
II. To be paid the necessary expenses and to withdraw the useful improvements, if it is able to separate them without detriment of the improved thing.
You do not have the right to the natural and civil fruits that produce the thing you own, and you respond to the loss or deterioration of the thing over your fault.
Article 814.- The possessor who has acquired the possession by some criminal act is obliged to return all the fruits that have produced the thing and those that he has left to produce by default guilty. It also has the obligation imposed by Article 812 (II).
Article 815.- Voluntary improvements are not payable to any holder; but the bona fide may withdraw those improvements as provided for in Article 810, fraction III.
Article 816.- Natural or industrial fruits are understood to be perceived since they are raised or separated. The civil fruits are produced day by day, and belong to the possessor in this proportion, after they are due, even if they have not received them.
Article 817.- It is necessary expenses that are prescribed by law, and those without which the thing is lost or lost.
Article 818.- It is useful expenses that, without being necessary, increase the price or product of the thing.
Article 819.- It is voluntary expenses that serve only the ornate of the thing, or the pleasure or comfort of the possessor.
Article 820.- The holder must justify the amount of the expenses to which he is entitled; in case of doubt, those per expert will be assessed.
Article 821.- When the holder has to be compensated for expenses and has perceived some fruits to which he was not entitled, there will be compensation.
Article 822.- Improvements coming from nature or time, always yield to the benefit of the one that has expired in the possession.
Article 823.- Peaceful possession is the one that is acquired without violence.
Article 824.- Continuous Possession is the one that has not been interrupted by any of the means listed in Chapter V, Title VII, of this Book.
Article 825.- Public possession is the one that is enjoyed in a way that can be known to all. It is also the one entered in the Land Registry.
Article 826.- Only the possession that is acquired and enjoys in the owner of the possessed thing can produce the prescription.
Article 827.- It is presumed that possession is still being enjoyed in the same concept in which it was acquired, unless it is proven to have changed the cause of the possession.
Article 828.- Possession is lost:
I. By abandonment;
II. By assignment for consideration or free of charge;
III. For the destruction or loss of the thing or to be left out of commerce;
IV. By judicial resolution;
V. By dispossession, if the possession of the strip lasts for more than one year;
VI. For the owner's claim;
VII. For expropriation because of public utility.
Article 829.- The possession of rights is lost when it is impossible to exercise them or when they are not exercised for as long as it is sufficient for them to be prescribed.
Article 830.- The owner of a thing can enjoy and dispose of it with the limitations and modalities that the laws set.
Article 831.- The property cannot be occupied against the will of its owner, but because of public utility and compensation.
Article 832.- Public utility is declared to be the government of appropriate land, in order to sell them for the constitution of the family's patrimony or for rooms to be built to be rented to poor families, through the payment of a medical rent.
Article 833.- The Federal Government will be able to expropriate the things that belong to the individuals and that are considered to be notable and characteristic manifestations of our national culture, in accordance with the relevant special law.
Article 834. Those who currently own the things mentioned in the previous article, will not be able to dispose or tax or alter them (in such a way that lose their characteristics,) without authorization from the C. President of the Republic, granted through the Secretariat of Public Education.
Article 835.- The violation of the preceding article will be punished as a crime, in accordance with the provisions of the Code of Matter.
Article 836.- The authority may, by means of compensation, occupy the particular property, deteriorate it and still destroy it, if this is indispensable to prevent or remedy a public calamity, to save a population from imminent risk or to execute works of obvious collective benefit.
Article 837.- The owner or tenant of a parent has the right to exercise the actions they proceed to prevent the misuse of the neighbor's property from being misused. harm the safety, the sosiego or the health of those who live in the predium.
Article 838.- They do not belong to the owner of the predium of the minerals or substances mentioned in the fourth paragraph of Article 27 of the Political Constitution of the United States of America. Mexicans, nor the waters that the fifth paragraph of the same article provides that they are the property of the Nation.
Article 839.- In a predium, no excavations or constructions can be done that cause the necessary support to be lost to the soil of the neighboring property; unless the works of essential consolidation to avoid any damage to this property.
Article 840.- It is not lawful to exercise the right of property in such a way that its exercise does not of any other result than to cause damages to a third party, without utility to the owner.
Article 841.- Every owner has the right to unlink his property and make or demand the self-ooning of the property.
Article 842.- You also have the right and, where applicable, the right to close or to close your property, in whole or in part, in such a way as to be deemed appropriate or otherwise provided by law or regulations, without prejudice to easements reporting the property.
Article 843.- No one can build or plant near the strong squares, fortresses and public buildings, but subject to the conditions required in the regulations. (a) special subject matter.
Article 844.- The easements established by public or communal utility, to maintain expeditious the navigation of the rivers, the construction or repair of the public roads, and for other communal works of this class, shall be determined by the laws and special regulations, and in the absence thereof, by the provisions of this Code.
Article 845.- No one can build near an alien wall, or co-ownership, pits, sewers, aqueducts, ovens, frwaters, fireplaces, stables; nor install deposits of corrosive materials, steam engines or factories intended for use which may be dangerous or harmful, without saving the distances prescribed by the regulations, or without constructing the necessary safeguards to be used for the purposes of the the same regulations, or in the absence of them, to what is determined by expert judgment.
Article 846.- No one can plant trees near an alien, but at a distance of two meters from the dividing line, if the planting is made of large trees, and one meter, if the planting is made of shrubs or small trees.
Article 847.- The owner may request that the planted trees be removed from their predium of the one indicated in the preceding article, and until greater, if the damage that trees cause is evident.
Article 848.- If tree branches extend over herages, gardens, or neighboring yards, the owner of the trees will have the right to be cut as soon as they are extended. his property; and if the roots of the trees are stretched to the ground of another, he may make them cut by himself within his inheritance, but with prior notice to the neighbor.
Article 849.- The owner of a non-co-owned wall, adjacent to an alien farm, may open windows or holes in it to receive lights at a height such that the part The lower part of the window has given the floor of the house to which of light three meters at least, and in any case with iron grille retucked in the wall and with net of wire, whose meshes are three centimeters at most.
Article 850.- However, as provided in the previous article, the owner of the farm or property adjacent to the wall in which the windows or holes are open, may build a wall next to it, or if you buy the property, lean on the same wall, but in one way or another, cover the holes or windows.
Article 851.- You cannot have windows to roost, or balconies or other similar overhangs, over the neighbor's property, extending beyond the boundary that separates the hereties. No side or oblique views on the same property may be taken, if there is not a meter away.
Article 852.- The distance from which the previous item speaks is measured from the separation line of the properties.
Article 853.- The owner of a building is obliged to build its roofs and roofs in such a way that the stormwater does not fall on the neighboring ground or building.
From The Appropriation of Animals
Article 854.- Animals without any marks in the properties are presumed to be the owner of the animals until the contrary is proven, unless the owner does not have breed breeding to which the animals belong.
Article 855.- Unmarked animals on land of particular property that are jointly operated by several, are presumed to be the owner of the breeding of the same species and of the same breed in them, as long as it is not proven otherwise. If two or more owners of the same species or race, as long as there is no proof that the animals belong to one of them, shall be considered as a common property.
Article 856.- The right of hunting and the right to appropriate the products of it on public land shall be subject to the respective laws and regulations.
Article 857.- On land of particular property, the right referred to in the previous article cannot be exercised, either starting in the hunting, continuing the started on public land, without permission from the owner. Wage workers and sharecroppers enjoy the right to hunt on farms where they work, as soon as it is applied to meet their needs and those of their families.
Article 858.- The exercise of the right to hunt shall be governed by the administrative regulations and by the following bases:
Article 859.- The hunter becomes the owner of the animal that hunts, by the act of taking over him, observing the provisions of Article 861.
Article 860.- The animal that has been killed by the hunter during the venatorium, and also the one who is imprisoned in nets, is considered to be captured.
Article 861.- If the injured piece is killed on other sites, the owner of these or the owner of the piece must deliver it to the hunter or allow the hunter to enter it.
Article 862.- The owner who infringes the previous item will pay the value of the piece, and the hunter will lose it if he enters to search for it without permission from that one.
Article 863.- The fact of entering the hunting dogs on foreign soil without the will of the hunter, only forces the hunter to repair the damage caused.
Article 864.- The action to order the repair prescribes within thirty days, counted from the date the damage was caused.
Article 865.- It is lawful for the labors to destroy at any time the bravios or cerriles that damage their semesters or plantations.
Article 866.- The same right applies to domestic birds in fields where land sown with cereals or other outstanding fruits, to which they may be harm those birds.
Article 867.- It is absolutely forbidden to destroy the nests, eggs, and offspring of birds of any species on any other species.
Article 868.- Fishing and diving of pearls in the waters of the domain of public power, which are of common use, shall be governed by the provisions of the laws and regulations respective.
Article 869.- The right of fishing in particular waters belongs to the owners of the Prediums in which they are located, subject to the laws and regulations of the material.
Article 870.- It is lawful for any person to appropriate the bravian animals, according to the respective Regulations.
Article 871.- It is lawful for anyone to appropriate the swarms that have not been enclosed in a hive, or when they have abandoned it.
Article 872.- It is not understood that the bees have abandoned the hive when they have been posed in the owner's own property, or are pursuing them in plain sight.
Article 873.- The ferocious animals that will escape from the enclosure in which they have their owners, may be destroyed or captured by anyone. But the owners can recover them if they compensate for the damages they have caused.
Article 874.- The appropriation of domestic animals is governed by the provisions contained in the Title of the goods shown.
Article 875.- For the purposes of the items that follow, it is understood by treasure, the hidden deposit of money, alhajas or other precious objects whose legitimate provenance is ignore. Never a treasure is considered as the fruit of an estate.
Article 876.- The hidden treasure belongs to the one that discovers it in place of your property.
Article 877.- If the site is in the domain of public power or belongs to any particular person other than the same discoverer, half of the treasury and the other half to the site owner.
Article 878.- When the objects discovered are interesting for the sciences or for the arts, they will be applied to the nation for its fair price, which will be distributed in accordance with Articles 876 and 877.
Article 879.- In order for him to discover a treasure on foreign soil enjoyment of the right already stated, it is necessary for the discovery to be casual.
Article 880.- From one's own authority no one can, on land or outside building, do excavation, horadation or any work to search for a treasure.
Article 881.- The treasure discovered on foreign soil, by works practiced without the consent of its owner, belongs entirely to this.
Article 882.- He who without the consent of the owner will do other works to discover a treasure, will be obliged in any case to pay the damages and, in addition, to afford the replacement of things to his first state; he will also lose the right of inquiry if he has it in the house, even if the term of the lease is not turned, when the owner so requests.
Article 883.- If the treasure is sought with the consent of the owner of the fund, the stipulations that have been made for the distribution shall be observed; and if there are no such provisions, the expenses and the discovered will be distributed in half.
Article 884.- When one has the property and another one has the usufruct of a farm where the treasure was found, if the one who found it was the same usufructuario, the part that It shall be determined according to the rules that are established for the strange discoverer. If the discoverer is not the owner or the user, the treasure will be distributed between the owner and the discoverer, with the exception of the user, observing in this case the provisions of Articles 881, 882 and 883.
Article 885.- If the owner finds the treasure on the farm or land whose usufruct belongs to another person, the person will have no part in the treasury, but if the require from the owner an indemnity of the usufruct, in the occupied or demolished part to seek the treasure; the compensation will be paid even if the treasure is not found.
Article 886.- The property of the goods entitles all that they produce, or they are joined or incorporated naturally or artificially. This right is called an access.
Article 887.- By virtue of it they belong to the owner:
I. The natural fruits;
II. The industrial fruits;
III. The civil fruits.
Article 888.- The spontaneous production of the land, the offspring and other products of the animals are natural fruits.
Article 889.- The offspring of the animals belong to the owner of the mother and not to the father, unless otherwise agreed.
Article 890.- It is industrial fruits that produce the herages or farms of any species, by cultivation or labor.
Article 891.- Do not repudiate natural or industrial fruits but since they are manifest or born.
Article 892.- For the animals to be considered fruits, it is enough that they are in the mother's womb, even if they are not born.
Article 893.- The rent of movable property, the income of the real estate, the income of the capital and all those that are not produced by the the same thing directly, they come from her by contract, by last will or by law.
Article 894.- The one who perceives the fruits has the obligation to pay the expenses made by a third party for their production, collection and conservation.
Article 895.- Everything that joins or joins a thing, built, planted and planted, and repaired or enhanced on land or property owned by others, belongs to the owner. of the land or farm, subject to the provisions of the following Articles:
Article 896.- All works, crops and plantations, as well as improvements and repairs carried out on a site, are presumed to be made by the owner and his coast, while Do not prove otherwise.
Article 897.- The one that sows, plant, or builds in own property, with seeds, plants or other materials, acquires ownership of one another, but with the obligation of to pay them in any event and to pay damages if they have acted in bad faith.
Article 898.- The owner of the seeds, plants or materials, will never have the right to ask that the work or planting be returned to him; but if the plants do not Root and can be taken out, the owner of them has the right to ask for it to be done.
Article 899.- When seeds or materials are not yet applied to their object or confused with others, they may be claimed by the owner.
Article 900.- The owner of the land in which he is built, planted or planted in good faith, shall have the right to do his work, sowing or planting, subject to the prescribed compensation in Article 897, or to compel the person who built or planted to pay the price of the land, and to which he sowed, only his income. If the owner of the land has proceeded in bad faith, he shall only be entitled to be paid the value of the rent or the price of the land, in their respective cases.
Article 901.- The one who edifies, plant or sows in bad faith on foreign soil, loses the edified, planted or planted, without having the right to claim any compensation from the owner of the soil, nor to retain the thing.
Article 902.- The owner of the land in which he has been built with bad faith, may ask for the demolition of the work, and the replenishment of things to its primitive state, at the expense of the er.
Article 903.- When there is bad faith, not only on the part of the owner, but on the part of the owner, this circumstance will be understood and the rights of one and the other another, as determined for the case of having proceeded in good faith.
Article 904.- It is understood that there is bad faith on the part of the edifier, planter or sower, when it does the building, planting or sowing, or allows, without claiming, that with material yours makes them another on land you know is alien, not asking the owner for written consent beforehand.
Article 905.- It is understood to be bad faith on the part of the owner, provided that in his sight, science and patience the building, the planting or the planting is done.
Article 906.- If the materials, plants or seeds belong to a third party that has not proceeded in bad faith, the owner of the land is responsible for the subsidiary of the those objects, provided that the following two circumstances are present:
I. That the one who in bad faith uses materials, plants or seeds, has no goods to respond to from its value;
II. That the built, planted, or seeded take advantage of the owner.
Article 907.- The above article will not take place if the owner uses the right granted to him by Article 902.
Article 908.- The increase that is received by the flood of the confining herages with streams of water, belong to the owners of the banks in which the flood deposit.
Article 909.- The owners of the confining herages with the lagoons or ponds, do not acquire the land discovered by the natural decrease of the waters, nor do they lose the one that These flood with the extraordinary growths.
Article 910.- When the force of the river starts a considerable and recognizable portion of a riverside field and takes it to another bottom, or to the opposite bank, the owner of the portion of the property may be reclaimed, making it within two years counted from the occurrence; past this period will lose its right of ownership, unless the owner of the field to which the portion was joined has not yet been taken possession of it.
Article 911.- The trees uprooted and transported by the stream of the waters belong to the owner of the land where they go, if they do not claim them within two months old owners. If they are required to do so, they must pay the costs incurred in collecting and putting them in place.
Article 912.- The Law on Waters of Federal Jurisdiction will determine who the abandoned channels of federal rivers belong to that vary in course.
Article 913.- They are from the domain of public power the islands that form in the seas adjacent to the national territory, as well as those forming in the rivers belonging to the Federation.
Article 914.- The channels abandoned by non-Federation water streams belong to the owners of the land where they run these waters. If the current was bordering on several premises, the abandoned riverbed belongs to the owners of both banks proportionally to the extension of the front of each inheritance, along the stream, pulling a dividing line through the alveo.
Article 915.- When the stream of the river is divided into two arms or branches, leaving an inheritance or part of it isolated, the owner does not lose his property but in the occupied part by the waters, except as provided by the Law on Waters of Federal Jurisdiction.
Article 916.- When two pieces of furniture belong to two different owners, they come together in such a way that they form a single one, without the intervention of bad faith, the owner of the principal acquires the accessory, paying its value.
Article 917.- The primary reputation is the highest value between two built-in things.
Article 918.- If you are unable to qualify in accordance with the rule set out in the preceding article, the object whose use, perfection or ornament is to be considered principal has been achieved by the union of the other.
Article 919.- In painting, sculpture and embroidery; in the written, printed, recorded, lithographs, photoprints, oleographs, chromolitographs, and in the other obtained by other procedures analogous to the previous ones, the table, metal, stone, canvas, paper or parchment are considered to be an accessory.
Article 920.- When the joined things can be separated without detriment and independently subsist, the respective owners may require separation.
Article 921.- When the joined things cannot be separated without the fact that the accessory is impaired, the owner of the principal will also have the right to ask for the separation; but shall be obliged to indemnify the owner of the accessory, provided that it has proceeded in good faith.
Article 922.- When the owner of the accessory is the one who has made the incorporation, he loses it if he has acted in bad faith; and is, moreover, obliged to indemnify the owner of the damages that have been followed because of the incorporation.
Article 923.- If the owner of the main thing is the one who has proceeded in bad faith, the one who is of the accessory shall have the right to be paid by him and indemnify him from the damages; or the thing of their belonging to be separated, even if the principal is to be destroyed.
Article 924.- If the incorporation is made by any of the owners in view or science and patience of the other, and without it being opposed, the respective rights will be fixed in accordance with Articles 916, 917, 918 and 919.
Article 925.- Whenever the owner of the subject used without his consent, is entitled to compensation, he may require that he be involved in the delivery of an equal species, in value and in all its circumstances to the employee; or in the price of it fixed by experts.
Article 926.- If two things of the same or different species are mixed, by the will of their owners or by chance, and in the latter case things are not separable without detriment, Each owner shall acquire a proportional right to the appropriate party, which shall be treated as mixed or confused.
Article 927.- If by one's will alone, but with good faith, two things of equal or different species are mixed or confused, the rights of the owners will be fixed by the provided in the previous article; unless the owner of the item mixed without his consent, prefers compensation for damages.
Article 928.- The one who in bad faith makes the mixture or confusion, loses the mixed or confused thing that is his property, and is also obliged to the compensation of the damages caused to the owner of the thing or things with which the mixture was made.
Article 929.- He who in good faith employed matters of others, in whole or in part, to form a thing of a new species, will do his work, provided that the artistic merit of it, exceeds in price to the subject, the value of which will indemnify the owner.
Article 930.- When the artistic merit of the work is lower in price to the matter, the owner of it will make the new species his own, and he will have the right, moreover, to claim compensation, damages and damages; the value of the work, the value of the work, being counted against the amount of the work.
Article 931.- If the specification was made in bad faith, the owner of the subject matter has the right to stay with the work without paying anything to the one who made it, or to demand from it that pay the value of the matter and compensate you for the damages that have been followed.
Article 932.- Bad faith in cases of mixing or confusion shall be qualified in accordance with the provisions of Articles 904 and 905.
From the domain of waters
Article 933.- The owner of the predium in which there is a natural source, or that has drilled a sprouting well, made works of collecting groundwater or constructed aljibe or If they are moved from one farm to another, their use will be considered as public utility and will be subject to the special provisions that will be applied to the water. dictate.
The domain of the owner of a predium over the waters in which this article deals, does not impair the rights that legitimately have been able to acquire to its use those of the pregod lower.
Article 934.- If any one would drill well or do underground water catchment works on his property, even if the water of the open in the outside is diminished, it is not required to compensate, but the provisions of Article 840 must be taken into account.
Article 935.- The owner of the waters will not be able to divert their course so that it causes damage to a third party.
Article 936.- The use and use of public domain waters shall be governed by the respective special law.
Article 937.- The owner of a predio that only with very expensive jobs can provide the water that he needs to use that predium, has the right to require from the owners of the neighbouring premises that they have surplus water, to provide them with the necessary water, by means of the payment of compensation fixed by experts.
Article 938.- There is co-ownership when a thing or a right belongs pro-undivided to multiple people.
Article 939.- Those who, by any title, have the legal domain of a thing, cannot be forced to keep it undivided, but in cases where by the same nature of things or by determination of the law, the domain is indivisible.
Article 940.- If the domain is not divisible, or the thing does not support comfortable division and the members do not agree to be awarded to any of them, they will be sold and to the sharing of their price among the stakeholders.
Article 941.- In the absence of a contract or special provision, the co-ownership shall be governed by the following provisions.
Article 942.- The contest of the participants, both in the benefits and the loads, will be proportional to their respective portions.
They will be assumed to be the same, while not proving otherwise, the portions corresponding to the community members.
Article 943.- Each participant may be able to use the common things, provided that they have them according to their destination and in such a way as not to prejudice the interest of the community, nor prevent co-owners from using it according to their right.
Article 944.- Every co-owner has the right to force members to contribute to the costs of preserving the common or common law. Only the party that belongs to the domain can be exempted from this obligation.
Article 945.- None of the owners may, without the consent of the others, make alterations in the common thing, even though it may be advantages for all.
Article 946.- For the administration of the common thing, all agreements of the majority of members will be required.
Article 947.- For the majority of co-owners and most interests are needed.
Article 948.- If there is no majority, the judge hearing the stakeholders will decide what should be done within what is proposed by them.
Article 949.- When part of the item belongs exclusively to a co-owner or some of them, and another is common, only the provision shall be applicable previous.
Article 950.- Every owner has the full ownership of the fair share corresponding to it and the portion of its fruits and profits, and may therefore be entitled to it, or to mortgage it, and still replace another in its use, except in the case of personal rights. But the effect of the alienation or the mortgage in relation to the owners, will be limited to the portion that is awarded in the division to the cessation of the community. The owners enjoy the right of the same.
Article 951.- When the different apartments, dwellings, houses or premises of a building, constructed vertically, horizontally or mixed, susceptible to use independent of their own exit to a common element of that or public road, they belong to different owners, each one of them will have a singular and exclusive right of property on their department, housing, house or local and, moreover, a right of co-ownership over the common elements and parts of the building, necessary for its proper use or enjoyment.
Each owner may dispose, mortgage or tax in any other way his department, home, house or local, without the need for the consent of the other condomins. In the disposal, taxation or embargo of a department, housing, house or premises, the rights to the common goods which are annexed to it shall be understood as invariably.
The right to co-ownership over the common elements of the property will only be eligible, taxable or repayable by third parties, together with the department, housing, home or local exclusive property, in respect of which it is considered an inseparable annex. Co-ownership over the common elements of the building is not liable to split.
The rights and obligations of the owners referred to in this precept shall be governed by the scriptures in which the property regime has been established, by the the corresponding sale, by the Regulation of the Condomain in question, by the Law on the Property Regime in Condominium Property, for the District and Federal Territories, by the provisions of this Code and the other laws that They are applicable.
Article 952.- When there is evidence to show who manufactured the wall that divides the pregod, the one that the costeo is the exclusive owner of it; if it consists that it was manufactured by the Adjoining, or does not consist of who manufactured it, is common property.
Article 953.- The co-ownership is presumed as long as there is no outward sign proving otherwise:
I. On the dividing walls of the adjacent buildings, to the common point of elevation;
II. On the dividing walls of the gardens or pens, located in town or in the field;
III. On the fences, fenced and live hedges that divide the rustic pregod. If the constructions do not have the same height, there is only a presumption of co-ownership up to the height of the lower construction.
Item 954.- There is a sign against the co-ownership:
I. When there are open windows or gaps in the dividing wall of buildings;
II. When you know the whole wall, fenced, near or seto are built on the ground of one of the farms and not half between one and the other of the two contiguous ones;
III. When the wall supports the loads and runs, steps and armor of one of the possessions and not the next one;
IV. When the dividing wall between yards, gardens and other herages, is constructed so that the albardilla falls into a single property;
V. When the partition wall constructed of masonry, presents stones called passers, which distance away from the surface only on one side of the wall, and not on the other side;
VI. When the wall is dividing between a building of which it forms part, and a garden, field, yard or site without building;
VII. When an inheritance is closed or defended by fenced, live fences or hedges and the adjacent ones are not;
VIII. When the fence that completely encloses a herage, it is of different species from the one that has the neighbor on its contiguous sides to the first.
Article 955.- In general, it is presumed that in the cases mentioned in the previous article, the property of the walls, fences, fenced or hedge, belong exclusively to the owner of the estate or inheritance that has in its favor these outward signs.
Article 956.- The ditches or ditches between the herages are also presumed to be co-owned if there is no title or sign to prove otherwise.
Article 957.- There is a sign contrary to the co-ownership, when the land or broza removed from the ditch or acequia to open or clean it, is found only on one side; in this case, presumes that the property of the ditch or acequia is exclusively of the owner of the inheritance that has in its favor this outward sign.
Article 958.- The presumption set out in the previous article ceases when the slope of the ground forces the earth to be cast aside.
Article 959.- The owners of the pregod are obliged to take care that the wall, ditch or hedge of common property is not impaired; and if by the fact of any of its dependents or animals, or any other cause that depends on them, will deteriorate, they must be replaced, paying the damages that have been caused.
Article 960.- The repair and reconstruction of the common property walls and the maintenance of the fenced, live, ditches, ditches, also common, will cost proportionally for all owners who have the property in their favor.
Article 961.- The owner who wants to get rid of the obligations imposed by the previous article, can do so by giving up the co-ownership, except in the case where the wall common to hold a building of yours.
Article 962.- The owner of a building that is supported on a common wall, can, when taking down, give up or not the co-ownership. In the first case, all necessary expenses will be taken into account to avoid or repair the damage caused by the demolition. In the second, in addition to this obligation, it is subject to those imposed by Articles 959 and 960.
Article 963.- The owner of an estate next to a dividing wall that is not common, can only give it this character in whole or in part, by contract with the owner of she.
Article 964.- Every owner can raise the common property wall, making it at his expense, and indemnify the damages that will be caused by the work, even if they are temporary.
Article 965.- All works of preservation of the wall in the part in which the wall has increased its height or thickness, and those in the common part, shall also be of account. are necessary, provided that the deterioration comes from the highest height or thickness that has been given to the wall.
Article 966.- If the common property wall cannot resist elevation, the owner who wants to lift it will have an obligation to rebuild it at its cost; and if it is need to give it greater thickness, it should give it of its soil.
Article 967.- In the cases referred to in Articles 964 and 965, the wall remains of common property up to the height in which it was formerly, even if it was built again at the expense of only one, and from the point where the highest height began, it is owned by the building.
Article 968.- Other owners who have not contributed to the wall or thickness of the wall will be able, however, to acquire in the newly elevated part the rights of co-ownership, paying proportionally the value of the work and half of the value of the land on which the thickness was given.
Article 969.- Each owner of a common wall may use it in proportion to the right he has in the community; he may therefore build, supporting his work on the wall. The invention relates to a method for the use of the same or a half of its thickness, but without preventing the common and respective use of the other co-owners. In the event of resistance of the other owners, the necessary conditions will be arranged through experts so that the new work does not harm the rights of those.
Article 970.- Existing trees near co-ownership or pointing to linderline are also co-owned, and cannot be cut or replaced with others without the consent of both owners, or by judicial decision pronounced in contradictory judgment, in case of disagreement of the owners.
Article 971.- The fruits of the common tree or shrub, and the expenses of their cultivation will be spread equally among the co-owners.
Article 972.- No co-owner can, without the consent of the other, open a window or hole in the common wall.
Article 973.- The owners of the undivided thing cannot alienate their respective aliquot part, if the participant wants to make use of the law of the same. To this end, the co-owner shall notify the other, by way of notary or judicially, of the sale which he has agreed, so that within the next eight days he shall make use of the law of the same. After the eight days, for the only lapse of the term the right is lost. As long as the notification has not been made, the sale will not have any legal effect.
Article 974.- If several owners of the undivided thing make use of the law of the same, the one who represents the most, and being the same, the designated by the luck, except convention to the contrary.
Article 975.- The enajenations made by heirs or legacies of the inheritance portion that correspond to them, shall be governed by the provisions of the related articles.
Article 976.- Co-ownership ceases: by the division of the common thing; by the destruction or loss of it; by its disposal and by the consolidation or meeting of all the quotas in a single co-owner.
Article 977.- The division of a common thing does not prejudice the third party, which retains the actual rights that belong to it before the partition is made, observing, in its case, the provisions for mortgages that are liable to be taxed and are prevented for the purchaser of good faith who inscribes his title in the Public Registry.
Article 978.- The real estate division is null if it is not done with the same formalities as the law requires for sale.
Article 979.- They are applicable to the division between members of the rules concerning the division of inheritances.
Of The User, Use, and Room
From The User In General
Article 980.- The usufruct is the real and temporary right to enjoy the foreign goods.
Article 981.- The usufruct can be constituted by law, by the will of man or by prescription.
Article 982.- The usufruct can be made in favor of one or more people, simultaneously or successively.
Article 983.- If it is in favor of multiple persons simultaneously, either by inheritance, by contract, by ceasing the right of one of the persons, it shall pass to the owner, unless the usufruct has been established, it shall be willing to provide the other usufructums with it.
Article 984.- If it is successively constituted, the usufruct will not take place but in favor of the people who exist at the time of beginning the right of the first user.
Article 985.- The usufruct can be constituted from or to a certain day, purely and under condition.
Article 986.- The usufruct is lifetime if the constitutive title does not express the opposite.
Article 987.- The rights and obligations of the user and the owner are arranged, in any case, by the title constitutive of the usufruct.
Article 988.- Corporations that cannot acquire, own or manage real estate, cannot have usufruct made up of goods of this kind.
From User Rights
Article 989.- The user has the right to exercise all real, personal or possory actions and exceptions, and to be considered as a party in any dispute, even if it is followed by the owner, provided that the usufruct is interested in it.
Article 990.- The user has the right to perceive all fruits, whether natural, industrial or civil.
Article 991.- The natural or industrial fruits pending at the time of starting the usufruct, will belong to the usufruct. The slopes at the time of extinction of the usufruct belong to the owner. Neither the latter nor the usufrutary have to be paid for reasons of labor, seeds or other similar expenses. The provisions of this article do not harm the sharecroppers or leaseholders who have the right to receive some portion of the fruit, at the time of starting or extinguishing the usufruct.
Article 992.- The civil fruits belong to the user in proportion to the time the usufruct lasts, even if they are not collected.
Article 993.- If the usufruct includes things that are impaired by the use, the user will have the right to use them, using them according to their destination, and will not be forced to reinstate them, at the end of the usufruct, but in the state in which they are located; but it has an obligation to indemnify the owner of the deterioration that he has suffered for him or her negligence.
Article 994.- If the usufruct comprises things that cannot be used without consumption, the user will have the right to consume them, but he is obliged to restore them, to the end usufruct, in equal gender, quantity and quality. It is not possible to do the restitution, it is obliged to pay its value, if they had been estimated, or its current price at the time of ceasing the usufruct, if they were not estimated.
Article 995.- If the usufruct is made up of capital taxes on revenues, the usufructory only makes its own these and not those, but for the capital to be redeemed In order to ensure that the original obligation is novated, the person of the debtor will be replaced, if it is not a matter of guaranteed rights with a real tax, and that the redeemed capital will be reimposed, consent of the user.
Article 996.- The user of a mountain enjoys all the products that come from it, according to its nature.
Article 997.- If the mount is to be carved or from construction woods, it may be the usufrucary to do in it the ordinary cut or cut that the owner would make; accommodating in the way, portion or period of special laws or the customs of the place.
Article 998.- In other cases, the user will not be able to cut trees by the foot, as it is not to replenish or repair some of the things used; and in this case he will to the owner the need for the work.
Article 999.- The user may use the nurseries, without prejudice to their conservation and according to the customs of the place and the provisions of the respective laws.
Article 1000.- It is up to the user to bear the fruit of the increases that receive the things by access and the enjoyment of the easements that he has in his favor.
Article 1001.- Do not correspond to the use of the products of the mines that are exploited in the field given in usufruct, unless expressly granted in the title the use of the usufruct or that it is universal; but it must be compensated to the usufructory of the damages and damages that arise from the interruption of the usufruct as a result of the works that are practiced for the labor of the mines.
Article 1002.- The user can enjoy himself from the usufrucated thing. It can dispose, lease and tax its usufruct right; but all contracts it celebrates as usufruct will end with usufruct.
Article 1003.- The user can make useful and purely voluntary improvements; but he has no right to claim his payment, although he can withdraw them, whenever possible do so without detriment to the thing in which the usufruct is constituted.
Item 1004.- The owner of the goods in which another has the usufruct, can be used, provided that the usufruct is preserved.
Article 1005.- The user enjoys the right of the same. The provisions of Article 973 are applicable, as regards the way in which the notice of disposal is given and the time to make use of the right of the same.
From User Obligations
Article 1006.- The user, before entering into the enjoyment of the goods, is obliged:
I. To form at their expense, with the owner's summons, an inventory of all of them, making the furniture tasar and the state in which the buildings are located;
II. To give the corresponding guarantee that he will enjoy the things in moderation, and will return them to the owner with his accessions, when the usufruct is extinguished, not worsened or damaged by his negligence, except as provided in the article 434.
Article 1007.- The donor who reserves the usufruct of the donated goods, is exempt from giving the said bond, if it has not been expressly obliged to do so.
Article 1008.- The one who reserves the property, can dispense the usufruct from the obligation to entrench.
Article 1009.- If the usufruct is constituted by contract, and the one which he contracts shall be the owner, and shall not require in the contract the surety, he shall not be obliged If you are a third party, you may ask for it even if the contract has not been stipulated.
Article 1010.- If the usufruct is constituted for consideration, and the user does not provide the corresponding bond, the owner has the right to intervene the administration of the goods, in order to ensure their preservation, subject to the conditions laid down in Article 1047 and to the extent to which the remuneration is granted.
When the usufruct is free of charge and the user does not grant the bond, the usufruct is extinguished in the terms of article 1038, fraction IX.
Article 1011.- The user, given the security, shall be entitled to all the fruits of the thing, from the day when, according to the title constitutive of the usufruct, he had to start to be perceived.
Article 1012.- In the cases referred to in Article 1002, the user is responsible for the impairment of the goods due to the fault or negligence of the person who substitute.
Article 1013.- If the usufruct is constituted over cattle, the usufruct is obliged to replace with the offspring, the heads that are missing for any cause.
Article 1014.- If the livestock in which the usufruct was constituted perish without fault of the usufructory, for the purpose of an epizootic or some other non-common event, the Usufrutuario complies with the surrender to the owner of the offal that have been saved from that calamity.
Article 1015.- If the herd perishes in part, and without the fault of the usufrucary, the usufruct continues in the remaining part.
Article 1016.- The fruit tree user is obliged to the replanting of the dead feet naturally.
Article 1017.- If the usufruct has been constituted free of charge, the user is obliged to make the necessary repairs to keep the thing in the state in that was when he received it.
Article 1018.- The user is not obliged to make such repairs, if the need for them comes from old age, intrinsic vice or serious deterioration of the thing, previous to the constitution of the usufruct.
Article 1019.- If the user wants to make the repairs referred to, he must obtain the owner's consent before; and in no case has the right to demand compensation. of no species.
Article 1020.- The owner, in the case of Article 1,018, is also not required to make the repairs, and if he does not have the right to demand compensation.
Article 1021.- If the usufruct has been constituted for onerous title, the owner has an obligation to make all the necessary repairs to the thing, during the time stipulated in the convention, may produce the fruits that were ordinarily obtained from it at the time of delivery.
Article 1022.- If the user wants to make the repairs in this case, he/she must give notice to the owner, and prior to this requirement, he/she will be entitled to charge the end of usufruct.
Article 1023.- The omission of the notice to the owner, makes the user responsible for the destruction, loss or impairment of the thing for lack of repairs, and deprives him the right to ask for compensation if he does.
Article 1024.- Any reduction of the fruits that come from the imposition of contributions, or ordinary burdens on the farm or the usufrated thing, is of account of the usufrutary.
Article 1025.- The decrease that due to the causes themselves is verified, not in the fruits, but in the same farm or thing used, will be of account of the owner; and if this, to preserve the whole thing, makes the payment, has the right to be paid the interest of the sum paid, for all the time that the usufrutuario continues to enjoy the thing.
Article 1026.- If the user makes the payment of the amount, he has no right to charge interest, being compensated for the fruits that he receives.
Article 1027.- He who by succession acquires universal usufruct, is obliged to pay for the entire legacy of life income or food pension.
Article 1028.- For the same title to acquire a part of the universal usufruct, it will pay the legacy or the pension in proportion to its share.
Article 1029.- The particular user of a mortgaged estate is not obliged to pay the debts for which the mortgage was established.
Article 1030.- If the farm is shipped or is sold judicially for the payment of the debt, the owner responds to the usufruct of what he loses for this reason, if not Otherwise, by constituting the usufruct.
Article 1031.- If the usufruct is of all the assets of an inheritance, or of a part of them, the usufructory will be able to anticipate the sums that for the payment of the debts They correspond to the goods used, and shall have the right to demand from the owner their refund, without interest, when the usufruct is extinguished.
Article 1032.- If the user will refuse to make the advance notice of the preceding article, the owner will be able to sell the part of the goods that is sufficient for the payment of the amount to be satisfied by the amount, according to the rule laid down in that Article.
Article 1033.- If the owner makes the advance notice on his own, the user will pay the interest of the money, according to the rule set out in Article 1025.
Article 1034.- If the rights of the owner are disturbed by a third party, be it the way or for whatever reason, the user is obliged to put it to the knowledge of that; and if you do not do so, you are responsible for the damages that result, as if they were caused by your guilt.
Article 1035.- The expenses, costs and convictions of the pleos sustained on the usufruct, are of the owner's account if the usufruct has been constituted for onerous title, and of the user, if it has been constituted as a free title.
Article 1036.- If the litigation interests the owner and the user at the same time, they will contribute to the expenses in proportion to their respective rights, if the usufruct is It is a free title, but the usufruct in no case will be obliged to answer for more than what the usufruct produces.
Article 1037.- If the user, without summons from the owner, or is without the owner of the owner, has followed suit, the favorable sentence takes advantage of the unquoted, and the adverse impairs.
From Extinguishing The Ususfruct
Article 1038.- The usufruct is extinguished:
I. By death of the user;
II. Due to the deadline by which it was constituted;
III. For compliance with the condition imposed in the constitutive title for the cessation of this right;
IV. By the meeting of the usufruct and the property in the same person; more if the meeting is verified in a single thing or part of the usufruct, otherwise the usufruct will survive;
V. By prescription, as prevented from actual rights;
VI. For the express renunciation of the usufruttuary, except for the provisions regarding the resignations made in the fraud of the creditors;
VII. For the total loss of the thing that was the object of the usufruct. If the destruction is not total, the right remains on what has remained;
VIII. For the cessation of the right of the usufruct, when having a revocable domain, the case of revocation arrives;
IX. For not giving bail for free title, if the owner has not exempted him from that obligation.
Article 1039.- The death of the user does not extinguish the usufruct, when the usufruct has been constituted in favor of several people successively, since in such case it enters the enjoyment of the same, the appropriate person.
Article 1040.- The usufruct constituted in favor of moral persons who can acquire and manage real estate, will only last twenty years; ceasing before, in the event that such people cease to exist.
Article 1041.- The usufruct granted for the time that a third is late to arrive at a certain age, lasts the number of years prefixed, even if the third one dies before.
Article 1042.- If the usufruct is made up of a building, and it is ruined in a fire, for vetustez, or for some other accident, the usufructory is not entitled to enjoy the sun or the materials; but if it is constituted on a farm, fifth or ranch that only part of the ruined building is part, the usufrucary can continue to use the solar and the materials.
Article 1043.- If the usufrated thing is expropriated for cause of public utility, the owner is obliged, well to replace it with another of equal value and analogous conditions, or to pay the legal interest of the amount of the compensation for all the time the usufruct had to last. If the owner will opt for the latter, he/she must secure payment of the revenue.
Article 1044.- If the building is rebuilt by the owner or by the user, the provisions of Articles 1019, 1020, 1021 and 1022 will be provided.
Article 1045.- The temporary impediment by chance or force majeure, does not extinguish the usufruct, nor does it give the right to demand compensation from the owner.
Article 1046.- The time of the impediment is to be run for the usufrucary, from whom it will be the fruits that during it can produce the thing.
Article 1047.- The usufruct is not extinguished by the misuse that makes the usufruct of the usufructed thing; but if the abuse is serious, the owner can ask to be put in possession of the goods, obliging, on bail, to pay annually to the user the liquid product of the same, for the duration of the usufruct, deduced the prize of administration that the judge agrees.
Article 1048.- Termination of the usufruct, the contracts that have been concluded by the user, do not force the owner, and the owner will enter the possession of the thing, without against him have the right to be hired by the user, to ask him for compensation for the dissolution of his contracts, nor for the stipulations of these, which can only be used against the usufruct and his heirs, except the provisions in Article 991.
Use and Room
Article 1049.- Use gives the right to perceive the fruits of an alien thing, which are sufficient for the needs of the user and his family, even if it increases.
Article 1050.- The room gives, to whom has this right, the ability to occupy free, at home, the pieces necessary for himself and for the persons of his family.
Article 1051.- The user and the person who has the right to a room in a building cannot dispose, tax, or lease in all or part of their rights to another, or these rights they can be foreclosed by their creditors.
Article 1052.- The rights and obligations of the user and of the person in the room shall be fixed by the respective titles and, failing that, by the provisions following:
Article 1053.- The provisions established for usufruct are applicable to the rights of use and room, as soon as they are not opposed to what is ordered in the present chapter.
Article 1054.- He who has the right to use a cattle, can take advantage of the offspring, milk and wool as soon as it is enough for his consumption and that of his family.
Article 1055.- If the user consumes all the fruits of the goods, or the one who has the right of room occupies all the pieces of the house, they are obliged to all the expenses of cultivation, repairs and payment of contributions, as well as the usufrucary; but if the former only consumes part of the fruits, or the second only takes part of the house, they must not contribute in anything, provided that the owner has a part of the fruits or lots to cover expenses and charges.
Article 1056.- If the remaining fruits of the owner do not cover the expenses and charges, the missing portion will be covered by the user, or by which he is entitled to the room.
Of The Servers
Article 1057.- The easement is a real tax levied on a property for the benefit of another belonging to a different owner.
The property to which the servitude is constituted is called the dominant predium; the one who suffers it, it pregave servant.
Article 1058.- The easement consists of not doing or tolerating. In order for the owner of the servant to be able to demand the execution of a fact, it is necessary that it be expressly determined by the law, or in the act in which the easement was constituted.
Article 1059.- The easements are continuous or discontinuous; apparent or not apparent.
Article 1060.- These are continuous ones whose use is or can be unceasing without the intervention of any man's fact.
Article 1061.- They are discontinuous, those whose use needs some current fact of man.
Article 1062.- It is apparent that they are advertised by external works or signs, arranged for use and use.
Article 1063.- It is not apparent that they do not exhibit outward sign of their existence.
Article 1064.- The easements are inseparable from the building to which they actively or passively belong.
Article 1065.- If the immovable property is owned, the serfdom continues, already actively, passively, in the property or object in which it was constituted, until legally extinga.
Item 1066.- The easements are indivisible. If the servant is divided among many owners, the servitude is not modified, and each one of them has to tolerate it in the part that corresponds to it. If it is the dominant predium that is divided among many, each portioneer can use the whole of the servitude, not varying the place of its use, nor aggravating it in another way. More if the easement has been established in favor of a single party of the dominant predom, only the owner of this one can continue to enjoy it.
Article 1067.- The easements bring their origin from the will of the man or the law; the first ones are called voluntary and the second legal ones.
Article 1068.- Legal basis is established by law, taking into account the situation of the pregod and in view of the public and private utility jointly.
Article 1069.- Articles 1,119 to 1,127 inclusive are applicable to legal easements.
Article 1070.- Everything concerning easements established for public or communal utility shall be governed by special laws and regulations and, failing that, by provisions of this Title.
From the Desague Legal Server
Article 1071.- The lower pregod is subject to receiving the waters that naturally, or as a consequence of the agricultural or industrial improvements that are made, fall from the above, as well as the stone or earth that they drag in their course.
Article 1072.- When the lower pregod receives the waters of the superiors as a result of the agricultural or industrial improvements made to them, the owners of the pregod servants have the right to be compensated.
Article 1073.- When a rustic or urban predium is interlocked among others, the owners of the surrounding lands will be obliged to allow the central drain. The size and direction of the drain line, if the parties concerned do not agree, shall be set by the judge, after a report by experts and hearing of the parties concerned, with the rules for the easement being observed as soon as possible. step.
Article 1074.- The owner of a predium in which there are defensive works to contain the water, or in which by the variation of the resource of this it is necessary to construct new, is forced, at their choice, or to make repairs or constructions, or to tolerate that without prejudice to them the owners of the pregod who experience or are imminently exposed to experience the damage, unless the special laws of They impose the obligation to do the works.
Article 1075.- The provisions of the foregoing article apply to the case where it is necessary to land some of the materials whose accumulation or fall prevents the course of water with damage or danger of third.
Article 1076.- All owners who participate in the benefit from the works covered by the above articles are obliged to contribute to the (a) in proportion to their interest and judgment of experts. Those who, by their fault, have caused the damage, will be responsible for the expenses.
Article 1077.- If the waters that pass to the predium have become unsanitary for the domestic or industrial uses that have been made, they must become harmless. at the expense of the owner of the dominant predium.
From Aqueduct Legal Server
Article 1078.- He who wants to use water that he can dispose of, has the right to make it go through the intermediate fundos, with an obligation to compensate his owners, as well as to the of the lower prediums upon which the waters are filtered or fall.
Article 1079.- They are excepted from the easement established in the previous article, the buildings, their courtyards, gardens, and other dependencies.
Article 1080.- The one who exercises the right to pass the waters that is dealt with in Article 1078, is obliged to construct the necessary channel in the intermediate premises, although there are channels for the use of other waters.
Article 1081.- The one that has a channel for the course of the waters that belong to it, can prevent the opening of another new, offering to give way for that, with such that does not cause damage to the owner of the dominant predium.
Article 1082.- The passage of the water through the channels and aqueducts should also be granted in the most convenient way, provided that the course of the waters that are for these and their volume, do not suffer alteration, nor do both aqueducts mix.
Article 1083.- In the case of Article 1078, if it is necessary to pass the aqueduct down a road, river or public torrent, it must be indispensably and previously obtained the permission of the authority under whose inspection the road, river or torrent are.
Article 1084.- The authority will only grant the permit with full attachment to the respective regulations, and force the owner of the water to pass it without the aqueduct prevent, shake, or deteriorate the path, nor embark or hinder the course of the river or torrent.
Article 1085.- He who without such prior permission, will pass the water or pour it over the road, will be forced to replenish things to his old state and to compensate for the damage that to any cause, without prejudice to the penalties imposed by the relevant regulations.
Article 1086.- The one you intend to use from the right entered in Article 1078, you must previously:
I. Justify that you can dispose of the water you intend to drive;
II. Accredit that the step you request is the most convenient for the use of water;
III. Accredit that such a step is the least onerous for the pregod where water must pass;
IV. Pay the value of the land to be occupied by the channel, according to expert estimates and ten percent more;
V. Reside the immediate damages, including the one that is divided into two or more parts of the servant, and of any other deterioration.
Article 1087.- In the case referred to in Article 1081, which seeks the passage of water, it shall pay, in proportion to the amount of water, the value of the land occupied by the channel in which they are introduced and the costs necessary for their conservation, without prejudice to the compensation due on the ground that is necessary to be filled again, and for the other costs incurred by the step which is granted to it.
Article 1088.- The amount of water that can be passed through an aqueduct established in foreign property, will have no other limitation than the one that results from the Agreed dimensions have been fixed to the same aqueduct.
Article 1089.- If the person who enjoys the aqueduct needs to expand it, he must pay for the necessary works and pay the land that he again occupies and the damages he causes, as to the provisions of Article 1086 (IV) and (V).
Article 1090.- The legal easement established by Article 1078, brings with it the right of transit for persons and animals, and the driving of materials necessary for the use and repair of the aqueduct, as well as for the care of the water that is carried by it; the provisions of the articles from 1099 to 1104, including.
Article 1091.- The provisions concerning the passage of waters are applicable to the case where the holder of a swampy land wants to desiccate it or to give out by means of The water flows to the stagnant waters.
Article 1092.- Everyone who takes advantage of an aqueduct, whether through his own land, must build and preserve the bridges, canals, underground aqueducts and other works necessary to ensure that the right of another is not prejudiced.
Article 1093.- If the ones used are several, the obligation will rest on all in proportion to their use, if there is no prescription or convention in
Article 1094.- The provisions of the above two articles include clean, construction, and repairs so that the water course is not interrupted.
Article 1095.- The aqueduct easement does not prevent the owner of the servant from being able to close and close it, as well as to build on the same aqueduct so that This does not affect injury or make the necessary repairs and clean-up impossible.
Article 1096.- When for the best use of the water that you have the right to dispose, it is necessary to build a dam and the one that has to do it does not own the Where it is necessary to support it, it may require the servitude of a dam to be established, subject to appropriate compensation.
From Step Legal Server
Article 1097.- The owner of an estate or herage interlocked among others outside the public road, has the right to demand passage, for the use of for the neighbouring herages, without their respective owners being able to claim anything other than compensation equivalent to the injury caused to them by this charge.
Article 1098.- The action to claim this compensation is prescriptible; but even if it is prescribed, the step obtained does not cease for this reason.
Article 1099.- The owner of the servant predium has the right to point out where the pass-through easement is to be built.
Article 1100.- If the judge qualifies the point of impracticable or very burdensome to the dominant one, the owner of the servant must point out another.
Article 1101.- If this place is qualified in the same way as the first, the judge will point out the one that creates the most convenient, attempting to reconcile the interests of the two God.
Article 1102.- If there are several pregod where the passage to the public road may occur, the bound to the easement shall be the one where the distance is shorter, always that it is not very uncomfortable and expensive to pass through that place. If the distance is equal, the judge shall designate which of the two grounds must take the step.
Article 1103.- In the pass-through easement, the width of this will be the one that suffices the needs of the dominant predium, in the judgment of the judge.
Article 1104.- In the event that there has been prior communication between the estate or inheritance and some public route, the passage can only be required at the inheritance or estate where lately there was.
Article 1105.- The owner of a rustic predium is entitled, through the corresponding compensation, to demand that he be allowed the passage of his earned by the neighboring pregod, to drive them to an open-end that you can dispose of.
Article 1106.- The owner of the tree or shrub adjacent to the other, has the right to demand from it that it be allowed to collect the fruits that cannot be pick up on your side, provided that you have not used or are not used in the right granted by Articles 847 and 848; but the owner of the tree or shrub is responsible for any damage caused by the collection.
Article 1107.- If it is indispensable to build or repair any building passing materials by other than or placing on the scaffolding or other objects for the work, the owner of This property shall be obliged to consent to it, receiving the compensation for the damage to which it is irradiated.
Article 1108.- When to establish private telephone communications between two or more farms, or to drive electric power to an estate, it is necessary to place poles The owner of the property is obliged to allow it, by means of the corresponding compensation. This easement brings with it the right of transit of people and the right to drive the necessary materials for the construction and monitoring of the line.
Of Voluntary Serversas
Article 1109.- The owner of an estate or inheritance can set in it how many easements it has for convenient, and in the way and form that it best seems to you, provided that does not contravene laws, or prejudice the rights of third parties.
Article 1110.- Only persons who have the right to dispose of property may constitute easements; those who cannot dispose of buildings but with certain solemnities or conditions, cannot, without them, impose easements on them.
Article 1111.- If you force multiple owners of a property, you will not be able to impose easements but with everyone's consent.
Article 1112.- If the owners are several, only one of them acquires an easement on another property, in favor of the common one, all the owners, being obliged to the natural taxes they bring with them and to the covenants with which it has been acquired.
How Volunteer Serversare Adwanted
Article 1113.- Continuous and apparent easements are acquired by any legal title, including prescription.
Article 1114.- Non-apparent continuous easements, and discontinuous, whether or not apparent, cannot be purchased by prescription.
Article 1115.- To which you intend to be entitled to an easement, you must prove, even if you are in possession of it, the title by virtue of which you enjoy it.
Article 1116.- The existence of an apparent sign of easement between two estates, established or preserved by the owner of both, is considered, if they are to be title to continue the serfdom, unless, at the time of dividing the property of the two estates, the contrary is expressed in the title of disposal of any of them.
Article 1117.- When an easement is constituted, all means necessary for its use are understood to be granted; and the latter also ceases these ancillary rights.
Rights and Obligations of the Owners of the Prediums between which some Voluntary Servitude is constituted
Article 1118.- The use and extension of the easements established by the will of the owner, shall be arranged by the terms of the title in which they have their origin, and in their defect, by the following provisions.
Article 1119.- It is up to the owner of the dominant predium to make at his expense all the works necessary for the use and conservation of the easement.
Article 1120.- He himself has an obligation to do at his expense the works that are necessary for the owner of the servant to not be caused, by the servitude, more (ii) the charges against it; and if, by reason of its negligence or omission, other damage is caused, it shall be liable for compensation.
Article 1121.- If the owner of the servant has been obliged in the title of the servitude to do something or to pay for any work, it shall be freed from the Obligation to abandon its property to the owner of the dominant.
Article 1122.- The owner of the servant's predium may not in any way detract from the serfdom constituted on it.
Article 1123.- The owner of the servant's predium, if the first place designated for the use of the easement would come to present him with serious inconvenience, may offer another it is comfortable to the owner of the dominant predom, who will not be able to refuse, if not harmed.
Article 1124.- The owner of the servant's property may execute the works that make the easement less burdensome, if it does not harm the parent.
Article 1125.- If the preservation of such works is followed by some damage to the dominant predium, the owner of the servant is obliged to restore things to his former state and compensation for damages.
Article 1126.- If the owner of the dominant pre-parent objects to the works in question in Article 1124, the judge shall decide upon the report of experts.
Article 1127.- Any doubt about the use and extension of the easement, will be decided in the less burdensome sense for the servant, without making it impossible or difficult to use of the easement.
From Extinction of Serversings
Article 1128.- Voluntary easements are extinguished:
I. For meeting in the same person the property of both pregod: dominant and servant; and they do not revive by a new separation, except as provided in article 1116; but if the act of assembly was resolvable by its nature, and the case of the resolution, renacen the easements as they were before the meeting;
II. For non-use;
When the easement is continuous and apparent, for the non-use of three years, counted from the day when the apparent sign of the easement ceased to exist;
When it is discontinuous or not apparent, for the non-use of five years, counted from the day when it ceased to be used for having executed the owner of the founded servant act contrary to the servitude, or for having forbidden it to be used of it. If there was no contrary act or prohibition, even if there was no use of the easement, or if there were such acts, but the use continues, it does not run the time of the prescription;
III. When the prediums arrive without fault of the owner of the predium servant to such a state that it cannot be used of the servitude. If the pregod is reestablished in such a way that it can be used for serfdom, it will be revived, unless from the day it has been used, sufficient time has elapsed for the prescription;
IV. For the free or onerous remission made by the owner of the dominant predium;
V. When constituted by virtue of a revocable right, the term is due, the condition is met or the circumstance that must put an end to it is fulfilled.
Article 1129.- If the pregod among whom a legal easement is constituted, they pass to the power of the same owner, the servitude ceases to exist; but they are separated again properties, relive that, even if no apparent sign has been preserved.
Article 1130.- Legal easements established as being of public or communal utility, are lost for the non-use of five years, if it is proved that during this time acquired, by which he enjoyed those, other servitude of the same nature, for a different place.
Article 1131.- The owner of a property subject to a legal easement, may, by means of agreement, be freed from it, with the following restrictions:
I. if the serfdom is constituted in favour of a municipality or a population, the convention shall not take effect with respect to the whole community, if the City Council has not been held in representation of it; but it shall take action against each of the individuals who have renounced such servitude;
II. If the easement is in public use, the convention is null in any case;
III. If the easement is passing or dewatering, the agreement shall be understood as having been concluded with the condition that the owners of the surrounding premises approve it, or at least the owner of the property where the serfdom is once again constituted;
IV. The waiver of the legal drain easement will only be valid when it does not object to the respective regulations.
Article 1132.- If the dominant pre-parent belongs to a number of pro-undivided owners, the use made by one of them takes advantage of the others to prevent the prescription.
Article 1133.- If there is no prescription among the owners against whom the prescription cannot be run by special laws, it will not be against the others.
Article 1134.- The way to use the easement can be prescribed in time and in the way that the easement itself.
Article 1135.- Prescription is a means of acquiring goods or discharging obligations, over the course of a certain period of time and under the conditions laid down by the law.
Article 1136.- The acquisition of property by virtue of possession is called a positive prescription; the release of obligations, due to the failure to enforce it, is called negative prescription.
Article 1137.- Only goods and obligations that are in trade may be prescribed, except for exceptions established by law.
Article 1138.- You may acquire by positive prescription all who are capable of acquiring for any other title; minors and others unable to do so by the average of their legitimate representatives.
Article 1139.- For the purposes of Articles 826 and 827 the cause of the possession is legally changed, when the holder who did not hold the owner begins to possess with this character, and in such case the prescription is not run but from the day when the cause of the possession has been changed.
Article 1140.- The negative prescription takes advantage of everyone, even those who themselves cannot force themselves.
Article 1141.- People with the ability to dispose may waive the earned prescription, but not the right to prescribe for the future.
Article 1142.- The waiver of the prescription is either express or tacit, the latter being the result of a fact that matters the abandonment of the acquired right.
Article 1143.- Creditors and all who have a legitimate interest in the limitation of the prescription may make it valid even if the debtor or the owner has renounced the rights in that virtue acquired.
Article 1144.- If multiple persons have in common some thing, they cannot be prescribed against their co-owners or co-holders; but they can prescribe against a strange, and in this case the prescription takes advantage of all the participants.
Article 1145.- The exception which, by prescription, is acquired by a co-debtor in solidarity, shall not take advantage of the others but when the time required has been due to run in the same way all of them.
Article 1146.- In the case provided for in the preceding article, the creditor may only require debtors who do not prescribe the value of the obligation to deduct the which corresponds to the debtor you prescribed.
Article 1147.- The prescription acquired by the principal debtor always takes advantage of its guarantor.
Article 1148.- The Union or the Federal District, local councils and other public moral persons shall be considered as individuals for the prescription of their property, rights and actions that are subject to private ownership.
Article 1149.- The one you prescribe may complete the term necessary for your prescription by gathering the time you have owned, the one that the person who transmitted the thing, with such that both possessions have the legal requirements.
Article 1150.- The provisions of this Title, relating to the time and other requirements necessary for the prescription, will only cease to be observed in cases where the law expressly prevent otherwise.
From Positive Prescription
Item 1151.- The possession required to prescribe must be:
I. For owner;
Item 1152.- Real Estate is prescribed:
I. In five years, when they are owned by owner, in good faith, peacefully, continuously and publicly;
II. In five years, when the buildings have been the subject of an entry of possession;
III. In ten years, when they are in bad faith, if the possession is in the form of owner, peaceful, continuous and public;
IV. The time indicated in fractions I and III will be increased by a third, if it is demonstrated, by whom it has a legal interest in it, that the holder of a rustic estate has not cultivated it for most of the time it has owned, or that For not having made the owner of the urban estate the necessary repairs, it has remained uninhabited most of the time that it has been in power of that.
Article 1153.- Furniture items are prescribed in three years when they are possessed in good faith, peacefully and continuously. With good faith, they will be prescribed in five years.
Article 1154.- When possession is acquired through violence, even if this cessation and possession continues peacefully, the limitation period shall be ten years for the period of time. the buildings and five for the furniture, counted since the end of the violence.
Article 1155.- The possession acquired by means of a crime shall be taken into account for the prescription, from the date on which the penalty is extinguished or prescribed. criminal action, considering possession as bad faith.
Article 1156.- The person who has owned real estate for the time and with the conditions required by this Code to acquire them by prescription, may promote judgment against which he appears as the owner of those goods in the Public Registry, in order to declare that the prescription has been consummated and that he has acquired the property, therefore.
Article 1157.- The enforceable statement that declares the prescription action, will be entered in the Public Registry and will serve as a property title to the holder.
From Negative Prescription
Article 1158.- The negative prescription is verified for the duration of the time set by the law.
Article 1159.- Out of the cases of exception, it takes the span of ten years, counted since an obligation could be demanded, for the right to ask for its compliance.
Article 1160.- The obligation to give food is imprinted.
Article 1161.- Prescriben in two years:
I. The fees, salaries, wages, wages or other remuneration for the provision of any service. The prescription begins to run from the date the services were stopped;
II. The action of any merchant to charge the price of objects sold to people who do not force sales.
The prescription runs from the day the items were delivered, if the sale was not made in time;
III. The action of the owners of hotels and guest houses to charge the amount of the lodging; and the one of these and the phondists to charge the price of the food that they minister.
The prescription runs from the day the lodging should have been paid, or from the time the food was ministered to;
IV. Civil liability for injury is either done in writing or in writing, and is born from harm caused by persons or animals, and that the law imposes on the representative of those or the owner of the animals.
The prescription begins to run from the day the injury was received or was known or from the day the damage was caused;
V. Civil liability for unlawful acts that do not constitute crimes.
The prescription runs from the day the acts were verified.
Article 1162.- Pensions, rents, rentals and any other periodic benefits not charged to maturity shall be prescribed in five years, numbered from the maturity of each of them, the recovery is already made by virtue of actual action or personal action.
Article 1163.- With respect to obligations with pension or income, the time of the capital's prescription begins to run from the day of the last payment, if no deadline has been set. for the return; otherwise, from the expiration of the deadline.
Article 1164.- It prescribes in five years the obligation to give accounts. In the same way, the liquid obligations that result from the accountability are prescribed. In the first case, the prescription begins to run from the day the obligation ends its administration; in the second case, from the day the liquidation is approved by the interested parties or by judgment that causes execution.
From Suspension of Prescription
Article 1165.- The prescription can start and run against anyone, save the following restrictions:
Article 1166.- The prescription cannot begin or run against the disabled, but when their guardianship has been discerned according to the laws. The disabled shall have the right to demand responsibility from their guardians when the prescription is not interrupted by reason of their failure.
Article 1167.- The prescription cannot start or run:
I. Between ascendants and descendants, during the homeland power, with respect to the goods to which the latter are entitled according to the law;
II. Among the consort;
III. Among the incapacitated and their guardians or curators, while the guardianship lasts;
IV. Between co-owners or co-holders, with respect to the common good.
V. Against those absent from the Federal District who are in public service;
VI. Against the military on active duty in time of war, both outside and within the Federal District.
The Interrupt of Prescription
Article 1168.- The prescription is interrupted:
I. If the holder is deprived of the possession of the thing or the enjoyment of the right for more than one year;
II. On demand or other gender of judicial interpellation notified to the holder or debtor where appropriate;
The limitation period shall be considered as not interrupted by the judicial interpellation, if the actor has failed, or his claim is dismissed;
III. Because the person in whose favor the prescription is provided recognizes expressly, in writing, or tacitly for undoubted facts, the right of the person against whom he prescribes.
The new term of the prescription will begin to be counted, in case of recognition of the obligations, from the day it is made; if the document is renewed, from the date of the new title and if the deadline for compliance with the obligation has been extended, since the obligation has expired.
Article 1169.- The causes that interrupt the prescription in respect of one of the solidary debtors, interrupt it also with respect to the others.
Article 1170.- If the creditor, consenting to the division of the debt in respect of one of the debtors in solidarity, only requires the party to which it corresponds, it shall not be for interrupted the prescription for the others.
Article 1171.- The provisions of the two preceding articles are applicable to the debtor's heirs.
Article 1172.- The interruption of the prescription against the principal debtor produces the same effects against your guarantor.
Article 1173.- For the prescription of an obligation to be interrupted for all non-supportive debtors, recognition or citation of all is required.
Article 1174.- The interruption of the prescription in favor of one of the solidary creditors, takes advantage of all.
Article 1175.- The effect of the interruption is to disable, for the prescription, all the time before it.
From the Count of Time for Prescription
Article 1176.- The time for the prescription is counted for years and not for the moment, except in cases where the law expressly determines it.
Article 1177.- The months will be regulated with the number of days that correspond to them.
Article 1178.- When the prescription is counted for days, these twenty-four natural hours will be understood, counted from twenty-four to twenty-four.
Article 1179.- The day the prescription begins is always counted, even if it is not; but when the prescription ends, it must be complete.
Article 1180.- When the last day is a holiday, the prescription is not completed, but the first one follows, if it is useful.
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Item 1247.- (Repeals).
Item 1248.- (Repeals).
Article 1249.- (Repeals).
Article 1250.- (Repeals).
Article 1251.- (Repeals).
Article 1252.- (Repeals).
Article 1253.- (Repeals).
Item 1254.- (Repeals).
Article 1255.- (Repeals).
Article 1256.- (Repeals).
Item 1257.- (Repeals).
Item 1258.- (Repeals).
Item 1259.- (Repeals).
Article 1260.- (Repeals).
Article 1261.- (Repeals).
Article 1262.- (Repeals).
Article 1263.- (Repeals).
Item 1264.- (Repeals).
Article 1265.- (Repeals).
Item 1266.- (Repeals).
Article 1267.- (Repeals).
Item 1268.- (Repeals).
Item 1269.- (Repeals).
Item 1270.- (Repeals).
Item 1271.- (Repeals).
Item 1272.- (Repeals).
Item 1273.- (Repeals).
Article 1274.- (Repeals).
Article 1275.- (Repeals).
Article 1276.- (Repeals).
Item 1277.- (Repeals).
Item 1278.- (Repeals).
Item 1279.- (Repeals).
Item 1280.- (Repeals).
Article 1281.- Inheritance is the succession in all the assets of the deceased and in all their rights and obligations that are not extinguished by death.
Article 1282.- The inheritance is defended by the will of the testator or by law. The first is called testamentary, and the second legitimate.
Article 1283.- The testator can have all or part of his assets. The part of the non-availability shall be governed by the provisions of the legitimate succession.
Article 1284.- The heir acquires a universal title and responds to the burdens of inheritance to the extent of the amount of the goods he inherits.
Article 1285.- The licensee acquires a particular title and has no more charges than those expressly imposed on him by the testator, without prejudice to his subsidiary responsibility. with the heirs.
Article 1286.- When the entire inheritance is distributed in legacies, the legacies will be considered as heirs.
Article 1287.- If the author of the estate and its heirs or legacies perish in the same disaster or on the same day, without any knowledge of who can be found died before, all of them will be killed at the same time, and there will be no place among them for the transmission of inheritance or legacy.
Article 1288.- At the death of the author of the succession the heirs acquire the right to the hereditary mass as a common heritage, while the division is not made.
Article 1289.- Each heir may have the right he has in the hereditary mass; but he cannot dispose of the things that form the succession.
Article 1290.- The legator acquires the right to the pure and simple legacy as well as to the true day, from the moment of the death of the testator.
Article 1291.- The heir or legator cannot alienate his part in the inheritance but after the death of the one he inherits.
Article 1292.- The heir to the property that wants to sell to a stranger his or her hereditary right, must notify his coherers by notary, judicially or by means of two witnesses, the bases or conditions on which the sale has been concluded, so that those, within the eight-day term, make use of the law of the same; if the heirs make use of that right, the seller is obliged to consume the sale in their favor, according to the concerted bases. For the only lapse of the eight days the right of the same is lost. If the sale is omitted the notification prescribed in this article, it will be null.
Article 1293.- If two or more coherers want to make use of the law of the same, they will be preferred to the one that represents the largest portion in the inheritance, and if the portions are equal, the luck will decide who makes use of the right.
Article 1294.- The right granted in Article 1292 ceases if the disposal is made to a confreer.
Of The Succession by Testament
Of Testaments in General
Article 1295.- Testament is a personal, revocable and free act whereby a capable person has his or her assets and rights, and declares or fulfils duties for after his death.
Article 1296.- Two or more persons may not be in the same act, already for mutual benefit, already in favor of a third party.
Article 1297.- Neither the subsistence of the appointment of the heir or the legatees, nor the designation of the amounts that correspond to them, may be left to the arbitration of a third.
Article 1298.- When the testator leaves certain classes formed by unlimited number of individuals, such as the poor, the orphans, as heirs or legatees, (a) the distribution of the quantities left for that purpose and the choice of the persons to whom it is to be applied may be entrusted to a third party by the provisions of Article 1330.
Article 1299.- The testator may instruct a third party to make the choice of the acts of beneficence or of the public or private establishments to which they must apply the goods which it has left with that object, as well as the distribution of the quantities which correspond to each of them.
Article 1300.- The provision made in vague terms in favor of the relatives of the testator, shall be understood to refer to the closest relatives, according to the order of the legitimate succession.
Article 1301.- The provisions made in a universal or particular title have no effect when they are merged into an express cause, which is wrong, if it has been the only which determined the will of the testator.
Article 1302.- Any testamentary disposition shall be understood in the literal sense of the words, unless it appears with manifest clarity that the will of the testator.
In case of doubt about the intelligence or interpretation of a testamentary disposition, it will be observed what appears more according to the intent of the testator, according to the tenor of the will and the auxiliary test which in this respect can be surrendered by the interested parties.
Article 1303.- If a will is lost to an event ignored by the testator, or because it has been hidden by another person, it will be possible for the interested parties to demand compliance if they are fully demonstrate the fact of the loss or the concealment, they also manage to check the contents in the same will and that in their bestowal all the legal formalities were filled.
Article 1304.- The expression of a law-contrary cause, even if true, will be unwritten.
Capacity to Teste
Article 1305.- All those to whom the law expressly does not expressly prohibit the exercise of that right may be referred to.
Item 1306.- They are disabled to be tested:
I. Children who have not been sixteen years of age, either male or female;
II. Those who habitually or accidentally do not enjoy their judgment.
Article 1307.- The will done by a demented in a lucidity interval is valid, provided that the following prescriptions are observed.
Article 1308.- Whenever a demented person intends to make a will in an interval of lucidity, the guardian and in default of this, the family of that, will present in writing a request to the appropriate Judge. The Judge will appoint two doctors, preferably specialists in the field, to examine the patient and to give an opinion on his mental state. The Judge has an obligation to attend the examination of the patient, and may ask him how many questions he deems appropriate, in order to ascertain his ability to be tested.
Article 1309.- The result of the recognition will be entered in formal minutes.
Article 1310.- If this is favorable, then the formation of a testament to Notary Público will be carried out, with all the solemnities that are required for the open public wills.
Article 1311.- Sign the minutes, in addition to the Notary and the witnesses, the Judge and the doctors who intervened for the recognition, standing at the foot of the will, reason expresses that during the whole act the patient kept perfect lucidity of judgment, and without this requirement and his constancy, will be void the will.
Article 1312.- To judge the testator's ability, it will be especially attended to the state in which the will is made.
From Capacity to Inherit
Article 1313.- All the inhabitants of the Federal District of any age who are, have the capacity to inherit, and cannot be deprived of it in an absolute way; but with relationship to certain persons and certain goods, may be lost to any of the following:
I. Missing personality;
III. Presumption of influence contrary to the freedom of the testator, or to the truth or integrity of the will;
IV. Lack of international reciprocity;
V. Public Utility;
VI. Renunciation or removal of any charge conferred on the will.
Article 1314.- They are unable to acquire by will or by intestate, due to a lack of personality, those not conceived at the time of the death of the author of the inheritance, or those designed where they are not viable, in accordance with the provisions of Article 337.
Article 1315.- It will, however, validate the provision made in favor of children who are born of certain and certain persons during the life of the testator.
Item 1316.- They are unable to inherit by will or by intestate:
I. The person who has been convicted of having given, sent or attempted to kill the person whose succession is concerned, or to the parents, children, spouse or siblings of the person;
II. He who has done against the author of the succession, his ascendants, descendants, brothers or spouse, an accusation of a crime that deserves capital punishment or imprisonment, even if that is founded, if it is his descendant, his ascendant, his spouse or his brother, unless that act has been necessary for the accuser to save his life, his honor, or that of his descendants, ascendants, brothers, or spouse;
III. The spouse who through judgment has been declared an adulterer, if it is a matter of succeeding the innocent spouse;
IV. The co-author of the adulterous spouse, whether it is the succession of this or that of the innocent spouse;
V. He who has been convicted of a crime that deserves imprisonment, committed against the author of the inheritance, his children, his spouse, his ancestors or his brothers;
VI. The parent and parent of the child exposed by them;
VII. The ascendants who will abandon, prostitute or corrupt their descendants, in respect of the offended;
VIII. The other relatives of the author of the inheritance who, having an obligation to give him food, would not have fulfilled it;
IX. The relatives of the author of the inheritance who, finding it impossible to work and without resources, do not take care of collecting it, or of doing it in charity establishments;
X. The one I will use of violence, doling or fraud with a person to do, stop making or revoke his will;
XI. The person who, in accordance with the Penal Code, is guilty of suppression, substitution or supposition of an infant, provided that it is the inheritance which must have been the responsibility of the latter or the persons to whom he or she has been harmed or attempted to harm them acts.
XII.- The one who has been convicted of a crime committed against the author of the inheritance.
Article 1317.- The provisions of section II of the previous article shall also apply, even if the author of the inheritance is not a descendant, ascending, spouse or brother of the accuser, if the charge is declared slanderous.
Article 1318.- When the aggrieved party of any of the modes that Article 1316 expresses, I will forgive the offender, will regain this right to succeed the offended, by intestate, if the pardon consists of authentic declaration or indubitable facts.
Article 1319.- The ability to succeed by will, only reworks if after known the tort, the offended institute heir to the offender or revalidates his institution previous with the same solemnities that are required to be terest.
Article 1320.- In cases of intestate, the descendants of the incapable of inheriting according to Article 1316, shall inherit the author of the succession, not being excluded by the lack of his father; but he cannot, in any case, have in the assets of the succession, the usufruct, nor the administration that the law agrees with the parents on the goods of their children.
Article 1321.- By presumption of influence contrary to the freedom of the author of the inheritance, they are unable to acquire by will of the minor, the guardians and curators, unless they are instituted before being appointed to the post or after the oldest age of the post, the guardianship accounts have already been approved.
Article 1322.- The incapacity referred to in the previous article does not include the ancestors or siblings of the child, with the provisions of the X fraction being observed. of Article 1316.
Article 1323.- By presumption contrary to the freedom of the testator, they are unable to inherit by will, the physician who has attended that during his last illness, if then made his testamentary disposition; as well as the spouse, ascendants, descendants and brothers of the optional, unless the heirs instituted are also legitimate heirs.
Article 1324.- By presumption of an influx contrary to the truth and integrity of the will, they are unable to inherit, the notary and the witnesses who intervened in it, and their spouses, descendants, ancestors or siblings.
Article 1325.- The ministers of the cults cannot be heirs to the will of the ministers of the same cult or of a particular to whom they have no kinship within the fourth grade. The same incapacity has the ascendants, descendants, spouses and brothers of the ministers, in respect of the persons to whom they have lent any kind of spiritual aid, during the illness that they have passed away or who have been spiritual directors the same ministers.
Article 1326.- The notary who knowingly authorizes a will in which the provisions of the previous three articles are contravened, will suffer the penalty of deprivation of office.
Article 1327.- Foreigners and moral persons are able to acquire goods by will or by intestate but their capacity has the limitations set forth in the Political Constitution of the United Mexican States and in the respective laws of the constitutional articles. For foreigners, the provisions of the following Article shall also be observed.
Article 1328.- For lack of international reciprocity, they are unable to inherit by will or by intestate, the inhabitants of the Federal District, the foreigners who, according to the laws of your country, cannot be tested or left for your goods in favor of Mexicans.
Article 1329.- The inheritance or legacy that is left to a public establishment, imposing some lien or under some condition, will only be valid if the government is approves.
Article 1330.- The testamentary dispositions made in favor of the poor in general or the soul shall be governed by the provisions of the articles of 75 to 87 of the Law of Private Charity. Those made in favor of churches, sects or religious institutions shall be subject to the provisions of Articles 27 of the Federal Constitution and 88 of the aforementioned Law of Beneficence.
Article 1331.- By resignation or removal of a charge, they are unable to inherit by will, those who, appointed in the guardians, curators or executors, have refused, without fair cause, charge, or misconduct have been judicially separated from your exercise.
Article 1332.- The provisions of the first part of the previous article do not include those who, dismissed by the judge, have served the charge.
Article 1333.- Persons called by law to perform legitimate guardianship and to refuse without legitimate cause to perform, have no right to inherit the incapable. of who should be tutors.
Article 1334.- For the heir to be able to happen, it is sufficient that he be able to the time of death of the author of the inheritance.
Article 1335.- If the institution is conditional, it will also be necessary for the heir to be able to meet the condition.
Article 1336.- The heir by will, who dies before the testator or before the condition is met; the unable to inherit and the one who renounces the succession they transmit no rights to their heirs.
Article 1337.- In the cases of the previous article, the inheritance belongs to the legitimate heirs of the testator, unless the latter has provided otherwise.
Article 1338.- The one that inherits instead of the excluded will have the same burdens and conditions that had been legally placed on that.
Article 1339.- Hereditary debtors who are sued and who do not have the character of heirs shall not be able to oppose, to which they are in possession of the right of heir or legary, the inability exception.
Article 1340.- Except for cases falling within the X and XI fractions of Article 1316, the inability to inherit as referred to in this article, also deprives the food items that correspond to the law.
Article 1341.- The incapacity does not produce the effect of depriving the incapable of what it is to perceive, but after being declared in judgment, at the request of any interested party, May be promoted by the court of officio.
Article 1342.- No action can be deducted to declare the incapacity, past three years since the incapable is in possession of the inheritance or legacy; except in the case of Disabilities established in the public interest, which can be enforced at all times.
Article 1343.- If the person who entered the estate and loses it after the incapacity, has alienated or taxed all or part of the assets before being placed in the judgment in which his incapacity is discussed, and the one with whom he has hired good faith, the contract shall remain; but the heir incapable shall be obliged to compensate the legitimate, for all damages.
Of Conditions That Can Be Put Into Testaments
Article 1344.- The testator is free to set conditions when disposing of his goods.
Article 1345.- The conditions imposed on heirs and legatees, as far as this Chapter is not prevented, shall be governed by the rules laid down for obligations conditional.
Article 1346.- The failure to comply with any conditions imposed on the heir or the legator will not harm these as long as they have used all necessary means. to comply with that.
Article 1347.- The physical or legally impossible condition of giving or making, imposed on the heir or legator, overrides his institution.
Article 1348.- If the condition that was impossible at the time of granting the will, I will cease to be the testator's death, it will be valid.
Article 1349.- The institution made under the condition that the heir or legator make in his will any provision in favor of the testator or other person is null.
Article 1350.- The condition that only suspends for a certain time the execution of the will, shall not prevent the heir or the legate from acquiring the right to the inheritance or legacy and pass it on to their heirs.
Article 1351.- When the testator has not indicated a deadline for compliance with the condition, the legacy will remain in the power of the executor, and when the partition becomes competently ensure the right of the legator for the condition to be met, and the provisions established to make the partition when one of the heirs is conditional is also observed.
Article 1352.- If the condition is purely potestative to give or do something, and the one that has been taxed with it offers to fulfill it, but that one to which it was established refuses to accept the thing or the fact, the condition is met.
Article 1353.- The potestative condition will be fulfilled even if the heir or legator has lent the thing or the fact before the will is granted, unless be able to reiterate the benefit, in which case it shall not be compulsory but when the testator has become aware of the first.
Article 1354.- In the final case of the preceding article, it is for the legacy to be paid for proof that the testator was aware of the first benefit.
Article 1355.- The condition of not giving or not doing, will be unput.
The condition of not challenging the will or any of the provisions contained in it, on the penalty of losing the character of the heir or legatary, will be unchallenged.
Article 1356.- When the condition is casual or mixed, it is sufficient that the test be performed at any time, alive or dead, if the testator has not disposed otherwise.
Article 1357.- If the condition has been met when the will be done by ignoring the testator, it will be accomplished; more if you know, it will only be accomplished if no longer can exist or be met again.
Article 1358.- The condition imposed on the heir or legator, to take or to stop taking state, will be unput.
Article 1359.- You may, however, be left to use or room, a periodic alimony or usufruct that is equivalent to that pension, for the time that remain single or widower. The alimony shall be fixed in accordance with the provisions of Article 311.
Article 1360.- The condition that the person to whom was imposed has been fulfilled, is rolled back to the time of the death of the testator, and since then the fruits of the inheritance or legacy, unless the testator has expressly provided otherwise.
Article 1361.- The burden of doing something is considered as a resolvable condition.
Article 1362.- If no time has been specified for the compliance of the load, nor is it by its nature, the provisions of Article 1351 shall be observed.
Article 1363.- If the legacy is of periodic benefit, which must be concluded on a day that is unsafe if the day arrives or not, the legator will have made all of the benefits that correspond to that day.
Article 1364.- If the day on which the legacy is to begin is certain, whether it is known or not when it is to arrive, the one to deliver the legacy, it will have, with respect to it, the rights and obligations of the user.
Article 1365.- In the case of the previous article, if the legacy consists of periodic delivery, the one that must pay it makes its all corresponding to the intermediate, and meets with to do the benefit by starting the day.
Article 1366.- When the legacy must be concluded on a day that is certain to arrive, the thing or amount bequeathed to the legator, who will be considered as usufrutuario de ella.
Article 1367.- If the legacy consists of periodic delivery, the legator will take all of the amounts due to the appointed day.
Of the Goods that You can Dispose by Testament and Inofficious Testaments
Article 1368.- The testator must leave food to the people who are mentioned in the following fractions:
I. To descendants under 18 years of age who are legally required to provide food at the time of death;
II. To descendants who are unable to work, whatever their age; when there is an obligation referred to in the previous fraction;
III. The surviving spouse when he is prevented from working and does not have sufficient assets. Except for another express provision of the testator, this right shall remain as long as it does not marry and live honestly;
IV. To the ascendants;
V. To the person with whom the testator lived as if he were his spouse during the 5 years immediately preceding his death or with whom he had children, provided that both have remained free from the marriage during the concubinage and that the survivor is prevented from working and does not have enough goods. This right will only remain as long as the person concerned does not contract and observe good conduct. If you were several people with whom the testator lived as if they were their spouse, none of them would be entitled to food;
VI. To siblings and other collateral relatives within the fourth grade, if they are incapacitated or while they do not turn eighteen, if they do not have goods to meet their needs.
Article 1369.- There is no obligation to give food, but in the absence or impossibility of the next of kin in grade.
Article 1370.- There is no obligation to give food to people who have goods; but if they have them, their product does not equal the pension that should correspond to them, the obligation will be reduced to what is missing to complete it.
Article 1371.- To have the right to be fed you need to find yourself at the time of the death of the testator in any of the cases set out in Article 1368, and cease that As soon as the person concerned ceases to be in the conditions referred to in the same article, he observes misconduct or acquires property, in this case applying the provisions of the previous article.
Article 1372.- The right to receive food is not waived and cannot be the subject of a transaction. The alimony shall be fixed and secured in accordance with the provisions of Articles 308, 314, 316 and 317 of this Code, and for no reason shall exceed the products of the portion which, in the case of the internecked succession, shall be entitled to that pension, nor shall it be reduced by half of those products. If the testator has fixed the alimony, his or her designation shall be subservied, whichever is the same, provided that he does not come down from the minimum prescribed. With the exception of the articles cited in this Chapter, they are not applicable to foods due to succession, the provisions of Chapter II, Title VI of the First Book.
Article 1373.- When the hereditary flow is not sufficient to give food to all the persons listed in Article 1368, the following rules shall be observed:
I. They will be ministered to the descendants and the surviving spouse pro-rata;
II. Covers the pensions referred to in the previous fraction, shall be given in proportion to the ascendants;
III. Then they will also be ministered to the brothers and to the concubine;
IV. Finally, they will also be ministered to pro rata, to the other collateral relatives within the fourth grade.
Article 1374.- It is nonofficious the will in which the alimony is not left, as set forth in this Chapter.
Article 1375.- The preferred one will have only the right to be given the corresponding pension, subsisting the will in all that does not prejudice that right.
Article 1376.- The alimony is the burden of the hereditary mass, except when the testator has taxed some of the participants in the succession.
Article 1377.- Notwithstanding the provisions of Article 1375, the posthumous child shall be entitled to receive a full portion of the portion that would be the legitimate heir if not there is a will, unless the testator expressly provides otherwise.
From the Heir Institution
Article 1378.- The will legally granted will be valid, even if it does not contain an heir institution and even if the appointee does not accept the inheritance or is unable to inherit.
Article 1379.- In the three cases referred to in the previous article, the other testamentary provisions that were made in accordance with the laws shall be complied with.
Article 1380.- By way of derogation from Article 1344, the designation of the day on which the institution of the heir is to begin or cease shall be unput.
Article 1381.- The heirs instituted without designation of the party that each corresponds to, will inherit equally.
Article 1382.- The heir instituted in a certain and determined thing must be held by a legator.
Article 1383.- Although the testator names some individual heirs and others collectively, as if to say: " I have instituted for my heirs Peter and Paul and the children of Francis, the collectively appointed will be considered as if they were individually, unless it is known in a clear way that the will of the testator has been another.
Article 1384.- If the testator institutes his or her siblings, and has them only as a parent, only as a mother, and father and mother, the inheritance will be divided as in the case of intestate.
Article 1385.- If the testator calls the succession to a certain person and their children, all of them will be understood simultaneously and not successively.
Article 1386.- The heir must be instituted by designating it by name and last name, and if there are several who have the same name and last name, other names must be added and circumstances that distinguish the one you want to name.
Article 1387.- Although the name of the heir has been omitted, if the testator will designate him otherwise than he may be, the institution will be valid.
Article 1388.- The error in the name, surname, or qualities of the heir, does not mean the institution, otherwise it will certainly be known which person is named.
Article 1389.- If, among several individuals of the same name and circumstances, it is not possible to know who the testator wanted to designate, none will be heir.
Article 1390.- Any provision in favor of an uncertain person or anything that cannot be identified shall be null, unless by any event they may prove to be true.
Article 1391.- When there are no special provisions, the legatees will be governed by the same rules as the heirs.
Article 1392.- The legacy may consist of the delivery of the thing or of some fact or service.
Article 1393.- Does not produce the legacy if by act of the testator loses the thing bequeathed the form and denomination that determined it.
Article 1394.- The testator can tax legacies not only to heirs, but to the same legacies.
Article 1395.- The legacy must be delivered with all its accessories and in the state in which the testator is killed.
Article 1396.- The expenses necessary for the delivery of the legacy thing, shall be borne by the licensee, unless the testator is disposed to the contrary.
Article 1397.- The legator cannot accept one part of the legacy and repudiate another.
Article 1398.- If the legator dies before accepting a legacy and leaves several heirs, one of these can accept and another repudiate the part that corresponds to the legacy.
Article 1399.- If two legacies are left and one is onerous, the legator will not be able to resign and accept the one that is not. If the two are onerous or free, it's free to accept them all or repudiate the one you want.
Article 1400.- The heir who is at the same time as a legator, can give up inheritance and accept the legacy, or resign and accept that legacy.
Article 1401.- The creditor whose credit is no more than a will, shall be for legal purposes as a preferred legier.
Article 1402.- When you leave a thing with everything you understand, you will not understand the legacies of the supporting documents of ownership, nor the active credits, unless you know have specifically mentioned.
Article 1403.- The legacy of the menage of a house only comprises the movable property referred to in Article 761.
Article 1404.- If the lega a property adds to it after new acquisitions, they will not be understood in the legacy, even if they are contiguous, if there is no new declaration of the testator.
Article 1405.- The declaration referred to in the preceding article is not required, in respect of the necessary, useful or voluntary improvements made in the same predium.
Article 1406.- The legator may require the heir to grant bail in all cases where the creditor may be required to do so.
Article 1407.- If only there are legal persons, they may be required to enter into the necessary mortgage.
Article 1408.- Cannot be the legateer to occupy by his own authority the legacy, and must ask for his surrender and possession to the executor or the special executor.
Article 1409.- If the legacy is held by the legator, it may be retained, without prejudice to the return in the event of a reduction that corresponds in accordance with the law.
Article 1410.- The amount of the contributions corresponding to the legacy will be deducted from the value of the legacy unless the testator has anything else.
Article 1411.- If the entire inheritance is distributed in legacies, the debts and levies of it shall be prorated among all unit-holders, in proportion of their shares, unless the testator has disposed otherwise.
Article 1412.- The legacy is left without effect if the legacy is lost by the testator, if it is lost by eviction, outside the case provided for in Article 1459, or if it perishes after the death of the testator, without the fault of the heir.
Article 1413.- There is also no effect on the legacy, if the testator alien the legacy thing; but it is worth it if he reworks for a legal title.
Article 1414.- If inheritance assets do not reach to cover all legacies, the payment will be made in the following order:
I. Remuneration legacies;
II. Legacies that the testator or the Law has declared preferred;
III. Legacies of certain and certain things;
IV. Legacies of food or education:
V. The others pro rata.
Article 1415.- Legatees have the right to claim the third party, whether movable or root, with such that it is true and determined, observing the provisions of acts and contracts to be concluded by those in the Public Registry with the right to do so, with third parties in good faith to register them.
Article 1416.- The legator of a good that perishes on fire after the death of the testator, has the right to receive the insurance indemnity, if the thing was insured.
Article 1417.- If the will is declared null after the legacy is paid, the action of the true heir to recover the legacy proceeds against the legatee and not against the other heir, unless the heir has done so with the partition.
Article 1418.- If the heir or legator will give up the succession, the charge imposed on them will be paid only with the amount to which he is entitled to resign.
Article 1419.- If the load consists of the execution of a fact, the heir or legator who accepts the succession is obliged to lend it.
Article 1420.- If the legator to whom a lien was imposed does not receive the entire legacy, the load will be reduced proportionally and if he suffers eviction, he will be able to repeat what he has paid.
Article 1421.- In alternative legacies the choice corresponds to the heir, if the testator does not expressly grant it to the legator.
Article 1422.- If the heir has the choice, he can deliver the least-valued thing; if the election corresponds to the legator, he can demand the most valuable thing.
Article 1423.- In alternative legacies, the provisions for alternative obligations will also be observed.
Article 1424.- In all cases where the person who has the right to make the choice is not able to do so, they shall be made by their legitimate representative or their heirs.
Article 1425.- The judge, at the request of a legitimate party, shall make the choice, if in the term I pointed out to him, the person who has the right to do so shall not do so.
Article 1426.- The choice made legally is irrevocable.
Article 1427.- Is the legacy that the testator makes of individually determined own thing, that at the time of his death is not found in his inheritance.
Article 1428.- If the thing mentioned in the preceding article exists in the inheritance, but not in the designated quantity and number, it will have the legator whatever.
Article 1429.- When the legacy is of specific and determined thing, of the testator, the legator acquires his property since the one dies and makes his fruits his own. pending and future, unless the testator has disposed otherwise.
Article 1430.- The thing bequeathed in the case of the previous article, will run from the same instant at the risk of the legator; and as to its loss, increase or subsequent deterioration, The provisions of the obligations to give, in the event that it is lost, deteriorate or increase the certain thing to be delivered, shall be observed.
Article 1431.- When the testator, heir, or the legator has only a certain part or right in the legacy, the legacy to that part or right shall be restricted, if the testator does not declare in an express way that he knew to be the thing partially from another, and that however this, he would read it entirely.
Article 1432.- The legacy of an alien thing, if the testator knew it was, is valid and the heir is obliged to acquire it in order to give it to the legator or to give his price.
Article 1433.- The proof that the testator knew the thing was alien, corresponds to the legator.
Article 1434.- If the tester ignored that the legacy was alien, the legacy is null.
Article 1435.- The legacy is valid if the testator, after the will, acquires the thing that it was not his.
Article 1436.- The legacy of a thing that is granted the will belongs to the same legator is null.
Article 1437.- If in the legacy thing the testator or a third party has some part, knowing it, in whatever it corresponds to, is worth the legacy.
Article 1438.- If the licensee acquires the legacy after the will is granted, his or her price is understood.
Article 1439.- The legacy made to a third party of the heir or a legator is valid, who, if they accept the succession, must deliver the legacy or their price.
Article 1440.- If the testator ignored that the thing was his or her own, the legacy will be null.
Article 1441.- The legacy that consists of the return of the item received in garment, or in the title of a mortgage, only extinguishes the right of garment or mortgage, but not the debt, unless it is expressly prevented.
Article 1442.- The provisions of the preceding article will also be observed in the legacy of a bond, either made to the guarantor, or to the principal debtor.
Article 1443.- If the legacy thing is given in garment or mortgaged, or is after the will, the performance or redemption shall be in charge of the inheritance, not be that the testator has expressly provided otherwise.
If you do not pay the obligation under the previous paragraph, you will do so in the place and rights of the creditor to claim against him.
Any other burden, perpetual or temporary, to which the legacy is affected, passes with it to the legate; but in both cases the income and the revenues accrued until the death of the testator are inheritance load.
Article 1444.- The legacy of a debt made to the same debtor extinguishes the obligation, and the one who must fulfill the legacy is bound, not only to give the debtor the constancy of the payment, but also to perform the garments, to cancel the mortgages and the sureties and to release the legatary of all responsibility.
Article 1445.- Legate the title, whether public or private, of a debt, it is understood to be legal, as provided for in Articles 1441 and 1442.
Article 1446.- The legacy made to the creditor does not compensate for the credit, unless the testator expressly declares it.
Article 1447.- In case of compensation, if the securities are different, the creditor shall have the right to charge excess credit or that of the legacy.
Article 1448.- By means of a legacy the debtor can improve the condition of his creditor, making pure the conditional, mortgage, simple, or enforceable credit of the it is time-to-term, but this improvement shall not adversely affect the privileges of other creditors.
Article 1449.- The legacy made to a third party, of a credit in favor of the testator, only produces effect on the part of the credit that is insolute at the time of opening the succession.
Article 1450.- In the case of the previous article, the person who must comply with the legacy will give the legator the title of the credit and give it all the actions that under the correspond to the testator.
Article 1451.- Meeting the provisions of the preceding article, the one that must pay the legacy is entirely free from the obligation of sanitation and any other liability, whether it comes from the same title, already from the insolvency of the debtor or its guarantor, from another cause.
Article 1452.- The legacies of articles 1444 and 1449, comprise the interests that are due to the death of the testator by credit or debt.
Article 1453.- Such legacies will subsist even if the testator has sued the debtor, if the payment has not been made.
Article 1454.- The generic legacy of debt relief or forgiveness comprises only those existing at the time of granting the will and not subsequent ones.
Article 1455.- The legacy of indeterminate piece of furniture; but understood in a given genre, it will be valid, even if in the inheritance there is no thing of the genre to legacy.
Article 1456.- In the case of the previous article, the choice is one that must be paid for the legacy, who, if things exist, meets to deliver a medium quality, being able, if not, buy one of the same quality or pay the legator the corresponding price, prior agreement, or judgment of experts.
Article 1457.- If the testator expressly grants the choice to the legator, the latter may, if there are several things of the particular genus, choose the best one, but if not only may require a medium quality or the appropriate price.
Article 1458.- If the indeterminate thing is immovable, only the legacy existing in the various inheritance of the same genus will be valid; for the election the rules will be observed set out in Articles 1456 and 1457.
Article 1459.- The obligation to deliver the legacy will respond in case of eviction, if the thing is undetermined and is only reported by gender or species.
Article 1460.- In the legacy, of kind, the heir must deliver the same thing bequeathed; in case of loss will be observed the provisions for the obligations of giving determined.
Article 1461.- The legacies in money must be paid in that species; and if not in the inheritance, with the product of the goods that are sold to the effect.
Article 1462.- The legacy of the item or amount deposited instead of the designated place, only subsist on the part that you are in.
Article 1463.- The legacy of hard food as long as the legator lives, unless the testator has disposed to last less.
Article 1464.- If the tester does not point out the amount of food, the provisions of Chapter II, Title VI of the Book First, will be observed.
Article 1465.- If the testator used to give the legator a certain amount of money by way of food, the same amount will be understood, if not notable disproportion to the amount of inheritance.
Article 1466.- The legacy of education lasts until the legatee comes out of the least age.
Article 1467.- Cesa also the legacy of education, if the legatary, during the least age, obtains profession or trade with which to subsist, or if he contracts marriage.
Article 1468.- The pension legacy, whatever the amount, the object and the deadlines, runs from the death of the testator; it is payable at the beginning of each period, and the You have the right to charge, even if you die before the beginning of the period.
Article 1469.- The legacies of usufruct, use, room, or easement, shall remain as long as the legator is alive, unless the testator dispels it to last less.
Article 1470.- Only the legacies of the previous article, if left to any corporation that has the capacity to acquire them, last for twenty years.
Article 1471.- If the legacy is subject to usufruct, use or room, the legator must lend them until they are legally extinged, without the heir having obligation of no class.
Article 1472.- The testator may replace one or more persons to the heir or heirs instituted, in the event that they die before him, or that they may not or may not want to accept the inheritance.
Article 1473.- There are prohibited the replacement of the Aryan and any other different from that contained in the previous article, regardless of the way in which the magazine.
Article 1474.- Substitute can be named either together or successively.
Article 1475.- The substitute for the substitute, missing this one, is the replaced heir.
Article 1476.- The substitutes will receive the inheritance with the same liens and conditions as the heirs should receive; unless the testator has expressly otherwise, or that the charges or conditions are merely personal to the heir.
Article 1477.- If the heirs instituted in unequal parts are reciprocally substituted, in the substitution they will have the same parts as in the institution; that clearly appears to have been another will of the testator.
Article 1478.- The nullity of the replacement would not matter that of the institution, nor that of the legacy, only by not having written the clause of the article.
Article 1479.- No repudiation of the provision in which the testator leaves the property of the whole or part of his assets to one person and the usufruct to another; unless the owner or the user is obliged to transfer the property or the usufruct to a third party at his death.
Article 1480.- The parent may leave a part or all of his assets to his or her child, with the burden of transferring them to the son or children that he has until the death of the testator, taking into account the provisions of Article 1314, in which case the heir shall be considered as a user.
Article 1481.- The provision authorizing the previous article shall be null when the transmission of the goods must be made to descendants of subsequent degrees.
Article 1482.- They are considered to be either a non-member, and consequently prohibited, the provisions containing prohibitions of alienation, or who call a third party to what is left of inheritance by the death of the heir, or the order to lend to more than one person successively certain income or pension.
Article 1483.- The obligation imposed on the heir to invest certain amounts in charitable works, such as pension for students, for the poor or for any Charity establishment is not included in the prohibition of the previous article.
If the charge is imposed on real estate and is temporary, the heir or heirs will be able to dispose of the estate taxed, without the tax cessation while the registration of this is not canceled.
If the burden is perpetual, the heir can capitalize on it and impose the capital in the interest of first and sufficient mortgage.
Capitalization and taxation of capital will be made by intervening in the relevant authority, and with an audience of stakeholders and the Public Ministry.
Of Nullity, Revocation, and Expiration of Testaments
Article 1484.- The institution of the heir or legator made in secret statements or statements is null.
Article 1485.- It is void of the will that the testator does under the influence of threats against his or her person or his property, or against the person or property of his or her spouse or his or her spouse. relatives.
Article 1486.- The testator who is in the case of the preceding article, may, after the cessation of violence or the enjoyment of complete freedom, revalidate his will. with the same solemnities as if he will grant it again. Otherwise the revalidation will be null.
Article 1487.- The will is null captured by dolo or fraud.
Article 1488.- The judge who has notice that any one is preventing another person from being, will be presented without delay in the second house to ensure the exercise of his right, and (a) to the effect that the person or person who has employed or attempted to employ, and if the person whose freedom to use his or her right is employed, shall state the fact that he or she has motivated his presence, the person or persons who cause the violence and the means to which they have been employed.
Article 1489.- It is void of the will in which the testator does not express his will and clearly his will, but only for signs or monosyllables in answer to the questions that he do.
Article 1490.- The testator cannot prohibit the will from being challenged in cases where the will must be null according to the law.
Article 1491.- The will is null when it is granted in contravention to the forms prescribed by law.
Article 1492.- They are null and void the renunciation of the right to be and the clause in which one is obliged not to use that right, but under certain conditions, be they of the class force.
Article 1493.- The waiver of the ability to revoke the will is null.
Article 1494.- The above will is revoked in full right by the perfect posterior, if the testator does not express in this his will that he will be the subist in all or in part.
Article 1495.- Revocation will produce its effect even if the second will expires because of the inability or resignation of the heir or the newly appointed legatees.
Article 1496.- The above will will recover, however, its strength, if the testator, revoking the later, declares to be his will that the first subist.
Article 1497.- The testamentary provisions lapse and are without effect, as regards heirs and legatees:
I. If the heir or legateer dies before the testator or before the condition that the inheritance or legacy depends;
II. If the heir or legator becomes unable to receive the inheritance or legacy;
III. If you waive your right.
Article 1498.- The testamentary disposition that contains unknown past or present event condition does not expire even if the news of the event is acquired after the death of the heir or legatee, whose rights are passed on to their respective heirs.
From the Form of Testaments
Article 1499.- The will, as to its form, is ordinary or special.
Article 1500.- The ordinary can be:
I. Public Open;
II. Public closed; and
III.- Simplified public; and
Item 1501.- The special may be:
III. Maritime, and
IV. Made in foreign country.
Article 1502.- They cannot be witnesses to the will:
I. The Notary's Amanuenses who authorize it;
II. Children under sixteen years of age;
III. Those who are not in their right mind;
IV. The blind, deaf or mute;
V. Those who do not understand the language spoken by the testator;
VI. The heirs or bequeers; their descendants, ascendants, spouse or siblings. The contest as a witness for one of the persons referred to in this section only results in the nullity of the provision which benefits her or her relatives;
VII. Those who have been convicted of the crime of falsehood.
Article 1503.- When the testator ignores the language of the country, an interpreter named by the same tester will attend the event and sign the will.
Article 1504.- Both the Notary and the witnesses who intervene in any will must know the testator or make sure they are in any way of their identity, and that they are finds in his judgment and free from any coercion.
Article 1505.- If the identity of the testator cannot be verified, this circumstance shall be declared by the Notary or by the witnesses, if any, by adding one or more the signals that characterize the person of that person.
Article 1506.- In the case of the preceding article, the will shall not be valid until the identity of the testator is justified.
Article 1507.- Notaries and any other persons who have to write last-will provisions are prohibited, leaving blank sheets and being used for abbreviations or figures, under the penalty of five hundred pesos fine to notaries and half to those who do not.
Article 1508.- The Notary who has authorized the will, must give notice to the interested parties after they know the death of the testator. If you do not do so, you are responsible for the damages caused by the delay.
Article 1509.- The provisions of the preceding article will also be observed by anyone who has a will in their possession.
Article 1510.- If the stakeholders are absent or unknown, the news will be given to the judge.
Open Public Testament
Article 1511.- Open Public Testament is the one granted before a notary, in accordance with the provisions of this Chapter.
Article 1512.- The testator will express clearly and terminate his will to the notary. The notary shall draw up in writing the provisions of the will, strictly subject to the will of the testator and read them aloud, so that he may be satisfied if he is satisfied. If it is, the writing of the testator, the notary and, where appropriate, the witnesses and the interpreter shall be signed, the place, year, month, day and hour in which it has been granted.
Article 1513.- In the cases provided for in Articles 1514, 1516, and 1517 of this Code, as well as when the testator or notary so requests, two witnesses shall attend the act of granting and signing the will.
The instrumental witnesses referred to in this article may also act as witnesses of knowledge.
Article 1514.- When the testator declares that he does not know or cannot sign the will, one of the witnesses will sign a request from the testator and print his fingerprint.
Item 1515.- (Repeals).
Article 1516.- He who is entirely deaf; but who knows how to read, must read his will; if he does not know or cannot do so, he will designate a person who reads it to his name.
Article 1517.- When the testator is blind or unable or unable to read, the will be read twice: one by the notary, as prescribed in article 1512, and another, in the same way, by one of the witnesses or other person whom the testator designates.
Article 1518.- When the testator ignores the language of the country, if he can, he will write his will, which will be translated into Spanish by the interpreter referred to in article 1503. The translation will be transcribed as a will in the respective protocol and the original, signed by the testator, the interpreter and the notary, will be archived in the corresponding appendix of the notary that intervenes in the act.
If the testator cannot or does not know how to write, the interpreter will write the will that dictates that and read and approved by the testator, will translate into Spanish by the interpreter who must The translation shall be carried out as provided in the preceding paragraph.
If the testator cannot or does not know how to read, he will dictate the will to the interpreter in his language. This will be translated as the first paragraph of this article will be available.
In this case the interpreter may also intervene as a witness of knowledge.
Article 1519.- The formalities expressed in this chapter will be practiced in a single act that will begin with the reading of the will and the notary will attest to have been filled those.
Article 1520.- Falting some of the solemn references, the will will remain without effect, and the Notary will be liable for damages and will incur, in addition, in the penalty of loss of trade.
Public Testaments Closed
Article 1521.- The closed public will, may be written by the testator or by another person to your request, and in common paper.
Article 1522.- The tester must sign all the sheets and sign the will of the will; but if he does not know or cannot do so, he may sign and sign for the other person your request.
Article 1523.- In the case of the preceding article, the person who has signed and signed by the testator, will attend with him at the presentation of the closed contract; in this act, the testator shall declare that the person has signed and signed on his behalf and shall sign on the cover with the witnesses and the Notary.
Article 1524.- The paper in which the will is written or the one that serves as the cover must be closed and sealed, or will close and seal the testator in the act of the grant, and will exhibit it to the Notary in the presence of three witnesses.
Article 1525.- The testator, when making the presentation, will declare that in that statement his last will is contained.
Article 1526.- The Notary shall attest to the grant, with the expression of the formalities required in the preceding articles; this constancy shall be extended on the cover of the will, which will bear the corresponding stamp stamps, and must be signed by the testator, the witnesses and the Notary, who, in addition, will place his stamp.
Article 1527.- If any of the witnesses do not know to sign, another person will be called to do so on their behalf and their presence, so that there are always three signatures.
Article 1528.- If by making the presentation of the will, the testator cannot be signed by another person in his or her name and in his/her presence, none of the witnesses.
Article 1529.- Only in cases of extreme urgency will one of the witnesses be able to sign one of the witnesses, either by the one who does not know how to do so, by the testator. The Notary expressly states this circumstance, under the penalty of suspension of office for three years.
Article 1530.- Those who do not know or cannot read are indefable to make a closed will.
Article 1531.- The deaf-mute will be able to make a closed will with such that it is all written, dated and signed of his own hand, and that in presenting it to the Notary before five witnesses, write in the presence of all on the cover that in that statement is contained its last will, and it is written and signed by him. The Notary shall declare in the record of the cover that the testator wrote it so, and the provisions of Articles 1524, 1526 and 1527 are also observed.
Article 1532.- In the case of the previous article, if the testator cannot sign the cover, the provisions of Articles 1528 and 1529 shall be observed, with the Notary of the the choice that the testator makes of one of the witnesses to sign for him.
Article 1533.- The one who is only mute or only deaf, can make a closed will with such that it is written of his or her fist and letter, or if it has been written by another, so write it testator, and sign the note of his fist and letter, holding onto the other solemn solemnities for this kind of wills.
Article 1534.- The closed will that does not have any of the above formalities, will be without effect, and the Notary will be responsible in the terms of the article 1520.
Article 1535.- Closed and authorized the will, will be delivered to the testator, and the Notary will make reason in the protocol of the place, hour, day, month and year in which the will was authorized and delivered.
Article 1536.- For the violation of the previous article, the will is not cancelled, but the Notary will incur the penalty of suspension for six months.
Article 1537.- The testator may retain the will in his or her power, or give it to the person of his or her trust, or deposit it in the court file.
Article 1538.- The testator who wants to deposit his will in the file, will present with him to the person in charge of this, who will make settle in the book that with that object must be taken, a reason for the deposit or delivery, to be signed by that official and the testator, to whom the authorized copy will be given.
Article 1539.- The filing and deposit of the preceding article may be made by the attorney general, and in this case, the power will be attached to the will.
Article 1540.- The testator can remove, when it appears to him, his will; but the return will be done with the same solemnities as the surrender.
Article 1541.- The power for the delivery and for the extraction of the will, must be granted in public deed, and this circumstance shall be stated in the respective note.
Article 1542.- After the judge receives a closed will, he will make appear to the Notary and the witnesses who attended his award.
Article 1543.- The closed will may not be opened but after the Notary and the instrumental witnesses have recognized before the judge their signatures, and that of the testator. or that of the person who has signed it, and has declared whether in its concept it is closed and sealed as it was in the act of delivery.
Article 1544.- If you cannot appear all witnesses by death, illness or absence, the recognition of the majority and the Notary shall be sufficient.
Article 1545.- If, for the same reasons, the Notary is not able to appear, the majority of the witnesses or any of them, the judge shall record it as such by information, as also the legitimacy of the signatures and that on the date of the will be found those in the place where it was awarded.
Article 1546.- In any case, those who appeared will recognize their signatures.
Article 1547.- Complying the prescribed in the previous five articles, the judge will decree the publication and protocolization of the will.
Article 1548.- The closed will shall be without effect whenever the interior or open sheet forming the cover, or erased, scraped or amended, is broken. signatures that authorize it, even if the content is not vicious.
Article 1549.- Every person who has in his or her possession a closed will and does not present it, as is prevented in Articles 1508 and 1509, or will give it dolously of the property of the finado, shall incur, if he is heir by intestate, loss of the right which he may have, without prejudice to that which corresponds to him under the Penal Code.
CHAPTER III Bis
simplified Public Testament
Article 1549 Bis.- simplified public will be that which is awarded to a notary in respect of a property intended or intended for housing by the acquirer in question. the same deed as the acquisition or in which the regularisation of a property carried out by the authorities of the Federal District or any agency or entity of the Federal Public Administration, or in subsequent act, is entered compliance with the following:
I.- That the price of the property or its value of value does not exceed the equivalent of 25 times the general minimum wage in force in the Federal District raised per year, at the time of the acquisition. In cases of regularisation of buildings which carry out the dependencies and entities referred to in the preceding paragraph, the amount shall not be imported;
II.- The testator shall institute one or more legacies with the right to abide, except for the designation of substitutes. In the event that when the notarial protocolization of the acquisition is carried out in favor of the legatees, they are unable and are not subject to parental authority or guardianship, the testator may also appoint them a representative special to sign the relevant notarial instrument account of the unable;
III.- If there are a plurality of acquirers of the building, each co-owner may institute one or more legalities in respect of its portion. Where the testator is married under the conjugal society, his spouse may institute one or more legatees in the same instrument, for the portion corresponding to him. In the cases referred to in this Article, the provisions of Article 1296 of this Code shall not apply;
IV.- Legatees will receive the legacy with the obligation to give food to the food creditors, if any, in the proportion that the value of the legacy represents in the all the hereditary acquis of the estate of the author of the succession;
V.- Legatees may directly claim the delivery of the property and shall not be applicable to the provisions of Articles 1713, 1770 and other related to this Code; and
VI.- Late the author of the succession, the notarial titration of the acquisition by the legatees, will be done in the terms of article 876-Bis of the Code of Procedures Civilians for the Federal District.
Article 1550.- This is called an olograph testament to the testator's letter and fist.
Olographers will not have an effect if they are not deposited in the General Archive of Notaries in the form provided by Articles 1553 and 1554.
Article 1551.- This will may only be granted by older persons, and in order for it to be valid, it must be fully written by the testator and signed by him, with the expression of the day, month, and year in which it is granted.
Foreigners will be able to grant a will in their own language.
Article 1552.- If you contain words crossed out, amended, or between rows, you will save them under your signature.
The omission of this formality by the testator only affects the validity of the words crossed, amended, or between rows, but not the will itself.
Article 1553.- The testator will duplicate his or her will and print on each copy his fingerprint. The original within a closed and lacquered envelope, shall be deposited in the General Archive of Notaries, and the duplicate also closed in a lacquered envelope and with the note on the cover referred to in article 1555, shall be returned to the testator. It may be placed on envelopes containing the testaments, seals, signs or marks it deems necessary to prevent violations.
Article 1554.- The deposit in the General Archive of Notaries will be made personally by the testator who, if not known to the office manager, must present two witnesses who identify it. In the envelope containing the original will, the testator of his or her fist and letter will put the following note: within this envelope my will is contained. The place and the date on which the deposit is made shall then be expressed. The note will be signed by the testator and the office manager. In the event that identification witnesses are involved, they shall also sign.
Article 1555.- In the closed envelope containing the duplicate of the will of the olograph will be the following constancy extended by the office manager: I received the " It is closed that Mr. ......... affirms the original contains his will of the olograph, of which, according to the affirmation of the same lord, exists within this one on a duplicate. The place and the date on which the constancy is extended shall then be signed, which shall be signed by the office responsible, also by the signature of the testator and the identification witnesses, when they are involved.
Article 1556.- When the testator is unable to personally make the delivery of his will in the Office of the General Archive of Notaries, the person in charge of she must attend the place where she will be, to complete the formalities of the deposit.
Article 1557.- Made the deposit, the keeper of the General Archive of Notaries will take reason of it in the respective book, so that the will can be identified, and keep the original under its direct responsibility until it is delivered to the same testator or the competent judge.
Article 1558.- At any time the testator shall have the right to withdraw from the General Archive of Notaries, personally or by means of a representative with special power granted in public deed, the will deposited, in which case the withdrawal will be recorded in a record to be signed by the person or his agent, and the office manager.
Article 1559.- The Judge before whom a succession trial is promoted will ask for reports from the General Archive of Notaries, about whether any of them have been deposited in his office. The will of the author of the succession, so that in case it is, the will be sent to him.
Article 1560.- The one who holds the duplicate of a will, or anyone who has notice that the author of a succession has deposited any of the will of an olograph will. communicate to the competent court, who will ask the person in charge of the General Archive of Notaries in which the will be found, to refer to it.
Article 1561.- Received the will, the judge will examine the cover that contains it to make sure that it has not been violated, will make the identification witnesses that They will reside in the place, recognize their signatures and that of the testator, and in the presence of the Public Ministry, of those who have presented themselves as interested and of the mentioned witnesses, will open the envelope that contains the will. If it fills the requirements mentioned in Article 1551 and is found to be the same as the testator, the will of the testator will be formally declared.
Article 1562.- Only when the original deposited has been destroyed or stolen, will the duplicate be as formal will, proceeding for its opening as the preceding article.
Article 1563.- The will of the olograph will be without effect when the original or the duplicate, if any, are broken, or the envelope that covers them will be open, or the signatures they will be allowed to appear erased, scraped or amended, even if the content of the will is not vicious.
Article 1564.- The Manager of the General Archive of Notaries will not provide reports about the will of the olograph deposited in his office, but to the same tester, to the competent judges who are officially asked to do so and to the Notaries when the succession is dealt with.
Article 1565.- Private will is allowed in the following cases:
I. When the testator is attacked with such a violent and severe illness that it is not time for Notary to make the will;
II. When there is no Notary in the population, or judge acting by receptor;
III. When, even if there is a Notary or a judge in the population, it is impossible, or at least very difficult, that they contribute to the bestowal of the will;
IV. When the military or assimilated army enters into a campaign or prisoners of war are found.
Article 1566.- So that in the cases listed in the preceding article you can grant a private will, it is necessary for the testator to not be able to make a will. olograph.
Article 1567.- The testator who is in the case of making a private will, will declare in the presence of five suitable witnesses his last will, that one of them will write in writing, if the testator is unable to write.
Article 1568.- It will not be necessary to write the will in writing, when none of the witnesses know how to write and in the cases of extreme urgency.
Article 1569.- In cases of extreme urgency, three suitable witnesses will suffice.
Article 1570.- When the private will be granted, the provisions contained in the articles from 1512 to 1519 shall be observed as appropriate.
Article 1571.- Private will only have its effects if the testator dies of the disease or the danger in which it was, or within a month of missing the disease. cause I authorize it.
Article 1572.- The private will also requires, for its validity, that the declaration referred to in Article 1575 be made, taking into account the statements of the witnesses who signed or heard the will of the testator, if any.
Article 1573.- The declaration referred to in the foregoing article shall be requested by the persons concerned, immediately after they know the death of the testator and the form of his or her disposition.
Article 1574.- Witnesses who attend a private will must testify in circumstances:
I. The place, time, day, month, and year in which the will was awarded;
II. If they recognized, they saw and heard clearly the tester;
III. The tenor of the disposition;
IV. If the testator was in his or her fair trial and free from any coercion;
V. The reason why the private will was awarded;
VI. If they know that the testator passed away from the disease, or in the danger it was in.
Article 1575.- If the witnesses were suitable and were in conformity with each and every one of the circumstances listed in the preceding article, the judge shall declare that their These are the formal will of the person concerned.
Article 1576.- If after the death of the testator dies any of the witnesses, the statement shall be made with the other witnesses, provided that they are not less than three, manifestly, and greater than any exception.
Article 1577.- The provisions of the foregoing article shall also be observed in the case of the absence of any or some of the witnesses, provided that in the absence of the witness not having it.
Article 1578.- The place where the witnesses are located shall be examined by exhort.
Article 1579.- If the military or the equivalent of the Army makes its disposition at the time of entering into action of war, or being wounded on the battlefield, it will suffice that declare his will to two witnesses, or give to them the closed statement containing his final disposition, signed of his own fist and letter.
Article 1580.- The provisions of the previous article shall be observed, where appropriate, in respect of prisoners of war.
Article 1581.- The testaments granted in writing, in accordance with this Chapter, shall be delivered, after the testator dies, by the person in whose power he has been left, to the head of the corporation, who will forward it to the Secretariat of National Defense, and be to the competent judicial authority.
Article 1582.- If the will has been granted in word, the witnesses shall instruct the chief of the corporation, who will give part in the act to the Ministry of war, and be to the competent judicial authority, in order to take account of the provisions of Articles 1571 to 1578.
The Maritime Testament
Article 1583.- Those who are on the high seas, on board ships of the National Navy, whether war or merchant, may be subject to the requirements next.
Article 1584.- The maritime will shall be written in the presence of two witnesses and the Captain of the vessel, and shall be read, dated and signed, as stated in articles 1512 to the 1519; but in any case they must sign the Captain and the two witnesses.
Article 1585.- If the Captain does his will, he will perform his or her times the one to succeed him in command.
Article 1586.- The marine will will be done in duplicate, and will be retained among the most important papers of the vessel, and of it will be mentioned in your Journal.
Article 1587.- If the vessel arrives at a port in which there is a Mexican Diplomatic, Consul or Deputy Consul, the captain will deposit one of the copies of the will, dated and sealed, with a copy of the note to be entered in the Journal of the vessel.
Article 1588.- Arribando is on Mexican territory, the other copy or both, if no one was left elsewhere, will be given to the maritime authority of the place, in the form noted in the previous article.
Article 1589.- In any of the cases mentioned in the two preceding articles, the master of the vessel shall require receipt of the delivery and shall quote it by note in the Journal.
Article 1590.- The Diplomatic Agents, Consumers or the maritime authorities shall lift, after receiving the referred copies, a report of the delivery, and shall forward it with the copies, as soon as possible, to the Ministry of Foreign Affairs, which will publish in the newspapers the news of the death of the testator, so that the interested parties promote the opening of the will.
Article 1591.- The marine will will only produce legal effects by passing the testator at sea, or within a month from landing somewhere where in accordance with Mexican or foreign law, it has been able to ratify or grant again its last disposition.
Article 1592.- If the testator disembarks in a place where there is no Diplomatic or Consular Agent, and it is not known whether he has died, or the date of death, will proceed as to the provisions of Title XI of the First Book.
Foreign Country-Made Testament
Article 1593.- The wills made in foreign countries will have effect in the Federal District when they have been formulated in accordance with the laws of the country in which they are granted.
Article 1594.- The Secretaries of Legation, the Consules and the Mexican Viceconsules will be able to do the times of Notaries or Receivers of the wills of the nationals in in cases where the testamentary provisions are to be enforced in the Federal District.
Article 1595.- The officials referred to shall send an authorized copy of the wills before them, to the Ministry of Foreign Affairs for the effects prevented in Article 1590.
Article 1596.- If the will is an olograph, the official who intervenes in his deposit will forward it through the Secretariat of Foreign Relations, in the ten days, to the Notary General Archive manager.
Article 1597.- If the will is entrusted to the guardian of the Secretary of Legation, Consul or Viceconsul, it shall make mention of that circumstance and shall give receipt of the delivery.
Article 1598.- The role in which the wills granted to the Diplomatic or Consular Agents are extended, will bear the stamp of the Legation or Consulate, respective.
Item 1599.- Legitimate inheritance opens:
I. When there is no will, or the one that was awarded is null or lost validity;
II. When the testator did not dispose of all his assets;
III. When the condition imposed on the heir is not met;
IV. When the heir dies before the testator, he repudiates the inheritance or is unable to inherit, if not replaced.
Article 1600.- When the will is valid, the institution of the heir shall not be subsist, however, the other provisions made in it, and the succession It shall only cover goods which must correspond to the heir established.
Article 1601.- If the testator legally holds only a portion of his assets, the rest of them form the legitimate succession.
Article 1602.- They are entitled to inherit by legitimate succession:
I. Descendants, spouses, ascendants, collateral relatives within the fourth grade and concubine or concubinaire, if the requirements laid down in Article 1635 are satisfied in this case.
II. In the absence of the above, public beneficence.
Item 1603.- Affinity parentage does not give the right to inherit.
Article 1604.- The closest relatives exclude the remotest, except as provided in Articles 1609 and 1632.
Article 1605.- Relatives who will be in the same grade will inherit equally.
Article 1606.- The lines and degrees of kinship will be fixed by the provisions contained in Chapter I, Title VI, Book First.
From Succession of Descendants
Article 1607.- If the parents ' deaths are only children, the inheritance will be divided among all the equal parts.
Article 1608.- When descendants are present with the surviving spouse, the portion of a child shall correspond to the surviving spouse, in accordance with the provisions of Article 1624.
Article 1609.- If children and descendants of subsequent grade are left, the first ones will inherit by head and the second by stretch. The same will be observed for descendants of pre-dead children, unable to inherit or who have renounced inheritance.
Article 1610.- If only later descendants are left, the inheritance will be divided by stretch, and if in some of these there are several heirs, the portion that to it corresponds to equal parts.
Article 1611.- Containing children with ascendants, they will only be entitled to food, which in no case can exceed the portion of one of the children.
Item 1612.- The adopted inherits as a child.
Article 1613.- (Repeals).
Article 1614.- If the intestate is not absolute, it will be deducted from the inheritance total that the legally willing party has been willing, and the remainder will be divided in the manner that have the items that precede.
The Succession of Ascendants
Article 1615.- In the absence of descendants and spouse, the parent and parent will occur equally.
Article 1616.- If only father or mother, the one who lives will succeed the child in all inheritance.
Article 1617.- If only one line is subsequently promoted by a line, the inheritance will be divided equally.
Article 1618.- If you are ascending by both lines, the inheritance will be divided into two equal parts, and one will be applied to the parent line and the other to the parent line. maternal.
Article 1619.- The members of each line will divide the corresponding portion of each other by equal parts.
Article 1620.- (Repeals).
Article 1621.- If the spouse of the adopted with the adopters is present, the two thirds of the inheritance correspond to the spouse and the other third party to which they do adoption.
Article 1622.- The ascendants, even if they are illegitimate, have the right to inherit their recognized descendants.
Article 1623.- If the recognition is made after the descendant has acquired goods the amount of which, taking into account the personal circumstances of the person he recognizes, To assume that the recognition is motivated, neither the one who recognizes nor his descendants have the right to the inheritance of the recognized one. The person who recognizes is entitled to food, in the event that the recognition has done so when the recognized person was also entitled to receive food.
Article 1624.- The surviving spouse, attending with descendants, shall have the right of a child, if he or she has no property or who has the death of the author of the succession, not match the portion that each child must correspond to. The same will be observed if you are with adopted children of the author of the inheritance.
Article 1625.- In the first case of the previous article, the spouse will receive the indicated portion in full; in the second, only the right to receive what is enough to match his assets with the portion mentioned.
Article 1626.- If the surviving spouse concurs with ascendants, the inheritance will be divided into two equal parts, of which one will apply to the spouse and the other to the ascending.
Article 1627.- Conferring the spouse with one or more siblings of the author of the succession, will have two-thirds of the inheritance, and the remaining third will apply to the brother or split equally between the siblings.
Article 1628.- The spouse will receive the corresponding portions according to the two previous articles, even if it has its own assets.
Article 1629.- In the absence of descendants, ascendants, and siblings, the spouse will succeed in all goods.
Article 1630.- If there are only siblings on both lines, they will happen equally.
Article 1631.- If brothers with half-brothers are present, they will inherit twice as much as these.
Article 1632.- If siblings with nephews, children of siblings or of pre-death siblings are present, who are unable to inherit or have renounced inheritance, First they will inherit by head and the second by stretch, taking into account the provisions of the previous article.
Article 1633.- In the absence of siblings, their children will happen, dividing the inheritance by stretch, and the portion of each stretch by heads.
Article 1634.- In the absence of the calls in the above articles, the next of kin within the fourth grade, without distinction of line, nor consideration of the double link, and they will inherit equally.
When you apply the above provisions, you will consider what the next Chapter commands.
From Concubins Succession
Article 1635.- Concubine and concubinaire have the right to inherit each other, applying the provisions concerning the succession of the spouse, provided they have lived together as if they were spouses during the five years immediately preceding their death or when they had children in common, provided that they were both free of marriage during the concubinage.
If upon death the author of the inheritance is survived by several concubines or concubinals in the conditions mentioned at the beginning of this article, none of them will inherit.
From the Succession of Public Beneficence
Article 1636.- In the absence of all the heirs called in the previous chapters, Public Beneficence will happen.
Article 1637.- When the Public Beneficence is heiress and where there is a real estate that cannot be acquired in accordance with Article 27 of the Constitution, sell the goods in public auction, before the award is made, applying to the Public Beneficence the price to be obtained.
Common Provisions for Testamentary and Legitimate Successions
Of The Precautions To Be Adopted When The Widow Is Entape
Article 1638.- When the widow's death is created by the widow, she will be brought to the attention of the judge who knows of the succession, within the term of forty years. days, to notify to those who have the inheritance a right of such nature to disappear or to diminish by the birth of the posthumous.
Article 1639.- Interested persons referred to in the foregoing article may ask the judge to dictate the appropriate providences to avoid the supposition of delivery, the replacement of the infant or the creature that is not being passed as viable.
The judge will take care that the measures that dictate do not attack the modesty, nor the widow's freedom.
Article 1640.- Hayase or not given the notice that the article 1638 speaks, when the time of the delivery approach the widow must put it in the knowledge of the judge, so that she may know to those concerned. They have the right to ask the judge to appoint a person who is satisfied with the reality of the birth; the appointment must be made precisely in a doctor or midwife.
Article 1641.- If the husband recognized in public or private instrument the certainty of the pregnancy of his consort, he shall be exempt from giving the notice referred to in the article 1638, but shall be subject to the provisions of Article 1640.
Article 1642.- The mother's omission does not impair the child's legitimacy, if by other legal means it can be credited.
Article 1643.- The widow who will be encnited, even if she has assets, must be fed by the hereditary mass.
Article 1644.- If the widow does not comply with the provisions of Articles 1638 and 1640, it may be possible for the widow to refuse food when she has property, but if she finds out After a certain period of the pregnancy, the food to be paid must be paid.
Article 1645.- The widow is not obliged to return the food received even if there has been an abortion or the pregnancy is not true, except in the case where the The expert opinion has been found.
Article 1646.- The judge shall decide on all matters relating to food, in accordance with the foregoing articles, in the case of a doubt in doubt in favour of the widow.
Article 1647.- For any of the proceedings that are carried out in accordance with the provisions of this Chapter, the widow shall be heard.
Article 1648.- The inheritance division will be suspended until the delivery is verified or until the completion of the maximum term; plus the creditors may be paid by judicial mandate.
From Opening and Transmission of Heritage
Article 1649.- The succession opens at the time the author dies of the inheritance and when the presumption of death of an absentee is declared.
Article 1650.- There is no appointed executor, each of the heirs may, if he has not been established heir of certain goods, claim the entire inheritance that It is for you to do so jointly with others, without the defendant being able to oppose the exception that the inheritance does not belong to you entirely.
Article 1651.- Having appointed executor, he shall promote the claim referred to in the preceding article and being delinquent in doing so, the heirs have the right to ask for removal.
Article 1652.- The right to claim inheritance prescribes in ten years and is transmittable to heirs.
From Acceptance and Inheritance of Inheritance
Article 1653.- They can accept or repudiate the inheritance of all who have the free disposition of their assets.
Article 1654.- The inheritance left to minors and other disabled persons, will be accepted by their guardians, who may repudiate it with judicial authorization, after hearing the Public Ministry.
Article 1655.- The married woman does not need the husband's authorization to accept or repudiate the inheritance that corresponds to her. The common inheritance will be accepted or disowned by the two spouses, and in case of discrepancy, the judge will resolve.
Article 1656.- Acceptance may be express or tacit. It is express acceptance if the heir accepts with terminant words, and tacitly, if he executes some facts that he necessarily deduces the intention to accept, or those that he could not execute but with his quality of heir.
Article 1657.- None can accept or repudiate the inheritance in part, with time or conditionally.
Article 1658.- If heirs are not agreed upon acceptance or repudiation, they will be able to accept some and repudiate others.
Article 1659.- If the heir dies without accepting or repudiating the inheritance, the right to do so is passed on to his successors.
Article 1660.- The effects of inheritance acceptance or repudiation are always rolled back to the date of the death of the person to whom it is inherited.
Article 1661.- The repudiation must be expressed and written before the judge, or by means of a public instrument granted to Notary.
Article 1662.- The repudiation does not deprive the one who makes it, if not the executor heir, of the right to claim the legacies left to him.
Article 1663.- He who is called to the same inheritance by will and abdicate, and repudiates it by the first title, is understood to have repudiated it by the two.
Article 1664.- The one who repudiates the right to happen by intestate without having news of his testamentary title, may by virtue of this, accept the inheritance.
Article 1665.- None can renounce the succession of living person, or alienate the rights that they may eventually have to their inheritance.
Article 1666.- No one can accept or repudiate without being true of the death of the one whose inheritance is dealt with.
Article 1667.- Known as the death of the one to whom it is inherited, the inheritance left under condition can be waived, even if the condition has not been met.
Article 1668.- The moral persons capable of acquiring can, through legitimate representatives, accept or repudiate inheritances; but in the case of corporations of official or private charitable institutions, cannot repudiate the inheritance, the first, without judicial approval, after hearing from the Public Ministry, and the latter, without being subject to the provisions of the Law of Private Beneficence.
Public establishments cannot accept or repudiate inheritances without the approval of the senior administrative authority.
Article 1669.- When one has an interest in the heir stating whether he accepts or repudiates the inheritance, he may ask, after nine days of the opening of the estate, that the judge establish to the heir a term, which shall not exceed one month, so that within him he makes his statement, warning that, if he does not do so, the inheritance will be accepted.
Article 1670.- Acceptance and repudiation, once made, are irrevocable, and cannot be challenged but in cases of wilful or violence.
Article 1671.- The heir may revoke acceptance or repudiation, when by an unknown will, at the time of making, the quantity or quality of the inheritance.
Article 1672.- In the case of the previous article, if the heir revokes acceptance, he shall return all that he has perceived of the inheritance, observing the fruits, the rules regarding holders.
Article 1673.- If the heir repudiates the inheritance to the detriment of his creditors, they may ask the judge to authorize them to accept on behalf of the latter.
Article 1674.- In the case of the previous article, the acceptance will only take advantage of the creditors for the payment of their claims; but if the inheritance exceeds the amount of these, the excess will belong to the one who calls the law, and in no case to the one who made the resignation.
Article 1675.- Creditors whose credits are after the repudiation, cannot exercise the right granted to them by Article 1673.
Article 1676.- He who by the repudiation of the inheritance must enter into it, may prevent the acceptance of the creditors, by paying to them, the credits they have against him the repudiation.
Article 1677.- He who at the request of a hereditary or hereditary creditor, has been declared an heir, shall be regarded as such by the others, without need again judgment.
Article 1678.- Acceptance in no case produces confusion of the estate of the author of the estate and the heirs, because any inheritance is understood to be accepted for the benefit of inventory, even if it is not expressed.
Of The Albaceous
Article 1679.- It may not be executor that you do not have the free disposition of your goods.
The married woman, older, may be without the authorization of her husband.
Article 1680.- They cannot be executors, except in the case of being unique heirs:
I. Judges and judges who are exercising jurisdiction in the place where the succession is opened;
II. Those who, by judgment, have been removed again from the office of executor;
III. Those who have been convicted of property crimes;
IV. Those who do not have an honest way of living.
Article 1681.- The testator can name one or more executors.
Article 1682.- When the testator has not appointed a executor or the appointee will not perform the position, the heirs shall elect the executor by a majority of votes. The minor heirs will vote for their legitimate representatives.
Article 1683.- Most, in all cases of this Chapter, and those relating to inventory and partition, shall be calculated by the amount of the portions, and not by the number of people.
When the largest portion is represented by less than a quarter of the heirs, there is a need for them to vote for the heirs that are necessary for them. form at least a quarter of the total number.
Article 1684.- If there is no majority, the executor shall be appointed by the judge, from among those proposed.
Article 1685.- The provisions of the two preceding articles shall also be observed in cases of intestate, and when the appointed executor is missing, be it for the cause that is.
Article 1686.- The heir who is unique, shall be executor if he has not been named another in the will. If you are unable, your guardian will be charged.
Article 1687.- When there is no heir or the appointee does not enter the estate, the judge will appoint the executor if there are no legacies.
Article 1688.- In the case of the previous article, if there are legatees, the executor will be named by these.
Article 1689.- The executor appointed in accordance with the two articles preceding it will last on its behalf while, declared the legitimate heirs, these make the choice of albacea.
Article 1690.- When the entire inheritance is distributed in legacies, the legacies will name the executor.
Article 1691.- The executor may be universal or special.
Article 1692.- When you force several appointed executors, the albacealty shall be exercised by each of them, in the order in which they were designated, unless the (a) the applicant has expressly provided for the common agreement of all the persons appointed, in that case they shall be deemed to be joint.
Article 1693.- When the executors force together they will only be worth what they all do of consund; whatever makes one of them, legally authorized by the others, or what, in case of dissent, remember the greatest number. If there is no majority, the judge shall decide.
Article 1694.- In cases of extreme urgency, one of the joint executors may practice, under their personal responsibility, the necessary acts, giving account immediately to the others.
Article 1695.- The office of executor is voluntary; but the one who accepts it, constitutes the obligation to perform it.
Article 1696.- The executor who renounces without a fair cause, will lose what the testator has left. The same thing will happen when the resignation is due to the right cause, if what is left to the executor is with the exclusive object of remuneration for the performance of the office.
Article 1697.- The executor who submits excuses must do so within six days of the date on which he became aware of his appointment; or if he was already known to him, within six days of the one in which he made news of the death of the testator. If you present your excuses outside the designated term, you will be liable for the damages you cause.
Article 1698.- They can be excused from being executors:
I. Employees and public officials;
II. The military on active duty;
III. Those who are so poor that they cannot attend to the albacetalty without detriment to their subsistence;
IV. Those who, because of the usual poor health status, or because they do not know how to read or write, cannot properly attend to the albacetalty;
V. Those who are sixty years old;
VI. Those who have another albacealty in charge.
Article 1699.- The executor who is present while deciding on his excuse, must carry out the charge under the sentence laid down in Article 1696.
Article 1700.- The executor will not be able to delegate the charge he has received, nor for his death passes to his heirs; but he is not obliged to act personally; he can do so by the leaders who work under their orders, responding to the acts of the latter.
Article 1701.- The general executor is required to deliver to the special executor the amounts or things necessary to comply with the part of the will that is in his or her position.
Article 1702.- If compliance with the legacy depends on the term or any suspensive condition, the general executor may resist the delivery of the item or quantity, giving bail to the satisfaction of the licensee or the special executor, that the delivery will be made in due course.
Article 1703.- The special executor may also, in the name of the licensee, require the creation of the necessary mortgage.
Article 1704.- The right to the possession of hereditary property is transmitted, by law ministry, to the heirs and to the universal executors, from the moment of the death of the author of the estate, except as provided for in Article 205.
Article 1705.- The executor must deduct all the actions that belong to the inheritance.
Article 1706.- They are general executor obligations:
I. The presentation of the will;
II. The securing of inheritance assets;
III. The formation of inventories;
IV. The administration of the assets and the accountability of the albacealty accounts;
V. The payment of mortuary, hereditary and testamentary debts;
VI. The partition and award of the goods between the heirs and the legatees;
VII. The defense, in judgment and out of it, as well as the validity of the will;
VIII. The representation of the succession in all the trials that have been promoted on its behalf or that are promoted against it;
IX. The others that impose the law.
Article 1707.- The executors, within 15 days of the approval of the inventory, will propose to the judge the provisional distribution of the goods of the goods hereditary, pointing out the part of them that each bimestre must be delivered to the heirs or legatees.
The judge, observing the procedure laid down by the Code of Matter, shall approve or modify the proposal made, as appropriate.
The executor who does not present the proposition that it is or that during two consecutive bimestres, without fair cause, does not cover the heirs or the legatees what corresponds to them, will be separate from the charge at the request of any interested party.
Article 1708.- The executor is also obliged, within three months, to be counted since accepting his appointment, to guarantee his handling, with bail, mortgage or garment, to his choice according to the following bases:
I. For the amount of real estate income in the last year and for the income of the capital taxes, during that same time;
II. For the value of movable property;
III. For the products of the rustic estates in one year, calculated by experts or for the average term of a five-year period, at the choice of the judge;
IV. In the commercial and industrial negotiations for twenty percent of the amount of the goods, and other furniture effects, calculated by the books if they are carried in due form or judgment of experts.
Article 1709.- When the executor is also a confreer and its portion is sufficient to guarantee, as provided in the preceding article, it shall not be obliged to provide special guarantee, while retaining your hereditary rights. If your portion is not sufficient to provide the guarantee in question, you will be required to give bail, mortgage, or pledge so you are missing to complete that guarantee.
Article 1710.- The testator cannot rid the executor of the obligation to guarantee its handling; but the heirs, whether they are testamentary or legitimate, have the right to dispense with the executor of compliance with this obligation.
Article 1711.- If the executor has been named in will and has it in his possession, he must present it within eight days of the death of the testator.
Article 1712.- The executor must form the inventory within the term designated by the Civil Procedure Code. If it does not, it will be removed.
Article 1713.- The executor, before forming the inventory, will not permit the extraction of anything, if not the property of the same will, by the same will. the public instrument or the books of the house in due form, if the author of the estate has been a trader.
Article 1714.- When the property of the alien thing consists of different means than those listed in the preceding article, the executor shall be limited to the margin of the respective items, a note indicating the membership of the item, for the property to be discussed in the corresponding judgment.
Article 1715.- The violation of the two previous articles will hold the executor responsible for the damages.
Article 1716.- The executor, within the first month of his or her duties, shall, according to the heirs, determine the amount to be used in the administration and the number and salaries of dependents.
Article 1717.- If for the payment of a debt or other urgent expenditure, it is necessary to sell some goods, the executor must do so, according to the heirs, and if this does not is possible, with judicial approval.
Article 1718.- The provisions of Articles 569 and 570, in respect of guardians, shall also be observed in respect of the executors.
Article 1719.- The executor cannot tax or mortgage the goods, without the consent of the heirs or the legal persons in their case.
Article 1720.- The executor cannot compromise or compromise on arbitrators the business of the estate, but with the consent of the heirs.
Article 1721.- The executor can only lease for up to one year the assets of the estate. To lease them for longer, you need the consent of the heirs or the legal persons in your case.
Article 1722.- The executor is obliged to render every year the account of his albaceous. It may not be re-appointed, without the approval of its annual account. In addition, it will render the general account of albacetalty. You will also be accountable for your administration, when for any cause you cease to be executor.
Article 1723.- The obligation to account has the executor, passes to his heirs.
Article 1724.- It is null and void the provisions by which the testator disregards the executor from the obligation to take inventory or to be accountable.
Article 1725.- The administration account must be approved by all heirs; the one who does, can follow the respective judgment, in the terms that establish the Code of Civil Procedures.
Article 1726.- Where the Public Beneficence or the heirs are minor, the Public Ministry shall intervene in the approval of the accounts.
Article 1727.- Approved accounts, stakeholders can celebrate their outcome, the conventions they want.
Article 1728.- The heir or heirs who have not been in agreement with the appointment of the executor made by the majority have the right to appoint an auditor to monitor the albacea.
If the inconformed minority is formed by several heirs, the appointment of the financial controller will be done by a majority of votes, and if the majority is not obtained, the appointment will be made by the judge, choosing the financial controller of the persons proposed by the heirs of the minority.
Article 1729.- The functions of the controller will be limited to monitoring the exact compliance of the executor charge.
Article 1730.- The interventor cannot have the possession or even the interim of the goods.
Article 1731.- You must name precisely an interventor:
I. Whenever the heir is absent or not known;
II. When the amount of the legacies equals or exceeds the portion of the executor.
III. When legacies are made for objects or establishments of Public Beneficence.
Article 1732.- Interventors must be older and able to be bound.
Article 1733.- The interventors will last while their appointment is not revoked.
Article 1734.- The interveners shall have the remuneration to be agreed by the heirs who appoint them, and if appointed by the judge, they shall charge according to Arancel, as if they were a proxy.
Article 1735.- Creditors and legacies may not require payment of their claims and legacies, if not until the inventory has been formed and approved, provided it is formed and approve within the terms indicated by the law; except in the cases prescribed in the articles, 1754 and 1757, and those debts upon which the succession is to be opened.
Article 1736.- The expenses incurred by the executor in the performance of his office, including the attorney and attorney fees he has occupied, will be paid out of the mass of the inheritance.
Article 1737.- The executor must fulfill its order within a year, counted from its acceptance, or from the end of the litigation that is promoted on the validity or nullity of the will.
Article 1738.- Only for justified reasons may the heirs extend to the executor the period specified in the previous article, and the extension shall not exceed one year.
Article 1739.- In order to extend the deadline, it is essential that the annual account of the executor has been approved, and that the extension will be agreed by a majority representing Two-thirds of the inheritance.
Article 1740.- The testator can point to the executor of the retribution he wants.
Article 1741.- If the testator does not designate the remuneration, the executor will charge two percent on the liquid and effective amount of the estate, and five percent on the the industrial fruits of hereditary goods.
Article 1742.- The executor has the right to choose between what the testator leaves to him for the performance of the office and what the law grants him for the same reason.
Article 1743.- If the executors are multiple and joint, the remuneration will be shared among all of them; if they are not joint, the distribution will be done in proportion to the the time each has taken and the work it has had in the administration.
Article 1744.- If the testator bequeathed to the executors some thing for the performance of his office, the part of those who do not admit it, will increase those who exercise it.
Article 1745.- The executor and interventor charges end:
I. By the natural term of the order;
II. By death;
III. For legal incapacity, declared in form;
IV. For the excuse that the judge qualifies as legitimate, with an audience of the interested parties and the Public Ministry, when they are interested in minors or Public Beneficence;
V. For the termination of the period prescribed by the law and the extensions granted to the office;
VI. By revocation of their appointments, made by the heirs;
VII. By removal.
Article 1746.- Revocation can be done by the heirs at any time, but in the same act the substitute must be named.
Article 1747.- When the executor has received from the testator some special order, in addition to following the succession judgment to deliver the goods to the heirs, not be deprived of that order by the revocation of the appointment of executor to the heirs. In that case, it shall be considered as a special executor and the provisions of Article 1701 shall apply.
Article 1748.- If the revocation is made without justified cause, the removed executor has the right to perceive what the testator has left for the performance of the charge or the (a) the percentage corresponding to it in accordance with Article 1741, taking into account the provisions of the
Article 1749.- The removal will not take place but per sentence pronounced in the respective incident, promoted by legitimate party.
From Inventory and Inheritance of Inheritance
Article 1750.- The definitive executor, within the term that establishes the Code of Civil Procedures, will promote the formation of the inventory.
Article 1751.- If the executor does not comply with the above article, it may promote the formation of the inventory any heir.
Article 1752.- The inventory will be formed as provided by the Civil Procedure Code. If the executor does not present it within the legal term, it will be removed.
Article 1753.- Concluded and judicially approved the inventory, the executor will proceed to the settlement of the estate.
Article 1754.- First, mortuary debts will be paid if they are not already, as they can be paid before the inventory is formed.
Article 1755.- They are called mortuary debts, funeral expenses, and those that have been caused in the last illness of the author of the inheritance.
Article 1756.- Mortuary debts will be paid from the inheritance body.
Article 1757.- Second, the costs of rigorous conservation and administration of the estate, as well as the food credits that may also be paid, will be paid. covered prior to inventory training.
Article 1758.- If in order to make payments that the above articles speak, there will be no money in the estate, the executor will promote the sale of the movable and even of the buildings, with the solemnities that are required respectively.
Article 1759.- The following will be paid for the hereditary debts that are payable.
Article 1760.- They are called hereditary debts, the ones contracted by the author of the estate regardless of their last disposition, and of which he is responsible with their goods.
Article 1761.- If any contest is pending, the executor shall not pay but in accordance with the judgment of graduation of creditors.
Article 1762.- The creditors, when there is no contest, shall be paid in the order in which they are filed; but if, among the non-filed, there are some preferential ones, those who are paid for the best-right creditor.
Article 1763.- The executor, which has concluded the inventory, will not be able to pay the legacies, without having covered or allocated enough goods to pay the debts, keeping in the respective goods the special charges they have.
Article 1764.- Creditors who are presented after the legacies are paid, will only take action against them when in the estate there are not enough goods to cover your credit.
Article 1765.- The sale of the hereditary property for the payment of debts and legacies shall be made in public auction; unless the majority of the persons concerned agree otherwise.
Article 1766.- Most of the interested parties, or the judicial authorization in their case, will determine the application to be given at the price of the sold stuff.
Article 1767.- Approved inventory and administration account, the executor must immediately make the inheritance partition.
Article 1768.- No coherenter can be forced to remain in the indivision of the goods, or even by express prevention of the testator.
Article 1769.- The partition can be suspended under the express agreement of the stakeholders. Minor among them, the guardian and the Public Ministry must be heard, and the order in which the agreement is approved will determine the length of time the indivision should last.
Article 1770.- If the author of the estate disposes in his will that any heir or legatee be handed certain goods, the executor, approved the inventory, deliver such goods, provided that they are sufficiently responsive to the costs and general burdens of the inheritance, in the proportion that corresponds to them.
Article 1771.- If the author of the estate makes the partition of the goods in his or her will, it shall be, except the right of the third party.
Article 1772.- If the author of the succession did not rule out how his assets should be distributed and it is a negotiation that forms an agricultural, industrial or commercial unit, Where the farmers, industrialists, or traders are among the heirs, the negotiations shall be applied to them, provided that they are able to give the other cohereners the appropriate share. The price of the negotiation shall be fixed by experts.
The provisions of this article do not prevent the coherers from concluding the conventions they deem relevant.
Article 1773.- Heirs must pay each other the income and fruits that each has received from the hereditary goods, the necessary and necessary expenses and the damages caused by malice or negligence.
Article 1774.- If the testator has inherited any pension or lifetime income, without taxing it in particular to any heir or legator, it will be capitalized at nine percent. (a) a capital or a fund of equal value shall be separated, which shall be given to the person who is to receive the pension or income, who shall have all the obligations of a mere user. The same shall be observed in the case of the maintenance pensions referred to in Article 1368.
Article 1775.- In the partition project, the part of the capital or fund affected by the pension shall be expressed, corresponding to each of the heirs after the pension is extinga.
Article 1776.- When all heirs are greater, and the interest of the Fiscus, if any, is covered, the parties may be separated from prosecution and prosecution. adopt the agreements that they deem appropriate for the arrangement and termination of the testamentary or the intestate.
When there are minors, they may be separated, if they are duly represented, and the Public Ministry gives their consent. In this case, the agreements to be taken will be denounced to the judge, and he, hearing the Public Ministry, will give its approval, if the rights of the minors are not injured.
Article 1777.- The partition shall consist in public deed, provided that in the inheritance there are goods whose disposal must be done with that formality.
Article 1778.- The expenses of the partition, will be reduced from the common fund; those that are made for the particular interest of any of the heirs or legatees, will be imputed to their have.
From the Effects of Partition
Article 1779.- The legally-made partition, fixes the portion of hereditary property that corresponds to each of the heirs.
Article 1780.- When for causes prior to the partition, some of the cohereners are deprived of all or part of their being, the other cohereners are obliged to compensate him for that loss, in proportion to his hereditary rights.
Article 1781.- The portion to be paid to which you lose your part, shall not be the one that represents your primitive, but the one that corresponds, deducting from the total of the inheritance lost part.
Article 1782.- If any of the cohereners were insolvent, the quota with which they were to contribute will be shared among the others, even the one who lost their share.
Article 1783.- Those who pay for the insolvent, will retain their action against him, by the time he improves fortune.
Article 1784.- The obligation referred to in Article 1780 shall only cease in the following cases:
I. When individual assets are left to the heir, of which they are private;
II. When the partition is made, the coherers expressly renounce the right to be compensated;
III. When the loss is caused by the fault of the heir who suffers it.
Article 1785.- If a credit is awarded as a credit, the coherends do not respond to the subsequent insolvency of the hereditary debtor, and are only responsible for their solvency. time to get the partition.
Article 1786.- For bad credits there is no liability.
Article 1787.- The heir whose hereditary assets are foreclosed, or who will be pronounced in judgment because of them, has the right to request that his cohereners, who are responsible for the liability that may be liable to them and, if not, to be prohibited from making the goods they received.
From Termination and Nullity Of Partitions
Article 1788.- Partitions may be rescinded or nullified for the same reasons as obligations.
Article 1789.- The preterid heir has the right to request the nullity of the partition. This will be done by a new partition to receive the appropriate share.
Article 1790.- The partition made with a false heir, is null as soon as it is related to it, and the part that was applied to it will be distributed among the heirs.
Article 1791.- If the partition makes some goods omitted from it, a supplementary division will be made, in which the provisions contained in the this Title.
Sources of Obligations
Article 1792.- Convention is the agreement of two or more persons to create, transfer, modify or terminate obligations.
Article 1793.- Conventions that produce or transfer obligations and rights, take the name of contracts.
Item 1794.- For the existence of the contract it is required:
II. Object that might be subject to the contract.
Article 1795.- The contract can be invalidated:
I. For legal incapacity of the parties or one of them;
II. By consent services;
III. Because their object, or their motive or purpose is illicit;
IV. Because consent has not been manifested in the way the law establishes.
Article 1796.- Contracts are perfected by mere consent, except those that must be in a form established by law. Since they are perfected, they are obliged not only to the fulfillment of the expressly agreed upon, but also to the consequences which, according to their nature, are in accordance with good faith, use or law.
Article 1797.- The validity and fulfillment of the contracts cannot be left to the arbitration of one of the contractors.
Article 1798.- They are skilled at hiring all people not excepted by law.
Article 1799.- The incapacity of one of the parties cannot be invoked by the other party for its own benefit, unless the object of the right or the obligation is indivisible. common.
Article 1800.- He who is skilled at hiring, can do so by himself or by another legally authorized person.
Article 1801.- None can hire in the name of another without being authorized by him or by law.
Article 1802.- Contracts entered into in the name of another by whom you are not your legitimate representative, shall be void, unless the person to whose name was concluded, the ratifies before they recant on the other side. Ratification must be done with the same formalities as the law requires.
If the ratification is not obtained, the other contractor will be entitled to demand damages and damages to whom he improperly hired.
Article 1803.- Consent can be expressed or unspoken, for this you will be the following:
I.- Will be expressed when the will is expressed verbally, in writing, by electronic, optical or any other technology, or by unequivocal signs, and
II.- The unspoken will result from facts or acts that presuppose or authorize it to be presumed, except in cases where by law or by agreement the will must manifest itself expressly.
Article 1804.- Every person who proposes to another the conclusion of a contract, setting him a time limit to accept, is bound by his offer until the expiration of the term.
Article 1805.- When the offer is made to a person present, without a deadline to accept it, the author of the offer is dislinked if the acceptance is not made immediately. The same rule applies to the offer made by telephone or through any other electronic means, optical or any other technology that allows the expression of the offer and the acceptance of the offer immediately.
Article 1806.- When the offer is made without term fixing to a person not present, the author of the offer will be bound for three days, in addition to the time required to the regular return of public mail, or of which it is judged fairly, there being no public mail, according to the distances and the ease or difficulty of the communications.
Article 1807.- The contract is formed at the time the proposer receives acceptance, being bound by its offer, according to the preceding articles.
Article 1808.- The offer will be considered as not made if the author withdraws it and the recipient receives the retraction before the offer. The same rule applies to the case where the acceptance is withdrawn.
Article 1809.- If at the time of the acceptance the proposer has passed away, without the acceptor being aware of his death, the heirs of that obligation shall remain support the contract.
Article 1810.- The proposer will be free of his offer when the answer he receives is not a smooth and plain acceptance, but an amount, modification of the first. In this case the answer will be considered as a new proposition that will be governed by the provisions of the previous articles.
Article 1811.- The proposal and acceptance made by telegraph produce effects if the contractors had previously stipulated in writing this way of hiring, and if the originals of the respective telegrams contain the signatures of the contractors and the conventional signs established between them.
Dealing with the proposal and acceptance made through electronic, optical or any other technology will not require prior stipulation among the contractors for it produces effects.
Article 1812.- Consent is not valid if it has been mistakenly, started by violence or surprised by it.
Article 1813.- The error of law or de facto invalidates the contract when it falls on the determining motive of the will of any of those who hire, if in the act of the celebration is declared that motive or if it is tested by the circumstances of the same contract that was held in the false assumption that it was motivated and not by another cause.
Article 1814.- The calculation error only results in rectifying.
Article 1815.- It is understood by dolo in the contracts, any suggestion or artifice to be used to mislead or to keep in it any of the contractors; and bad faith, the dissimulation of the error of one of the contractors, once known.
Article 1816.- The dolo or bad faith of one of the parties and the dolo that comes from a third party, knowing it, nullify the contract if it has been the determining cause of this act legal.
Article 1817.- If both parties proceed with dolo, none of them can claim the nullity of the act or claim compensation.
Article 1818.- The contract concluded by violence is void, whether it comes from any of the contractors or from a third party, whether interested or not in the contract.
Article 1819.- There is violence when physical force or threats are employed that matter the danger of losing life, honor, freedom, health, or a considerable portion of the the goods of the contractor, his spouse, his ascendants, their descendants or their collateral relatives within the second grade.
Article 1820.- The reverential fear, that is, the only fear of disliking people to whom it is due to submission and respect, is not enough to vitiate consent.
Article 1821.- The general considerations that the contractors will expend on the damages that may of course result from the celebration or not celebration of the contract, and which do not matter deception or threat from the parties, shall not be taken into account when qualifying the dolo or violence.
Article 1822.- It is not lawful to give up for the future the nullity resulting from the dolo or the violence.
Article 1823.- If the violence has ceased or the dolo, the one who suffered the violence or suffered the deception ratifies the contract, cannot henceforth claim for such vices.
Of The Object and Reason or End of Contracts
Article 1824.- They are the object of contracts:
I. The thing that the obligated must give;
II. The fact that the obligated must do or not do.
Article 1825.- The object of the contract must: 1o. To exist in nature. 2o. To be determined or determinable in terms of its species. 3o. Being in trade.
Article 1826.- Future things can be the subject of a contract. However, it cannot be the inheritance of a living person, even if it provides their consent.
Item 1827.- The positive or negative fact, object of the contract, must be:
Article 1828.- It is impossible the fact that it cannot exist because it is incompatible with a law of nature or with a legal norm that must govern it necessarily and that constitutes an insurmountable obstacle to its realization.
Article 1829.- The fact that it cannot be executed by the obligor, but by another person instead of it, will not be considered impossible.
Article 1830.- It is illegal the fact that it is contrary to laws of public order or to good manners.
Article 1831.- The end or determining motive of the will of those who hire, neither must be contrary to the laws of public order nor to the good manners.
Article 1832.- In civil contracts each is required in the manner and terms that appear to be required, without the validity of the contract being required certain formalities, outside of the cases expressly designated by law.
Article 1833.- When the law requires a certain form for a contract, while this does not review that form, it shall not be valid unless otherwise provided; but of the parties to celebrate it consists in a feisty way, any of them can demand that the contract be the legal form.
Article 1834.- When the written form is required for the contract, the relative documents must be signed by all persons to whom that obligation is imposed.
If any of them cannot or does not know how to sign, you will do so another to your request and in the document you will print the fingerprint of the person you did not sign.
Article 1834 Bis.- The assumptions provided for in the previous article shall be met by use of electronic, optical or any other means technology, provided that the information generated or communicated in full, through these means is attributable to the people who are obliged and accessible for further consultation.
In cases where the law establishes as a requirement that a legal act should be granted in an instrument to the public purse, it and the obligated parties may generate, send, to receive, file or communicate information containing the exact terms in which the parties have decided to oblige, by using electronic, optical or other technology, in which case the public purse must to record in the instrument itself the elements through which it is attributed such information to the parties and to keep a full version of the information under its protection for further consultation, by granting such an instrument in accordance with the applicable law governing it.
Division of Contracts
Article 1835.- The contract is unilateral when one of the parties is forced to the other without being obliged to do so.
Article 1836.- The contract is bilateral when the parties are mutually bound.
Article 1837.- It is onerous contract that in which reciprocal provances and encumbrances are stipulated; and free of the one in which the benefit is only of one of the parts.
Article 1838.- The onerous contract is commutative when the benefits that the parties are due are true since the contract is concluded, so that they can immediately appreciate the benefit or loss caused to them. It is random when the provision due depends on an uncertain event that makes it impossible to assess the gain or loss, but until such an event is made.
Clauses that can Contain Contracts
Article 1839.- Contractors may put the clauses that they create convenient; but those that relate to essential requirements of the contract, or are a consequence of their Ordinary nature, shall be given even if they are not expressed, unless the latter are renounced in the cases and terms permitted by law.
Article 1840.- The contractors may provide a certain benefit as a penalty if the obligation is not met or is not met in the agreed manner. If such a stipulation is made, damages and damages may not be claimed.
Article 1841.- The nullity of the contract matters that of the criminal clause; but the nullity of the contract does not entail that of that.
However, when promised by another person, imposing a penalty for the case of not being fulfilled for the promised, it will be worthwhile even if the contract does not take effect by lack of consent from that person.
The same thing will happen when you stipulate with another, in favor of a third party, and the person with whom it is stipulated to be subject to a penalty for the case of not fulfilling the promised.
Article 1842.- When seeking the penalty, the creditor is not required to prove that he has suffered damages, nor can the debtor be exempted from satisfying it, proving that the creditor has not suffered damage.
Article 1843.- The criminal clause cannot exceed either in value or amount to the principal obligation.
Article 1844.- If the obligation is in part, the penalty will be modified in the same proportion.
Article 1845.- If the modification cannot be exactly proportional, the judge will reduce the penalty in an equitable manner, taking into account the nature and the other circumstances of the obligation.
Article 1846.- The creditor may require compliance with the obligation or payment of the penalty, but not both; unless it appears to have stipulated the penalty for the simple delay in the performance of the obligation, or because it is not provided in the agreed manner.
Article 1847.- It shall not be possible to make the penalty effective when the obligor has not been able to fulfill the contract for the creditor, fortuitous case or insuperable force.
Article 1848.- In the joint obligations with a criminal clause, the violation of one of the debtor's heirs is sufficient for the penalty to be incurred.
Article 1849.- In the case of the previous article, each of the heirs will respond to the portion of the penalty that corresponds to it, in proportion to their hereditary share.
Article 1850.- Dealing with indivisible obligations, the provisions of Article 2007 shall be observed.
Article 1851.- If the terms of a contract are clear and leave no doubt about the intent of the contractors, it will be the literal meaning of their clauses.
If the words seem contrary to the evident intent of the contractors, it will prevail over those.
Article 1852.- Whatever the generality of the terms of a contract, they shall not be understood to be understood in the different things and cases different from those on the that the stakeholders proposed to hire.
Article 1853.- If any clause in the contracts accepts different meanings, it must be understood in the most appropriate way to produce effect.
Article 1854.- The clauses of the contracts must be interpreted by each other, attributing to the dubious the sense that results from the set of all.
Article 1855.- Words that may have different meanings will be understood in that which is more according to the nature and object of the contract.
Article 1856.- The use or custom of the country will be taken into account to interpret the ambiguities of the contracts.
Article 1857.- When it is absolutely impossible to resolve doubts by the rules set out in the preceding articles, if they fall under circumstances If the contract is not free, it will be resolved in favour of the lesser transmission of rights and interests; if it is onerous, the doubt will be resolved in favour of the greater reciprocity of interests.
If the doubts of the resolution in this article are dealt with on the main object of the contract, so that the intention or the intention of the contract cannot be sold. will of the contractors, the contract will be null.
Article 1858.- Contracts that are not specially regulated in this Code shall be governed by the general rules of contracts; by the stipulations of the parties, and in what were omitted, by the provisions of the contract with which they have the most analogy, of the regulations in this order.
Article 1859.- The legal provisions on contracts shall apply to all conventions and other legal acts, in so far as they do not object to the nature of these or to special provisions of the law on the same.
From the Unilateral Declaration of the Will
Article 1860.- The fact of offering the public objects at a certain price, forces the owner to support his offer.
Article 1861.- He who by advertisements or offers made to the public commits to some benefit in favor of the person who fills a certain condition or performs a certain service, contracts the obligation to fulfill the promised.
Article 1862.- That in the terms of the previous article I will execute the order service or fill in the indicated condition, may require payment or reward offered.
Article 1863.- Before the service is provided or the condition is fulfilled, the prompt may revoke its offer, provided that the revocation is made with the same publicity that the offering.
In this case, the one who proves that he has made the service to perform the service or to fulfill the condition for which the reward was offered, has the right to be reimbursed.
Article 1864.- If the time limit for the execution of the work has been set, you will not be able to revoke your offer while the deadline is not expired.
Article 1865.- If the act indicated by the promitor is executed by more than one individual, they shall be entitled to the reward:
I. The one that will first execute the work or meet the condition;
II. If the execution is concurrent, or several fill the condition at the same time, the reward will be divided equally;
III. If the reward is not divisible it will be drawn among the stakeholders.
Article 1866.- In contests where there is promise of reward for those who will fill certain conditions, it is essential that a deadline be set.
Article 1867.- The promitor has the right to designate the person to decide who or who of the contestants is awarded the reward.
Article 1868.- In contracts, provisions can be made for third parties in accordance with the following articles.
Article 1869.- The stipulation made in favor of the third party makes it acquire, except written agreement to the contrary, the right to demand from the prompt the benefit to which it has required.
It also gives the stipend the right to demand that the obligation be fulfilled.
Article 1870.- The right of the third party is born when the contract is perfected, except the faculty that the contractors retain to impose the modalities that they judge appropriate, provided that they are expressly stated in the contract.
Article 1871.- The stipulation may be revoked while the third party has not indicated its willingness to take advantage of it. In such a case, or when the third party rehuses the provision stipulated in his favour, the right is considered as unborn.
Article 1872.- The prompt may, unless otherwise agreed, object to the third of the exceptions arising out of the contract.
Article 1873.- The debtor may be required to grant civil documents payable to the order or bearer.
Article 1874.- The property of the civil documents that are extended to the order, is transferred by simple endorsement, which will contain the place and date in which it is made, the concept in which the value of the document is received, the name of the person whose order was awarded the endorsement and the signature of the endorsement.
Article 1875.- The endorsement can be made blank with the only signature of the endoscopy, without any other indication; but the rights derived from the endorsement cannot be exercised without fill it with all the requirements required by the preceding article.
Article 1876.- All those who endorse a document are held jointly and severally to the bearer, in their guarantee. However, the endorsement can be made without the solidarity responsibility of the endorser, provided that this is expressly stated when the endorsement is extended.
Article 1877.- The ownership of the civil documents that are to the bearer is transferred by the simple delivery of the title.
Article 1878.- The debtor is required to pay anyone who presents and delivers the title to the bearer, unless he has received court order not to make the payment.
Article 1879.- The obligation of the title to the bearer does not disappear, even if it proves that the title entered into circulation against its will.
Article 1880.- The subscriber of the title to the bearer may not object to any exceptions other than those relating to the nullity of the same title, which are derived from his or her text. it has against the carrier to present it.
Article 1881.- The person who has been wrongfully dispossessed of bearer titles, only with a court order may prevent them from being paid to the collection.
Article 1882.- He who without cause is enriched to the detriment of another, is obliged to compensate him for his impoverishment as he has become enriched.
Article 1883.- When you receive something that you did not have the right to demand and that has been wrongly paid for, you have an obligation to return it.
If the misuse consists of a fulfilled benefit, where the recipient proceeds in bad faith, he must pay the current price of that benefit; if he proceeds in good faith, he must pay only equivalent to the enrichment received.
Article 1884.- He who accepts an undue payment, if he has proceeded in bad faith, shall pay the legal interest in the case of capital, or the fruits received and the left of perceiving, of the things that produce them.
In addition, it will answer to the detriment that the thing has suffered for any cause, and of the damages that will be irrogate to the one that delivered it, until it is recovered. He shall not answer the fortuitous case when he has been able to affect in the same way things by being in possession of the one who delivered them.
Article 1885.- If the person who received the thing in bad faith, has it alienated a third party who also has bad faith, the owner may claim it and charge one or other damages and damages.
Article 1886.- If the third party to whom the thing is removed is acquired in good faith, it can only be claimed if the disposal was made free of charge.
Article 1887.- He who in good faith has accepted an undue payment of a certain and certain thing, shall only be liable for the damages or losses of this and his accessions, in the extent to which they were enriched. If it has been alienated, the price will be returned or the action will be transferred to make it effective.
Article 1888.- If the person who received in good faith one thing given in undue payment, has donated it, the donation shall not be subsisting and the grant shall be applied to the donor. previous.
Article 1889.- He who in good faith has accepted an undue payment, has the right to be paid the necessary expenses and to withdraw the useful improvements, if with the separation does not suffer to the detriment of the thing given in payment. If you suffer, you have the right to be paid an amount equal to the increase in value you received with the improvement made.
Article 1890.- It is free from the obligation to reinstate the one who, believing in good faith that the payment was made on behalf of a legitimate and subsisting credit, would have misused the title, left to prescribe the action, abandoning the garments, or cancelled the guarantees of its right. He who pays unduly may only be directed against the actual debtor or the guarantor, in respect of which the action is alive.
Article 1891.- The proof of payment is the one that you intend to have done. He is also in charge of the mistake with which he made it, unless the defendant refuses to have received the thing he is being asked to do. In this case, the submission by the applicant is justified, and is relieved of any other evidence. This does not limit the defendant's right to credit that it was due to what he received.
Article 1892.- It is presumed that there was an error in the payment, when it was delivered that was not due or that was already paid; but the one to whom the return is asked can prove that the surrender was done in the title of liberality or by any other just cause.
Article 1893.- The action to repeat the payment unduly prescribes in one year, counted since the error that originated the payment was known. The only course of five years, counted from the undue payment, makes the right to claim their return lost.
Article 1894.- He who has paid to meet a prescribed debt or to fulfill a moral duty has no right to repeat.
Article 1895.- What has been delivered for the realization of an end that is illegal or contrary to the good customs, will not remain in the power of the one who received it. Fifty per cent will go to Public Beneficence and the other fifty per cent have the right to recover it that delivered it.
Article 1896.- He who without a mandate and without being obliged to do so takes care of another matter, must act according to the interests of the business owner.
Article 1897.- The manager must carry out his/her order with all the diligence he/she employs in his/her own business, and indemnify the damages and damages that for his/her fault or negligence the owner of the goods or businesses he manages is irradiated.
Article 1898.- If management is intended to avoid imminent damage to the owner, the manager responds only to his or her intent or serious misconduct.
Article 1899.- If the management is executed against the owner's actual or presumed will, the manager must repair the damages resulting to him, even if he has not incurred missing.
Article 1900.- The manager still responds to the fortuitous case if he has done risky operations, even if the owner of the business has a habit of making them; or if he has worked more in self-interest that in the interest of the business owner.
Article 1901.- If the manager delegates to another person all or some of the duties of his office, he shall be responsible for the acts of the delegate, without prejudice to the direct obligation of the This is for the business owner.
The responsibility of the managers, when they are two or more, will be in solidarity.
Article 1902.- The manager, as soon as possible, must give notice of his management to the owner and await his decision, unless there is danger in the delay.
If it is not possible to give that warning, the manager must continue its management until the matter is concluded.
Article 1903.- The owner of a subject that has been usefully managed must fulfill the obligations that the manager has contracted in the name of it and pay the expenses of agreement with the forewarned in the following articles.
Article 1904.- Must be paid to the manager for the necessary expenses that he has incurred in the exercise of his office and the corresponding legal interests; but he has no right to collect remuneration for the performance of the management.
Article 1905.- The manager who takes care of an issue against the owner's express will, if the owner takes advantage of the benefit of the management, has an obligation to pay the the amount of the expenditure to which the profits are made, unless the management has been intended to free the owner of a duty imposed in the public interest, in which case he must pay all the necessary costs.
Article 1906.- The pure and simple ratification of the business owner produces all the effects of a command.
Ratification has retroactive effect to the day when the management principle.
Article 1907.- When the owner of the business does not ratify the management, it will only respond to the expenses that it originated, until the concurrence of the advantages obtained from the business.
Article 1908.- When without the consent of the obligation to provide food, the diese a stranger, the latter shall be entitled to claim from that amount, not to be stated that encouragement to do an act of beneficence.
Article 1909.- The funeral expenses provided to the person's condition and to the uses of the locality, must be satisfied to the one who makes them, although the deceased does not have left goods, for those who have had the obligation to feed it in life.
Of The Obligations That Are Born of Unlawful Acts
Article 1910.- He who unlawfully or against good customs causes harm to another, is obliged to repair it, unless he proves that the damage occurred as the victim's inexcusable fault or negligence.
Article 1911.- The incapable that causes harm must be repaired, unless the responsibility lies with the persons of the person in charge, as provided for in Articles 1919, 1920, 1921 and 1922.
Article 1912.- When exercising one right causes harm to another, there is an obligation to indemnify it if it is shown that the right was only military in order to cause the damage, without utility for the right holder.
Article 1913.- When a person makes use of mechanisms, instruments, appliances or dangerous substances by themselves, by the speed they develop, by their nature explosive or flammable, by the power of the electric current which leads or by other analogous causes, it is obliged to respond to the damage which it causes, even if it does not otherwise illicitly, unless it proves that this damage was caused by fault or negligence inexcusable from the victim.
Article 1914.- When without the use of mechanisms, instruments, etc., as referred to in the previous article, and without fault or negligence of any of the parties are produced damages, each shall bear them without the right to compensation.
Article 1915.- The repair of the damage must consist of the choice of the offended in the restoration of the previous situation, where this is possible, or in the payment of damages and damages.
When the damage is caused to the persons and produces death, permanent total incapacity, permanent partial, temporary or partial total, the degree of the repair will be determined taking into account the provisions of the Federal Labour Law. In order to calculate the corresponding compensation will be taken as the basis of the fourfold of the highest daily minimum wage that is in force in the region and will be extended to the number of days that for each of the mentioned disabilities points out the Federal Law. of the Work. In the event of death, the compensation shall correspond to the heirs of the victim.
Compensation claims when the victim is an employee are non-transferable and will preferably be covered in a single exhibition, except for agreement between the parties.
The above provisions will be observed in the case of Article 2647 of this Code.
Article 1916.- For moral harm the affectation is understood that a person suffers in his feelings, affections, beliefs, decorum, honor, reputation, private life, configuration and physical appearance, or in the consideration that of itself have the others. It shall be presumed that there was moral damage when the freedom or physical or mental integrity of the persons is infringed or is unlawful.
When an illegal act or omission produces moral damage, the person responsible for it will have the obligation to repair it by means of compensation in money, regardless of whether it is has caused material damage, both in contractual and non-contractual liability. The same obligation to repair the moral damage shall have an objective responsibility under Article 1913, as well as the State and its public servants, in accordance with Articles 1927 and 1928, all of them of this Code.
The repair action is not transmittable to third parties per act between the living and only passes to the victim's heirs when the victim has attempted the action in life.
The amount of compensation will be determined by the judge taking into account the injured rights, the degree of responsibility, the economic situation of the person responsible, and the victim's, as well as the other circumstances of the case.
When the moral damage has affected the victim in his decorum, honor, reputation or consideration, the judge will order, at the request of the latter and with the responsibility, the publication of a extract from the judgment which adequately reflects the nature and scope of the judgment, through the information media it considers appropriate. In cases where the damage derives from an act which has been disseminated in the media, the judge shall order that they give publicity to the extract of the judgment, with the same relevance as the original broadcast.
Will be subject to the repair of moral damage as established by this order and therefore the conduct described will be considered as facts. illicit:
I. The one who communicates to one or more persons the imputation that is made to another natural or moral person, of a certain or false fact, determined or indeterminate, that may cause him to dishonor, discredit, disservice, or expose him to the contempt of someone;
II. The one who imputes to another a given fact and qualified as a crime by law, if this fact is false, or is innocent the person to whom it is imputed;
III. The person who submits a complaint or a slanderous complaint, such as those in which the author imputes a particular crime, knowing that the person is innocent or that the offence has not been committed, and
IV. To offend the honor, attack the private life or the image of a person.
The repair of the moral damage in relation to the previous paragraph and points shall contain the obligation of the rectification or response of the information disseminated in the the same medium where it was published and with the same space and the same circulation or audience to which the original information was addressed, without prejudice to the provisions of the fifth paragraph of this Article.
The faithful reproduction of information does not give rise to moral damage, even in cases where the information reproduced is not correct and can damage the honor of some person, It does not constitute a liability for which it disseminates such information, provided that the source of where it was obtained is cited.
Article 1916 Bis.- It shall not be obligated to repair the moral damage that exercises its rights of opinion, criticism, expression and information, in the terms and with the limitations of Articles 6o. and 7o. of the General Constitution of the Republic.
In any event, whoever demands the repair of the moral damage for contractual or non-contractual liability must fully credit the legality of the defendant's conduct and the damage which directly caused him to do so.
In no case shall the unfavourable opinions of literary, artistic, historical, scientific or professional criticism be regarded as an offence. Unfavourable opinions performed in the performance of a duty or exercising a right when the method of proceeding or the lack of reservation is not offensive shall not be considered offensive.
Article 1917.- People who have caused damage in common are jointly and severally liable to the victim for the reparation to which they are obliged according to the provisions of this Chapter.
Article 1918.- Morals are responsible for the damages caused by their legal representatives in the exercise of their duties.
Article 1919.- Those who exercise the parental rights are obliged to respond to the damages caused by the acts of minors who are under their power and who live with them.
Article 1920.- The responsibility referred to in the previous article, when minors execute the acts that give rise to it, are under the supervision and Other people's authority, such as school heads, workshops, etc., then these people will assume the responsibility in question.
Article 1921.- The provisions of the two preceding articles are applicable to the guardians, with respect to the disabled under their care.
Article 1922.- Neither parents nor guardians have an obligation to respond to the damages caused by the disabled subject to their care and supervision, if they prove to be that it has been impossible for them to avoid them. This impossibility does not result from the mere circumstance of having happened outside of their presence, if it appears that they have not exercised sufficient vigilance over the incapacitated.
Article 1923.- The master craftsmen are responsible for the damages caused by their operatives in the execution of the works entrusted to them. In this case the provisions of the previous article will also apply.
Article 1924.- Employers and owners of commercial establishments are obliged to respond to the damages caused by their workers to dependents, in the exercise of their duties. This liability ceases if they demonstrate that no fault or negligence can be attributed to them in the commission of the damage.
Article 1925.- Home bosses or hotel owners or lodging houses are required to respond to the damages caused by their servants in the exercise of their duties. your order.
Article 1926.- In the cases provided for in Articles 1923, 1924 and 1925, the person who suffers the damage may demand compensation directly from the person responsible, in the terms of this Chapter.
Item 1927.- (Repeals).
Article 1928.- He who pays the damages caused by his servants, employees, officials and operatives, may repeat what he has paid.
Article 1929.- The owner of an animal will pay for the damage caused by it, if you do not prove any of these circumstances:
I. Who kept it and watched it with the necessary care;
II. That the animal was provoked;
III. That there was recklessness on the part of the offended;
IV. That the event is a fortuitous or force majeure event.
Article 1930.- If the animal that has caused the damage is excited by a third party, the liability is of this and not the owner of the animal.
Article 1931.- The owner of a building is responsible for the damages resulting from the ruin of all or part of it, if it survives for lack of necessary repairs. or by construction services.
Article 1932.- Likewise the owners of the damage caused:
I. For the explosion of machines, or for the inflammation of explosive substances;
II. For smoke or gases that are harmful to people or property;
III. For the fall of its trees, when it is not caused by force majeure;
IV. For the emanations of sewers or deposits of infective materials;
V. For water deposits that moisten the neighbor's wall or spill over the neighbor's property;
VI. By the weight or movement of the machines, by the agglomerations of materials or animals harmful to health or by any cause that does not cause any damage.
Article 1933.- The heads of household who inhabit a house or part of it are responsible for the damage caused by the things that are thrown or falling from it.
Article 1934.- The action to require reparation for damages caused in the terms of this Chapter, shall be prescribed in two years from the day on which the caused the damage.
Article 1934 Bis.- The one that causes damage of the intended in this Chapter to a collectivity or group of persons, will be obliged to indemnify in terms of provided in the Fifth Code of the Federal Code of Civil Procedures.
Article 1935.- Patterns are responsible for accidents at work and for occupational diseases of workers who have been suffered for or in the exercise of occupation or work that they do; therefore, employers must pay the corresponding compensation, depending on whether they have brought about death or simply temporary or permanent incapacity to work. This liability still remains in the event that the employer contracts the work by intermediary.
Article 1936.- It is up to employers to pay the responsibility arising from accidents at work and occupational diseases, regardless of any idea of fault or negligence on their part.
Article 1937.- The pattern will not respond to accidents at work, when the worker voluntarily (not recklessly) produced them.
Modes of Obligations
Of Conditional Obligations
Article 1938.- The obligation is conditional when its existence or resolution depends on a future and uncertain event.
Article 1939.- The condition is suspensive when the existence of the obligation depends on its compliance.
Article 1940.- The condition is resolvable when fulfilled resolves the obligation, returning the things to the state they had, as if that obligation did not exist.
Article 1941.- Fulfilled the condition is rolled back to the time when the obligation was formed, unless the effects of the obligation or resolution, by the will of the parties or by the nature of the act, must be referred to a different date.
Article 1942.- As long as the condition is not met, the debtor must refrain from any act that prevents the obligation from being fulfilled on its occasion.
The creditor can, before the condition is met, exercise all the conservatory acts of his or her right.
Article 1943.- The impossible conditions to give or to do, those prohibited by law or against good customs, annul the obligation that depends on them.
The condition of not doing an impossible thing is unset.
Article 1944.- When compliance with the condition depends on the debtor's exclusive will, the conditional obligation will be null.
Article 1945.- The condition shall be met when the obligor willfully prevent its compliance.
Article 1946.- The obligation contracted under the condition that an event occurs at a fixed time, expires if the term passes without being performed, or since it is undoubted that the condition cannot be met.
Article 1947.- The obligation contracted under the condition that an event is not verified at a fixed time, shall be enforceable if the time passes without checking.
If there is no fixed time, the condition shall be deemed to have been fulfilled after which the person who would have liked to point out, is attentive to the nature of the obligation.
Article 1948.- When the obligations have been contracted under suspension condition, and pending it, it will be lost, will deteriorate or the thing that was the object of the contract, the following provisions shall be observed:
I. If the thing is lost without the debtor's fault, the obligation will be extinguished;
II. If the item is lost due to the debtor's fault, the debtor is liable for damages.
Understand that the thing is lost when it is found in one of the cases mentioned in the article 2021.
III. When the thing deteriorates without the debtor's fault, it fulfills its obligation by giving the thing to the creditor in the state in which the condition is met;
IV. Deteriorating due to the debtor's fault, the creditor may choose between the resolution of the obligation or its compliance, with the compensation of damages in both cases;
V. If the thing is improved by its nature or by the time, the improvements will yield in favor of the creditor;
VI. If it is improved at the expense of the debtor, it will not have this other right than that granted to the usufrutary.
Article 1949.- The ability to resolve the obligations is implied in the reciprocal, in the case that one of the obligors does not comply with what is incumbent upon him.
The injured party will be able to choose between requiring the fulfillment or the resolution of the obligation, with the compensation of damages in both cases. You will also be able to request the resolution even after you have opted for compliance, when this will be impossible.
Article 1950.- The resolution of the contract founded in non-payment by the acquirer of the property of real estate or other real right over the same, shall not arise effect against third party in good faith, if it has not been expressly stipulated and has been registered in the Public Registry in the form prevented by law.
Article 1951.- Regarding movable property, no termination shall take place, except as provided for in the sales in which the buyer is entitled to pay the price in fertilizers.
Article 1952.- If the termination of the contract is dependent on a third party and is intentionally induced to terminate it, it shall be terminated.
From Term Obligations
Article 1953.- It is the term obligation for compliance with a certain day.
Article 1954.- Understand by day a certain one that is necessarily to arrive.
Article 1955.- If the uncertainty consists of whether or not the day is to arrive, the obligation will be conditional and governed by the rules contained in the preceding Chapter.
Article 1956.- The time limit on obligations will be counted in the manner prevented in the items 1176 to the 1180.
Article 1957.- What has been paid in advance cannot be repeated.
If the paying person ignored, when he did so, the existence of the deadline, he will have the right to claim from the creditor the interests or the fruits that he would have perceived of the thing.
Article 1958.- The time limit is presumed to be established in favor of the debtor, unless it results, from the stipulation or circumstances, which has been established in favor of the creditor. or both parties.
Article 1959.- Perdera the debtor every right to use the term:
I. When the obligation is incurred, it shall be insolvent, unless it guarantees the debt;
II. When you do not give the creditor the guarantees that you are committed to;
III. When, by their own acts, they have diminished those guarantees after their establishment, and when, by chance, they disappear, unless they are immediately replaced by other equally secure ones.
Article 1960.- If several solidary debtors are required, the provisions of the preceding article shall only include those which are found in any of the cases in which they are designated.
Of Conjunctive And Alternative Obligations
Article 1961.- The one who has been forced to do various things or facts, together, must give all the first and take all the seconds.
Article 1962.- If the debtor has been forced into one of the facts, or one of two things, or a fact or a thing, he or she is fulfilling any of those facts or things; but he cannot, against the will of the creditor, to lend part of one thing and part of another, or to execute in part a fact.
Article 1963.- In the alternative obligations the choice corresponds to the debtor, if nothing else has been agreed.
Article 1964.- The choice will not produce effect but since it has been notified.
Article 1965.- The debtor shall lose the right of choice when, of the benefits to which he is alternately obliged, only one is practicable.
Article 1966.- If the election is the responsibility of the debtor and some of the things are lost due to his or fortuitous case, the creditor is obliged to receive the one left.
Article 1967.- If the two things have been lost, and one has been because of the debtor's fault, the debtor must pay the price of the last one that was lost. The same will be observed if the two things have been lost due to the debtor's fault, but the debtor will pay the damages.
Article 1968.- If the two things have been lost by chance, the debtor becomes free from the obligation.
Article 1969.- If the election is the responsibility of the creditor and one of the two things is lost due to the debtor's fault, the first person can choose the thing that has remained or the value of the loss with payment of damages.
Article 1970.- If the thing is lost without the debtor's fault, the creditor will be obliged to receive the one that is left.
Article 1971.- If both were lost due to the debtor's fault, the creditor may require the value of any of them with the damages, or the termination of the contract.
Article 1972.- If both things are lost without the debtor's fault, the following distinction will be made:
I. If the choice or designation of the item has already been made, the loss shall be on behalf of the creditor;
II. If the choice has not been made, the contract will be void.
Article 1973.- If the choice is made by the debtor and one of the things is lost due to the creditor's fault, the person may first ask that he be given the obligation to be free of the obligation or to be terminated. the contract, with compensation for damages.
Article 1974.- In the case of the previous article, if the choice is from the creditor, the loss will be satisfied with the loss.
Article 1975.- If the two things are lost because of the creditor's fault and it is the choice, it will be up to him to return the price he wants from one of the things.
Article 1976.- In the case of the previous article, if the choice is made by the debtor, the debtor will designate the item for which the price must be paid, and this price will be tested in accordance with the law in case of disagreement.
Article 1977.- In the cases of the two preceding articles, the creditor is obliged to pay damages.
Article 1978.- If the obligor to lend a thing or execute a fact refuses to do the second and the choice is of the creditor, the creditor may demand the thing or the execution of the done by a third party, in the terms of Article 2027. If the choice is from the debtor, the debtor delivers the thing.
Article 1979.- If the item is lost due to the debtor's fault and the choice is made by the creditor, the creditor may demand the price of the item, the performance of the event or the termination of the contract.
Article 1980.- In the case of the previous article, if the thing is lost without the debtor's fault, the creditor is obliged to receive the benefit of the fact.
Article 1981.- There has been or is no fault in the debtor's loss of the thing, if the choice is his, the creditor is obliged to receive the benefit of the fact.
Article 1982.- If the item is lost or the event is no longer due to the creditor's fault, the obligation is fulfilled.
Article 1983.- The failure to provide the event shall be governed by the provisions of Articles 2027 and 2028.
Of The Mancommuned Obligations
Article 1984.- When there are a plurality of debtors or creditors, dealing with the same obligation, the community exists.
Article 1985.- The simple community of debtors or creditors does not cause each of the first to fully comply with the obligation, nor does it entitle each of the seconds to require full compliance with the same. In this case, credit or debt is considered to be divided in as many parties as debtors or creditors, and each party constitutes a debt or a credit other than each other.
Article 1986.- The parties are presumed equal unless otherwise agreed or otherwise provided by law.
Article 1987.- In addition to the commonwealth, there will be active solidarity, when two or more creditors have the right to demand, each of them, the full compliance of the an obligation; and passive solidarity where two or more debtors report the obligation to provide, each of them, in their entirety, the provision due.
Article 1988.- Solidarity is not presumed; it results from the law or the will of the parties.
Article 1989.- Each of the creditors or all of them together may require from all or any of the debtors, the full or partial payment of the debt. If they claim all of one of the debtors and become insolvent, they can claim it from the others or any of them. If they have claimed only part, or otherwise have consented to the division of the debt, in respect of any or some of the debtors, they may claim the whole of the other obligors, with deduction of the part of the debtor or debtors released from solidarity.
Article 1990.- The payment made to one of the solidary creditors totally extinguishes the debt.
Article 1991.- The novation, compensation, confusion or remission made by any of the solidary creditors, with any of the debtors of the same class, extinguishes the obligation.
Article 1992.- The creditor who has received all or part of the debt, or who has made or removed from it, is liable to the other creditors of the party who These correspond, divided the credit between them.
Article 1993.- If any of the solidary creditors pass away, leaving more than one heir, each of the cohereners will only have the right to demand or receive the part of the credit that corresponds to it in proportion to its hereditary, unless the obligation is indivisible.
Article 1994.- The debtor of several solidary creditors is paid to any of these, unless it has been legally required by any of them, in which case must make the payment to the claimant.
Article 1995.- The debtor shall only be able to use against the creditor's claims, the exceptions arising from the nature of the obligation and those that are personal.
Article 1996.- The debtor in solidarity is responsible for its codebits if it does not enforce the exceptions that are common to all.
Article 1997.- If the thing has perished, or the benefit has been made impossible without the fault of the debtors in solidarity, the obligation shall be extinguished.
If you have mediated the fault of any of them, all will respond to the price and compensation of damages, having the right not guilty to direct your action. against the guilty or negligent.
Article 1998.- If one of the solidary debtors dies leaving several heirs, each of them is obliged to pay the corresponding fee in proportion to their hereditary, except that the obligation is indivisible; but all coherers shall be considered as a single debtor in solidarity, in relation to the other debtors.
Article 1999.- The solidarity debtor who pays the debt in full, has the right to demand from the other co-debtors the party that corresponds to them.
Except convention to the contrary, the solidary debtors are bound to each other by equal parts.
If the party that is responsible for a solidarity debtor cannot be obtained from it, the deficit must be shared among the other solidarity debtors, even among those to whom the creditor have released from solidarity.
To the extent that a debtor in solidarity satisfies the debt, it is subrogated to the rights of the creditor.
Article 2000.- If the business for which the debt has been jointly and severally contracted, it is in no interest other than one of the solidary debtors, it will be responsible for all of the other codebtors.
Article 2001.- Any act that interrupts the prescription in favor of one of the creditors or against one of the debtors, exploits or harms the others.
Article 2002.- When non-compliance with the obligation requires damages, each of the severing debtors will respond in full.
Article 2003.- Obligations are divisible when they are intended to be partially met. They are indivisible if the benefits are not to be met but per integer.
Article 2004.- The solidarity stipulated does not give the obligation the character of indivisible, nor the indivisibility of the obligation makes it solidary.
Article 2005.- The divisible obligations in which there is more than one debtor or creditor shall be governed by the common rules of the obligations; the indivisible in which there is more than a debtor or creditor shall be subject to the following provisions.
Article 2006.- Each of those who have jointly contracted an indivisible debt, is bound by the whole, even if no solidarity has been stipulated.
The same takes place with respect to the heirs of the one who has contracted an indivisible obligation.
Article 2007.- Each of the creditor's heirs may require the complete indivisible execution, obliging them to provide sufficient guarantee for the compensation of the others. Cohereners, but you can't just forgive the total debit, nor receive the value instead of the thing.
If only one of the heirs has forgiven the debt or received the value of the item, the confreir cannot ask for the indivisible thing but instead return the portion of the heir that has forgiven or has received the value.
Article 2008.- Only by the consent of all creditors can the indivisible obligation be referred to or a removal from it.
Article 2009.- The debtor's heir, pressed by the entire obligation, may ask for a term to make his or her coherers present, provided the debt is not such a nature that can only be satisfied by the defendant heir, who can then be convicted, leaving his or her rights to compensation against their coherers.
Article 2010.- Pierts the quality of indivisible, the obligation that is resolved in the payment of damages and, then, the following rules will be observed:
I. If for this conversion there was a fault on the part of all debtors, all will respond to the damages and damages in proportion to the interest they represent in the obligation;
II. If only some were guilty, only they will respond to the damages.
Of The Giving Obligations
Article 2011.- The benefit of such a thing can consist of:
I. In the domain translation of a certain thing;
II. In the temporary disposal of the use or enjoyment of a certain thing;
III. In the restitution of something outside or payment of a due thing.
Article 2012.- The creditor of a certain thing cannot be forced to receive another even when it is of greater value.
Article 2013.- The obligation to give a certain thing also includes the obligation to deliver its accessories; unless the contrary results from the title of the obligation or the circumstances of the case.
Article 2014.- In the course of certain and certain things, the translation of the property is verified among the contractors, by mere effect of the contract, without Dependence on tradition is either natural or symbolic; the relative provisions of the Public Registry must be taken into account.
Article 2015.- In the enajenations of some species, the property will not be transferred until the moment when the thing becomes true, and determined with knowledge of the creditor.
Article 2016.- In the case of the preceding article, if the quality of the item is not designated, the debtor delivers a medium-quality one.
Article 2017.- In cases where the obligation to give a certain amount the translation of the property of that thing, and is lost or impaired in the power of the debtor, will be observed the following rules:
I. If the loss was due to the debtor's fault, it will respond to the creditor for the value of the thing and for the damages;
II. If the item is impaired due to the debtor's fault, the creditor may choose to terminate the contract and pay damages, or receive the item in the state that is located and require the reduction of the price and the payment of damages;
III. If the item is lost due to the creditor's fault, the debtor is free from the obligation;
IV. If it is damaged by the creditor's fault, the creditor has an obligation to receive the item in the state in which it is located;
V. If the thing is lost by chance or force majeure, the obligation has no effect and the owner suffers the loss, unless otherwise agreed.
Article 2018.- The loss of the item held by the debtor is presumed to be his fault for as long as it is not proven otherwise.
Article 2019.- When the debt of a certain and certain item proceeds from crime or fault, the debtor shall not be exempted from the payment of its price, whatever the reason of the loss; unless, having offered the thing to which it should have received it, it is constituted in arrears.
Article 2020.- The debtor of a lost or impaired thing through no fault of his own, is obliged to give to the creditor how many rights and actions he has to claim compensation for who is responsible.
Article 2021.- The loss of the thing can be verified:
I. Perishing the thing or running out of commerce;
II. Disappearing so that there is no news of it or that even if any, the thing cannot be regained.
Article 2022.- When the obligation to give object is a thing designated only by its gender and quality, after the thing is individualized by the choice of the debtor or the creditor, shall apply, in the event of loss or deterioration, the rules set out in Article 2017.
Article 2023.- In cases of disposal with reservation of possession, use or enjoyment of the thing up to a certain time, the following rules shall be observed:
I. If there is an express convention, it will be stipulated;
II. If the loss is due to any of the contractors, the amount shall be the responsibility of the contractor;
III. In the absence of agreement or fault, each person concerned shall suffer the loss which corresponds to him, in all if the thing is wholly or partly lost if the loss is only partial;
IV. In the case of the preceding fraction, if the loss is partial and the parties do not agree on the reduction of their respective rights, experts shall be appointed to determine it.
Article 2024.- In contracts where the provision of the thing does not amount to the translation of the property, the risk will always be of the creditor's account, unless it intervenes fault or negligence of the other party.
Article 2025.- There is guilt or negligence when the obligor executes acts contrary to the conservation of the thing or stops executing those that are necessary for it.
Article 2026.- If several are forced to lend the same thing, each of them will respond, proportionally, except in the following cases:
I. When each of them has been jointly and severally obliged;
II. Where the provision consists of a certain and determined thing which is held by one of them, or when it is in fact dependent that only one of the obliged can provide;
III. When the obligation is indivisible;
IV. When the contract has been determined otherwise.
Of Do or Not Do Obligations
Article 2027.- If the obligor to render a fact does not, the creditor has the right to ask that at the cost of that one be executed by another, when the substitution is possible.
This will be observed if I do not do so in the agreed manner. In this case the creditor may request that the bad done be undone.
Article 2028.- The one who is obliged to do nothing, will be subject to the payment of damages in case of violation. If there is material work, the creditor may be required to be destroyed at the expense of the obligor.
From Transmission of Obligations
Of Rights Cession
Article 2029.- There will be a transfer of rights when the creditor transfers to another person who has against his debtor.
Article 2030.- The creditor may assign his or her right to a third party without the debtor's consent, unless the assignment is prohibited by law, it has been agreed not to make it or does not allow the nature of the right.
The debtor cannot claim against the third party that the right could not be transferred because it had been agreed upon, when that convention is included in the title constitutive of the law.
Article 2031.- In the cession of credit, the provisions relating to the legal act of origin shall be observed, in so far as they are not modified in this Chapter.
Article 2032.- The assignment of a credit comprises that of all ancillary rights such as bail, mortgage, garment or privilege, except those that are inseparable from the person from the transferor.
Due interest is presumed to have been transferred with the principal credit.
Article 2033.- The assignment of non-order or bearer civil credits can be made in private written form that will be signed by transferor, transferee, and two witnesses. Only when the law requires that the title of the given credit be recorded in public deed, the assignment must be made in this class of document.
Article 2034.- The assignment of credits other than to the order or the carrier does not produce any effects against the third party, but since its date must be taken for granted, according to the The following rules:
I. If you have a credit for which you must register, from the date of your registration, in the Public Registry of the Property;
II. If done in public writing, from the date of its grant;
III. If this is a private document, from the day it is incorporated or entered in a Public Registry; from the death of any of those who sign it, or from the date when it is handed over to a public official by reason of their trade.
Article 2035.- When it is not a matter of securities to the order or the bearer, the debtor may oppose to the transferee the exceptions that could be opposed to the transferor at the time it is does the assignment.
If you have against the transferor a credit not yet payable when the assignment is made, you may invoke the compensation as such that your credit is not payable after the ceded.
Article 2036.- In the cases referred to in Article 2033, in order for the transferee to exercise his or her rights against the debtor, he must make the transfer, whether judicially, in the extra-judicial, to two witnesses or to a notary.
Article 2037.- Only have the right to ask for or make the notification, the creditor who submits the evidence of the credit, or that of the assignment, when that is not required.
Article 2038.- If the debtor is present to the cession and does not object to it, or if the debtor has accepted it, and this is proved, the notification shall be made.
Article 2039.- If the credit has been transferred to several transferee, it takes precedence that the loan has first been notified to the debtor, except as provided for register.
Article 2040.- As long as the debtor has not been notified, the debtor is paid to the primitive creditor.
Article 2041.- Hecha the notification, the debtor is not spared but paying the transferee.
Article 2042.- The transferor is required to ensure the existence or legitimacy of the credit at the time of the transfer, unless the loan has been transferred to the doubtful.
Article 2043.- With the exception of the titles to the order, the transferor is not required to guarantee the creditworthiness of the debtor, unless it is expressly stipulated that the insolvency is public and prior to the transfer.
Article 2044.- If the transferor has become liable for the creditworthiness of the debtor, and no time shall be fixed for this liability to last, it shall be limited to one year, from the date on which the debt is payable, if it is due, if it is not, it shall be counted from the due date.
Article 2045.- If the transferred credit consists of a perpetual income, the liability for the debtor's solvency is extinguished at five years, counted from the date of the assignment.
Article 2046.- The one who gives up the totality of certain rights in a light or balloon way, complies with the legitimacy of the whole in general; but it is not obliged to the reorganisation of each of the parties, except in the case of eviction of the whole or of the majority.
Article 2047.- He who yields his right to an inheritance, without listing the things that it is composed of, is only obliged to respond to his quality of heir.
Article 2048.- If the transferor has taken advantage of some fruits or has perceived some of the inheritance that it will give, it must be paid to the transferee, if it has not been agreed otherwise.
Article 2049.- The transferee must, for its part, satisfy the transferor all that it has paid for the debts or burdens of the inheritance and its own credits against it, except if have agreed otherwise.
Article 2050.- If the transfer is free, the transferor shall not be liable to the transferee, nor for the existence of the credit, nor for the creditworthiness of the debtor.
From Deudas Cession
Article 2051.- For the replacement of the debtor it is necessary for the creditor to consent expressly or tacitly.
Article 2052.- The creditor is presumed to consent to the replacement of the debtor, when it allows the substitute to execute acts to be executed by the debtor, as payment of revenue, partial or periodic payments, provided that it does so in its own name and not on behalf of the original debtor.
Article 2053.- The creditor who exonerates the former debtor, accepting another one in his place, cannot repeat against the former, if the new one is insolvent, except for
Article 2054.- When the debtor and the person seeking to replace him set a deadline for the creditor to express his/her conformity with the substitution, the time limit is passed without the creditor has made known his determination, is presumed to refuse.
Article 2055.- The surrogate debtor is bound by the terms in which the original debtor was; but when a third party has provided bond, pledge or mortgage to guarantee the debt, these guarantees cease with the substitution of the debtor, unless the third party consents to continue.
Article 2056.- The substitute debtor may object to the creditor for exceptions arising out of the nature of the debt and for which they are personal; but he cannot oppose the they are personal to the primitive debtor.
Article 2057.- When the debtor substitution is declared null, the old debt is reborn with all its accessories; but with the reservation of rights belonging to the third party of good faith.
Article 2058.- Subrogation is verified by law ministry and without any need for any statement of interest:
I. When the creditor pays another preferred creditor;
II. When the one who pays has legal interest in the enforcement of the obligation;
III. When an heir pays with his own assets some inheritance debt;
IV. When the person acquiring a property pays a creditor who has on him a mortgage credit prior to the acquisition.
Article 2059.- When the debt is paid by the debtor with money that a third party will lend to it, the lender will be subrogated by law ministry in the the rights of the creditor, if the loan shall be authentic in that the money was declared to be borrowed for the payment of the same debt. For lack of this circumstance, he who lent will only have the rights to express his or her respective contract.
Article 2060.- There will be no partial subrogation in indvisible solution debts.
Article 2061.- The payment of the subrogates in various portions of the same credit, when the debtor's assets are not sufficient to cover all of them, will be done on a pro rata basis.
Effects of Obligations
I.-Effects of Obligations between Parties
Compliance with the Obligations
Article 2062.- Payment or compliance is the delivery of the item or amount due, or the provision of the service that has been promised.
Article 2063.- The debtor may assign his assets to creditors in payment of their debts. This assignment, unless otherwise agreed, only frees the person responsible for the liquid amount of the assets transferred. The agreements on the effect of the transfer shall be concluded between the debtor and his creditors, subject to the provisions of the Title relating to the concurrency and the ranking of the claims.
Article 2064.- The obligation to provide any service may be fulfilled by a third party, except in the case where it was established, by express agreement, that the personally the same person, or when his or her special knowledge or personal qualities have been chosen.
Article 2065.- Payment may be made by the same debtor, by its representatives or by any other person who has legal interest in the performance of the obligation.
Article 2066.- You may also be made by a third party not interested in the fulfilment of the obligation, which is covered by the debtor's express or alleged consent.
Article 2067.- It can also be done by a third party by ignoring the debtor.
Article 2068.- You can, finally, be against the will of the debtor.
Article 2069.- In the case of Article 2066, the provisions relating to the mandate shall be observed.
Article 2070.- In the case of Article 2067, he who made the payment shall only be entitled to claim to the debtor the amount which he has paid to the creditor, if he consents to receive less than due.
Article 2071.- In the case of Article 2068, the one who made the payment shall only be entitled to charge from the debtor that in which the payment has been useful.
Article 2072.- The creditor is obliged to accept the payment made by a third party; but he is not obliged to subdue him in his rights, outside of the cases provided for in the articles 2058 and 2059.
Article 2073.- Payment must be made to the same creditor or his legitimate representative.
Article 2074.- The payment made to a third party shall terminate the obligation, if it has been stipulated or consented to by the creditor, and in cases where the law determines it expressly.
Article 2075.- The payment made to an incapacitated person to administer his assets shall be valid as soon as it has become its utility.
The payment made to a third party will also be valid as soon as it has become the creditor's utility.
Article 2076.- The payment made in good faith to which you were in possession of the credit, will free the debtor.
Article 2077.- The payment made to the creditor by the debtor shall not be valid after the judicially ordered debt retention.
Article 2078.- The payment must be made in the manner that has been agreed upon; and may never be partially made but by virtue of an express agreement or provision of law.
However, when the debt has a liquid part and another illiquid, it may require the creditor and make the debtor the payment of the first one without waiting for the latter to be liquidated.
Article 2079.- Payment shall be made in the time designated in the contract, except in cases where the law expressly permits or prevents otherwise.
Article 2080.- If the time has not been set for the payment to be made and it is a question of giving, the creditor will not be able to demand it but after the thirty days The following is the question of the interpellation that is made, already judicially, in the extrajudicial, before a notary or before two witnesses. In the case of obligations to be made, payment must be made where the creditor so requires, provided that the time required for the fulfilment of the obligation has elapsed.
Article 2081.- If the debtor would like to make advance payments and the creditor will receive them, he/she will not be required to make discounts.
Article 2082.- As a general rule, payment must be made at the debtor's domicile, unless the parties agree otherwise, or the parties may reverse the payment. circumstances, the nature of the obligation or the law.
If multiple places have been designated to make the payment, the creditor can choose any of them.
Article 2083.- If the payment consists of the tradition of a real estate or property relating to the building, it must be done in the place where it is located.
Article 2084.- If the payment consists of a sum of money as the price of something in the creditor, it must be done at the place where the item was delivered, except Another location is designated.
Article 2085.- The debtor who after the contract has voluntarily moved from home, must indemnify the creditor of the highest expenses he makes for this cause, to get the payment.
In the same way, the creditor must indemnify the debtor when the payment is made at the domicile of the debtor, voluntarily changes his domicile.
Article 2086.- The delivery costs shall be taken into account by the debtor, if nothing else has been stipulated.
Article 2087.- Not valid payment is valid; but if the payment has been made with an amount of money or other consumable thing, there will be no repetition against the a creditor who has consumed it in good faith.
Article 2088.- The paying debtor has the right to demand the document that credits the payment and can stop it while it is not delivered to it.
Article 2089.- When the debt is pension that must be satisfied in specified periods, and the payment of the last one is credited, the paid is paid the above, unless otherwise tested.
Article 2090.- When the capital is paid without reservation of revenue, it is presumed that these are paid.
Article 2091.- The delivery of the title made to the debtor makes the payment of the debt constant at that time.
Article 2092.- The one that you have against several debts in favor of a single creditor, you can declare, at the time of making the payment, which of them you want it to apply.
Article 2093.- If the debtor does not make the said declaration, the payment shall be deemed to be made on behalf of the debt that is most onerous to the debtor. Under equal circumstances, it shall apply to the oldest; and all of the same date shall be distributed among all of them on a pro rata basis.
Article 2094.- The amounts paid on account of interest-bearing debts shall not be charged to the capital as long as the interest has expired and is not paid, except for
Article 2095.- The obligation is extinguished when the creditor receives in payment a different thing instead of due.
Article 2096.- If the creditor suffers from the eviction of the thing he receives in payment, the primitive obligation will be reborn, leaving the dation in payment without effect.
Payment and Consignation Offering
Article 2097.- The offering followed by the consignment makes payment times, if it meets all the requirements that the law requires.
Article 2098.- If the creditor refuses without fair cause to receive the due benefit, or to give the supporting document for payment, or if he is an uncertain person or unable to receive, The debtor may be released from the obligation by making the consignment.
Article 2099.- If the creditor is known, but doubtful, his rights may be deposited by the debtor, with a summons from the person concerned, in order to justify his rights by legal means.
Article 2100.- The consignment shall be followed by the procedure laid down in the Code of Matter.
Article 2101.- If the judge declares the creditor's opposition to receive payment, the offer and the consignment are not made.
Article 2102.- Approved by the judge, the obligation is extinguished with all its effects.
Article 2103.- If the offering and consignment have been made legally, all expenses will be taken into account by the creditor.
Incompliance with the Obligations
Consequences of Failure Compliance
Article 2104.- The person who is obliged to lend a fact and will cease to lend or not lend it in accordance with the agreed upon, shall be liable for damages in the Following terms:
I. If the obligation is a term, the liability shall begin from the expiration of the term;
II. If the obligation does not depend on a certain period of time, the provisions of the final part of Article 2080 shall be observed.
The one that contravenes an obligation not to do pay damages for the only fact of the violation.
Article 2105.- In the obligations to give the fixed term, the provisions of section I of the previous article shall be observed.
If they do not have a certain period of time, the provisions of Article 2080 shall.
Article 2106.- The liability arising from dolo is payable on all obligations. The renunciation of making it effective is null.
Article 2107.- The responsibility in this Title, in addition to importing the return of the item or its price, or the entry, if any, will import the repair of the damages and damages.
Article 2108.- The loss or impairment of the property is understood as damage due to the failure to comply with an obligation.
Article 2109.- Reputation of the deprivation of any lawful gain, which should have been obtained with the fulfilment of the obligation.
Article 2110.- The damages must be immediate and direct consequence of the failure to comply with the obligation, whether they have been caused or necessarily must be caused.
Article 2111.- No one is obliged to the fortuitous case but when he has given cause contributed to him, when he has expressly accepted that responsibility, or when the law is imposes.
Article 2112.- If the thing has been lost, or has suffered such a serious detriment that, in the judgment of experts, it cannot be used in the use to which it is naturally intended, the owner must be compensated for all the legitimate value of it.
Article 2113.- If the deterioration is less severe, only the amount of the impairment will be paid to the owner upon the return of the item.
Article 2114.- The price of the thing will be the one that would have the time to be returned to the owner, except in cases where the law or the covenant pointed out another time.
Article 2115.- When estimating the deterioration of one thing, not only will the decrease that caused the price of it, but also the expenses that are required by the repair.
Article 2116.- When setting the value and deterioration of a thing, it will not be treated at the price or estimate price, unless it is proven that the person responsible destroyed or damaged the in order to hurt the owner's feelings or affections; the increase in such causes shall be determined in accordance with the provisions of Article 1916.
Article 2117.- Civil liability may be regulated by agreement of the parties, except in cases where the law expressly provides otherwise.
If the benefit consists in the payment of a certain amount of money, the damages resulting from the lack of compliance, shall not exceed the legal interest, except for to the contrary.
Article 2118.- The payment of the court costs shall be borne by the failure to comply with the obligation, and shall be made in the terms established by the Code of Civil Procedures.
Of Eviction and Sanitation
Article 2119.- There will be eviction when the one who acquired anything is deprived of all or part of it by judgment that causes execution, due to some right before the acquisition.
Article 2120.- Everyone who is alien is obliged to respond to the eviction, even if nothing has been expressed in the contract.
Article 2121.- The contractors may conventionally increase or decrease the effects of the eviction, and still agree that it is not provided in any case.