FEDERAL CIVIL PROCEDURE CODE
Last Reform Published DOF 09 April 2012
On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.
MANUEL AVILA CAMACHO, Constitutional President of the United Mexican States, to its inhabitants, known:
That the H. Congress of the Union has served to address the following
D E C R E T O:
" The Congress of the United Mexican States, decrees:
FEDERAL CIVIL PROCEDURE CODE
People who can intervene in a court procedure
ARTICLE 1º.-You can only initiate a judicial procedure or intervene in it, who has an interest in the judicial authority declaring or constituting a right or impose a conviction, and whoever has the opposite interest.
Will act, in the trial, the same stakeholders or their representatives or proxies, in the terms of the law. In any event, the procedural effects shall be the same, unless otherwise prevented.
Except for the above paragraphs, where the right or interest in question is diffuse, collective or individual of collective incidence. In such cases, it may be exercised collectively, in terms of the provisions of the Fifth Book of this Code.
ARTICLE 2.- When there is transmission, to a third party, of the interest of the previous article, it will cease to be a party that has lost interest, and it will be acquired.
Such transmissions do not affect the judicial procedure, except in cases where they make the matter of the dispute disappear, due to confusion, substantial interest.
ARTICLE 3.- The reciprocal relations of the parties, within the process, with their respective faculties and obligations as well as the terms, resources and all manner of means This Code grants to assert, the contenders, their claims in the litigation, cannot undergo modification, in any sense, by virtue of laws or statutes relating to the way of functioning or of being special of one of the parts, defendant. In any case, it should be observed that the rule of equality of the parties within the process should be protected, so that its course would be the same even if the papers of the litigants were reversed.
ARTICLE 4.- The institutions, services and dependencies of the Public Administration of the Federation and of the Federative Entities, will have within the judicial procedure, in any form in which they intervene, the same situation as any other party; but it may never be issued, against them, a warrant for execution or a provision of attachment, and shall be exempt from providing the guarantees required by this Code of parts.
The decisions rendered against them shall be completed by the authorities concerned, within the limits of their powers.
The intervention that, in various cases, orders the law to be given to the Public Ministry, will not take place when, in the procedure, the Attorney General of the Republic or one of the of its Agents, with any character or representation.
ARTICLE 5.- Whenever a party, within a judgment, is composed of different persons, it must have a single representation, for which the interested parties will be appointed common representative.
If this is the case, the appointment of a representative will be made in the application or in the first promotion, without which, you will not be given a course.
If the defendant is in demand, the appointment shall be made within three days of the expiry of the term of the last of the members, in order to answer the request.
When the multiplicity of persons arises at any other time of the trial, the appointment of a common representative must be made within five days, from the first act a procedural document in which the person is aware of such a multipleicity.
If the appointment is not made by the interested parties, within the corresponding term, it will, of its own motion, do so by the Court of interest.
The representative is obliged to enforce all the actions or exceptions common to all the persons concerned and to the personal of each of them; but, if they do not take care of them To know the representative in a timely manner, is free of all responsibility for the omits.
The common representative will have all the powers and obligations of a judicial representative.
ARTICLE 6.- The changes in the procedural representative of a party do not cause any harm to the contrary, as long as they are not judicially known. Nor shall the changes operated on the contrary, by relations from causing causative to causative, to some extent, until they are made known in the same way.
When these changes are verified in violation of the provisions of the preceding paragraph, the procedural activity will be developed and will produce its effects with all validity, as if not If the change is not made, it will not be known judicially.
Obligations and responsibilities of the parties
ARTICLE 7.- The party that loses must reimburse its opposite the costs of the process.
It is considered that you lose a party when the court welcomes, in whole or in part, the claims of the opposing party.
If two parties lose reciprocally, the court may exonerate them from the obligation imposed by the first paragraph, in whole or in part; it may impose a partial refund against one of According to the reciprocal proportions of the losses.
The costs of the process consist of the sum which, according to the court's assessment and in accordance with the tariff provisions, should have been or should have been paid out by the winning party, excluding the expense of any act and form of defense considered superfluous.
All useless expenditure is borne by the party that has caused it, whether it wins or loses the trial.
ARTICLE 8.- The party that loses will not be ordered to pay the costs, if the lack of voluntary composition of the controversy is not attributable to it, and, moreover, limited its action, in the development of the process, to the strictly necessary to make possible the definitive resolution of the business.
It is understood that the lack of voluntary composition of the controversy is not attributable to the party.
I.- When the law orders it to be decided by judicial authority;
II.- When it consists of a mere question of dubious law, or in replacing the judicial arbitration with the wills of the parties, and
III.- Dealing with the defendant, when she has been called to judgment without need.
ARTICLE 9º.- In any case where this Code requires the granting of a guarantee, it shall be granted subject to the provisions of the applicable substantive laws.
When there is a well-founded fear that a party may not be able to respond to the payment of the costs, at the request of the contrary, it will be required to guarantee fairly, in the judgment of the court, Or, if they do not grant it, sufficient goods will be taken on board to obtain, if necessary, the payment of those goods. The procedures are applicable and the counter-guarantees of the precautionary measures should be required.
ARTICLE 10.- When several persons or parties lose, the court shall distribute, among them, in proportion to their respective interests, the burden of the costs, the amount shall be distributed among the parties or persons who have obtained it, also in proportion to their respective interests.
ARTICLE 11.- In the conflicts of Powers, and in any case where the dispute is established exclusively between federal entities, or between them and the Federation, there shall be no place to costs, whether they have been caused or not. Each party shall be responsible for its own expenditure.
ARTICLE 12.- They do not influence, on the competition, changes in the state of fact that take place after the site is verified.
ARTICLE 13.- In the absence of the judges, magistrates or normally competent ministers, they will know about the business which should replace them according to the Organic Law of Power Judicial of the Federation.
ARTICLE 14.- No court can refuse to hear about a matter, but to consider itself incompetent. The car in which a judge will refuse to know, is appealable.
ARTICLE 15.- No judge can hold jurisdiction with his court of appeal; but with another judge or tribunal that, even higher in degree, does not exercise over jurisdiction.
ARTICLE 16.- The parties may desist from a competition before or after the transfer of the cars to the superior, if it is a competition for territory.
ARTICLE 17.- It is void of full right as acted by the court that is declared incompetent, saves disposition contrary to the law.
In cases of super-veneal incompetence, nullity only operates from the moment the incompetence overcame.
Notwithstanding this nullity, the parties may agree to recognize as valid all or some of the actions practiced by the court declared incompetent.
Competition by matter
ARTICLE 18.- The business of the jurisdiction of the Supreme Court of Justice, with the exception of the procedures of amparo, will always be seen by the Full Court, in a single instance. The remaining federal competition businesses, when there is no special law, will be seen by the District Courts, in the first degree, and, on appeal, before the Circuit Courts, in the terms in which the appeal is brought, in accordance with the provisions of this order.
If within a business of the local order or of the jurisdiction of a federal court of special organization, an interest of the Federation is asserted in the form of a terceria or any another way, it will cease the competition from which you are aware, and will pass the business to the Supreme Court of Justice or the District Court that corresponds, depending on the nature of the interest of the Federation. Inversely, the interest of the Federation in a business, or definitively resolved the question that it mattered, will cease the competition of the ordinary courts of the Federation.
ARTICLE 19.- The District Courts have the material competence that in detail attributes to them the Organic Law of the Judicial Branch of the Federation.
ARTICLE 20.- The Circuit Courts will be aware of the second instance of the District Court's competition business.
ARTICLE 21.- In the case of counterclaim, it is a competent judge that is the one to know about the original claim. The same precept applies to the case of third-party third-party.
ARTICLE 22.- For preparatory acts, the judge who is responsible for the main business is competent. The same precept applies to the precautionary measures. If the cars are in the second instance, the judge who first met is competent. The same is available for any implementing act.
ARTICLE 23.- The territorial jurisdiction is extendable by mutual consent of the express or tacit parties.
There is tacit extension:
I.- On the part of the actor, by the fact of taking place in the court, bringing their suit;
II.- On behalf of the defendant, for answering the claim and for reclaiming the actor, and
III.- On the part of any of the interested parties, when you desist from a competition.
ARTICLE 24.- For territory reason is competent court:
I.- The place the defendant has appointed to be judicially required to comply with its obligation;
II.- The place of the agreed place for compliance with the obligation;
III.- The location of the thing, dealing with real actions on buildings or controversies arising from the lease. If things are situated in, or cover two or more territorial constituencies, the knowledge of the business shall be relevant;
IV. The defendant's domicile, dealing with real actions on furniture or personal, collective or civil status actions;
V.- The place of the debtor's domicile, in the event of a contest.
It is also competent the court that it deals with this fraction to hear about the trials followed against the court, in which the judgment of the court of justice is not given yet. The Court of Justice held that the Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of Justice held that the Court of First Instance held that the Court of First Instance had failed to act. The judgment sentenced to be accumulated, will only be for the purposes of the graduation of the credit returned indisputable by the judgment;
VI.- The place where the author of the succession has had his domicile, at the time of his death, in the case of hereditary judgments; in the absence of that domicile, he shall have jurisdiction in the location of the estate's succession, observing, in the In the case of a lack of domicile and real estate, the place of death of the author of the estate is competent.
The court is also competent to deal with this fraction, to know:
a).- Of the inheritance request actions;
b).- Of actions against succession, before the partition and adjudication of the goods, and
c).- Of the actions of nullity, rescission and eviction of the hereditary partition;
VII.- The place where an inscription was made in the Public Registry of the Property, when the action that is entered has no more object than to decree its cancellation;
VIII.- In acts of voluntary jurisdiction, it saves the contrary provision of the law, is a competent judge of the domicile of which it promotes; but, if it is real estate, it is the place where they are located, observing, in the applicable, the disposed in the fraction III.
Where a number of courts are competent in accordance with the above provisions, in the event of a conflict of jurisdiction it shall be decided in favour of knowledge, and
IX.- In the case of judgments in which the defendant is an indigenous person, he shall be the competent judge of the place where the defendant is domiciled; if both parties are indigenous, be the judge exercising jurisdiction in the applicant's domicile.
ARTICLE 25.- In business relating to the protection of minors or disabled persons, it is the competent judge of the residence of the minor or incapacitated.
ARTICLE 26.- To supplement the consent of the exercise of the parental authority, and to know of the impediments to the marriage, it is the competent judge of the place in which have submitted their application for the suitors.
ARTICLE 27.- To supply the marital license and to know of the marriage annulment trials, it is the competent judge of the marital domicile.
The judge himself is competent to know about the business of divorce and, in the case of abandonment of the household, it will be that of the domicile of the abandoned spouse.
Of competencies between federal courts
ARTICLE 28.- The jurisdiction between two or more federal courts will be decided upon as applicable, as provided in the previous section.
ARTICLE 29.- When, at the place where the trial is to be followed, there are two more federal courts, the one with which the actor chooses.
Of competencies between federal and state courts
ARTICLE 30.- The powers between the federal courts and those of the States, will be decided by declaring the jurisdiction of the jurisdiction, and the file will be sent to the judge or tribunal which he obtained.
ARTICLE 31.- This resolution does not prevent another or other judges of the jurisdiction from which he or she belongs, who may be able to initiate competition to know about the same business.
Of competencies between the courts of two or more States
ARTICLE 32.- When the laws of the States whose judges compete, they have the same disposition in respect of the contested jurisdictional point, according to them the competence.
ARTICLE 33.- In the event that those laws are in conflict, the powers to be promoted by the judges of one State to the other shall be decided in accordance with the second section of this chapter.
Substantiation of competencies
ARTICLE 34.- Competitions of competencies may be promoted by inhibitions or by decline.
The inhibitory shall be sought before the judge or tribunal to whom it is deemed competent, asking him to direct his or her own office, so that it may be inhibited and sent to him.
The declinatory will be proposed before the judge or tribunal to whom it is considered incompetent, asking it to resolve not to know about the business, and to refer the cars to the competent one. The decline will be promoted and substantially incidental.
In no case will competition contests be promoted.
ARTICLE 35.- When two or more courts refuse to hear about a particular business, the interested party will take the case to the Supreme Court of Justice, without the need to exhaust them. (b) ordinary resources before the immediate superior, in order to order those who refuse to know to be sent the files in which their respective resolutions are contained.
The cars will be received from them, for five days, to the Federal Public Ministry, and, whatever, the resolution will be issued, within the same term.
ARTICLE 36.- The court before whom it is promoted will send the court, requiring the person who considers it incompetent, to stop knowing about the business, and to forward the cars. The resolution that denies the requirement is appealable.
If the inhibitor is promoted to the second instance, the resolution that denies the requirement does not support any recourse.
After the requested court receives the inhibitory trade, it will agree to the suspension of the procedure, and within five days, it will decide whether or not to accept the inhibitory. If the parties are satisfied that they are notified of the provision that accepts the inhibition, they shall forward the orders to the court. In any other case, it will refer the cars to the Supreme Court, thus communicating the case to the applicant, so that it does the same thing.
Received the cars in the Supreme Court, it will be transferred, for five days, to the Federal Public Ministry, and, whatever it is, it will resolve within the same period.
Determined the competition, the cars will be sent to the court declared competent, with testimony of the judgment, from which another will be referred to the court declared incompetent.
ARTICLE 37.- The litigant who has opted for one of the two means of promoting a competition, will not be able to abandon it and turn to the other, nor will he be able to use them successively.
ARTICLE 38.- Every court is obliged to suspend its proceedings after it has issued the injunction or after it receives it. It will also suspend its proceedings after the decline is promoted, without prejudice to the fact that, in urgent cases, it can practice all the necessary measures.
ARTICLE 39.- Fixed the jurisdiction of a judge, magistrate or minister, in accordance with the provisions of the preceding chapter, to know of the business in which it has been established, if not found in the following cases of impairment:
I.- Having direct or indirect interest in the business;
II.- Having said interest your spouse, your blood relatives in a straight line, without limitation of degree, the collateral within the room and the like within the second;
III.- Have, the official concerned, their spouse or their children, relationship of intimacy with any of the persons concerned, born of some religious or civil act, sanctioned or respected by the custom;
IV.- Be a relative, by consanguinity or affinity, of the lawyer or prosecutor of any of the parties to the same degrees as the fraction II refers to;
V.- To be, he, his or her spouse or any of his/her heir, legatary, donor, donor, partner, creditor, debtor, fiado, guarantor, tenant, landlord, principal, dependent or habitual diner of any of the parties, or current administrator of his/her goods;
VI.- Having made promises or threats, or otherwise manifested their hatred or affection for any of the litigants;
VII.- Have assisted living cohabitants that I will give or pay especially for the one of the litigants, after starting the business, or have a lot of familiarity with some of them, or live with him, in his company, in the same house;
VIII.- Admit, he, his or her spouse or any of their children, gifts or services from one of the parties, after the start of the business;
IX.- Have been a lawyer or solicitor, expert or witness, in the business in question;
X.- Having, for any other reason, being a judicial officer, your opinion, before the judgment;
XI.- Have known as a judge, magistrate or minister, arbitrator or adviser; resolving any point that affects the substance of the matter, in the same instance or in some other;
XII.- Follow, the or any of the persons in question the II fraction, against any of the parties, a civil process, as an actor or defendant, or a criminal cause, such as accuser, plaintiff or whistleblower;
XIII.- Have been, either of the parties or their lawyers or employers, the complainant, the complainant or the accuser of the official concerned or of any of the persons mentioned in the II fraction;
XIV.- Be, he or any of the persons in question the II fraction, contrary to any of the parties, in administrative business that affects their rights;
XV.- Follow, the or any of the persons in question the II fraction, any civil or criminal proceedings in which it is a judge, agent of the Public Ministry, arbitrator or arbitor, any of the litigants;
XVI.- Be a guardian or curator of any of the stakeholders, and
XVII.- Be in a situation which may affect its impartiality in the same or more serious manner as those mentioned.
ARTICLE 40.- No opinion shall be externalized by decisions given to fix the procedure or to resolve incidental or other issues, other than knowledge of the fund of the question.
ARTICLE 41.- The provisions of Article 39 are applicable to implementing secretaries and ministers.
ARTICLE 42.- It is not applicable to judges, magistrates or ministers, as provided for in Article 39, in the following cases:
I.- In the preparatory proceedings of the trial or execution;
II.- In the fulfillment of exhorts or dispatches;
III.- In the proceedings of mere execution, in the understanding of those proceedings in which the court does not have to resolve any substantive issues;
IV.- In the precautionary measures, and
V.- In other cases that do not radiate jurisdiction or become aware of cause.
ARTICLE 43.- Ministers, magistrates, judges, secretaries and executive ministers have a duty to excuse themselves from the knowledge of the business in which one of the (b) the obstacles to the application of Article 39 of Regulation (EC) No 4284;
ARTICLE 44.- If the impediment is understood in any of the first sixteen fractions of Article 39, the decision in which the judge, magistrate or minister is held to be prevented, shall be irrevocable, and, in its place, know of the business who should replace the prevented according to the Organic Law of the Judicial Power of the Federation.
In the cases of the same fractions, if the ban is the Secretary or the executing minister, he will propose his excuse to the court that knows the business, to resolve who must Replace it.
ARTICLE 45.- If the impediment is established in the 17th section of Article 39, the resolution shall be irrevocable only if the parties are satisfied with it; otherwise, resolve the opposition who must know of the excuse, according to the Organic Law of the Judicial Branch of the Federation, accompanying, for the effect, a report on the particular, the excused.
With the report of which it was declared prevented and with the statement of opposition, the court shall decide, and shall, where appropriate, send the cars to whom it is required to know, according to the meaning of its resolution.
If the excuse is from a magistrate of the Supreme Court of Justice, it will proceed, of course, to replace it in the knowledge of the business, in the terms of the aforementioned Organic Law, without being opposed by the parties.
If the excuse is from a secretary or executing minister, he will propose it to the court of knowledge, which, with a hearing of the parties, will decide whether or not to accept, designating, in case If this is not the case,
ARTICLE 46.- In the meantime an excuse is resolved, the procedure will be suspended.
The resolution that decides an excuse is not actionable.
ARTICLE 47.- The parties may challenge the officials involved in this chapter, when they are in any of the cases of impairment.
The challenge will be brought before the court that knows about the business.
ARTICLE 48.- The recusal may be filed in any state of the judgment, until before the final hearing is started, unless, after initiation, the personnel.
In the execution procedures, no course will be given to any recusal before practicing the insurance or to do the ambargo or however, in your case. Nor will the recusal be made when it is brought in at the time of the exercise of a diligence, but until it is completed.
ARTICLE 49.- The replenishment is suspended, the procedure is suspended until it is resolved, so that the business can continue to know about it.
ARTICLE 50.- Interposed of the recusal, the portion cannot be raised in any time, nor will it vary the cause, unless it is superveniente.
ARTICLE 51.- The ministers, magistrates and judges who are aware of a challenge are unaccountable for this single effect.
ARTICLE 52.- Any recusal filed with violation of any of the above precepts shall be discarded outright.
ARTICLE 53.- Given entry to a recusal, if it were a secretary or a executing minister, it will resolve it, prior to the report of the recusal, the court that knows about the business, by the incidental procedure. The resolution will determine who should continue to intervene.
If the recusal is a minister, magistrate or judge, he will send the matter to whom he must know of the challenge, accompanied by a report; the lack of it establishes the presumption of being the cause of the recusal.
If the cause should be authentically stated, it will not be supported if it is not tested in that form.
Received the business in the court that must decide the recusal, will be resolved by the incidental procedure.
In any case, the resolution that decides a recusal is irrevocable.
Faculties and obligations of judicial officers
Of the judges
ARTICLE 54.- Judges, magistrates and ministers have a duty to maintain good order, and to demand that they be kept with due respect and consideration, both by the litigants and persons who occur to the courts, as well as by the officials and employees of the courts, and shall immediately sanction, with disciplinary corrections, any act that contravene this precept. If any act becomes a crime, a circumstantial act shall be lifted to be entered into the Public Ministry.
The imposition of the disciplinary correction will be decreed in separate notebook.
ARTICLE 55.- They are disciplinary corrections:
II. Fine not to exceed sixty days of the general minimum wage in force in the Federal District, and
III.- Suspension of employment for up to 15 days.
This last fraction is only applicable to the clerk and other employees of the court imposing the correction.
ARTICLE 56.- Within three days of having made a disciplinary correction known to the person to whom the tax has been imposed, he may ask, in the same court, that the hear in justice. Upon receipt of the request, the court shall, within the following eight days, give a hearing to the person concerned, in which, after hearing what he has given in his discharge, he shall settle in the same act, without further appeal.
ARTICLE 57.- Courts will never admit to incidents, resources or promotions that are notoriously malicious or improper. They will discard them outright, without the need to send them to know the other parties, or to give the transfer, or to form an article.
ARTICLE 58.- Judges, magistrates, and ministers may order that any omission that they notice in the substantiation be remedied, for the sole purpose of regularizing the procedure.
ARTICLE 59.- The courts, to enforce their determinations, may use, at the discretion, the following means of award:
I. Multa up to for the amount of one hundred and twenty days of general minimum wage in force in the Federal District.
If the offender is a day laborer, worker or worker, he/she cannot be punished with a higher penalty of the amount of his or her day's wage or salary.
Dealing with non-salaried workers, the fine shall not exceed the equivalent of one day of income, and
II.- The help of the public force.
If the prize is insufficient, the rebel will proceed against the crime of disobedience.
ARTICLE 60.- Every court will act with secretary or witnesses of assistance.
Of the secretaries
ARTICLE 61.- In any event that is to be recorded in cars, the secretary will intervene and authorize him with his signature; except for those entrusted to other officials.
ARTICLE 62.- The secretary shall record the day and time of writing, and shall account with him within the next day, without prejudice to the following, in the case of an urgent matter.
ARTICLE 63.- The secretaries will take care that the files are exactly foliated when each of the sheets are added; they will be signed or signed in the center of the in writing, and shall place the stamp of the secretariat in the centre of the notebook, in such a way as to cover both sides.
ARTICLE 64.- The Secretary shall keep, with due security, under his or her responsibility, the original documents submitted by the interested parties. The file shall be carefully collated and authorized by the same Registrar, without prejudice to the fact that, at the verbal request of any interested party, the originals are shown to him.
ARTICLE 65.- The secretaries are responsible for the files, books and documents that exist in the court and corresponding file. Where, by law or by the court, they are required to deliver any of the said objects to another official or employee, they shall obtain receipt for their protection. In this case the responsibility will pass to the person who receives it.
ARTICLE 66.- Never, neither by court order, will the secretary hand the files to the parties, to take them outside the court, made exception of the Public Ministry.
The phrase "give a view" or "run move" only means that the cars remain in the secretariat, so that the data subjects are imposed on them, or that the copies are delivered.
Of the executor Ministers
ARTICLE 67.- The completion of court decisions that must take place outside the court's premises, when it is not specifically entrusted to another official, will be by a executing minister, who may be the secretary or employee that the court itself designates.
In the performance of your mission, you will observe the applicable legal provisions, refraining from resolving any matter of substance; but you must register the oppositions and promotions of the interested parties, concerning the diligence.
ARTICLE 68.- The fulfillment of the above article will be reviewed, of its own motion, by the court. The purpose of the review shall be to ensure that the errors committed in the completion are remedied. The resolution I will make will be appealable.
ARTICLE 69.-If there is opposition from the third party against the completion, it will be substantial and will be resolved by the incidental procedure.
ARTICLE 70.- It may be proposed, to the court, a lawsuit, both for the resolution of all, and for the resolution of some of the issues that may arise for the decision of a dispute.
ARTICLE 71.- After admission, by a court, of a claim for the full or partial decision of a dispute, and as long as it has not been settled by judgment irrevocable, cannot take place, for the decision of the same litigation, another process, neither before the same court nor before a different court, except when it is present, within the trial initiated, new demand extending the first to questions that in it were omitted. Where, however, this prohibition has been entered into another application, it shall be established that, in this case, no other effect than that of the total nullification of the accumulated process shall take place, with complete independence from the fate of the before.
The extension referred to in the preceding paragraph may only be submitted once, until before the final hearing of the first instance, and the applicable provisions shall be observed. as if it were a new trial.
ARTICLE 72.- Two or more disputes must be accumulated when the decision of each one requires the verification, the constitution or the modification of legal relations, derived, in all or in part, of the same fact, which necessarily has to be checked in any case, or they tend in whole or in part to the same effect, or when, in two or more trials, one or all of the same controversy must be resolved. For accumulation to proceed, it is necessary that the judgments are not to verify the final hearing of the first instance. The accumulation will be made from the newest to the oldest.
Accumulation does not proceed with respect to processes that are ventilated abroad.
ARTICLE 73.- If the judgments are in the same court, the accumulation may be ordered either on its own initiative or at the request of the party, by the incidental procedure.
ARTICLE 74.- When the trials are in different courts, the accumulation will be substantial by the procedure indicated for the inhibitory. The court that decides the cumulation shall send the orders to which it is required to hear from the accumulated judgments, where appropriate, or return, to each court, which it has sent, otherwise.
The resolution that resolves on accumulation is irrevocable.
ARTICLE 75.- The effect of the accumulation is that the accumulated cases are resolved in a single sentence, for which the processing of an issue will be suspended when to verify, in her, the final hearing of the trial.
ARTICLE 76.- It is valid that practiced by the competent courts before the accumulation is promoted. What they will do next will be null, except for the provisions on precautious providences or the contrary provision of the Law.
ARTICLE 77.- When a court finds that it cannot resolve a dispute, but in conjunction with other issues that have not been subject to its resolution, it will do so to know the parties, in order to extend the dispute to the non-proposed questions, following the ordinary rules of the suit, defence and other proceedings of the trial, and, in the meantime, will not be obliged by the court to settle. The resolution ordering enlargement is appealing for both purposes.
ARTICLE 78.- The exception of the case of Article 69 and the contrary provision of the law, when a third party has a dispute with one or more of the parties in judgment, and the In the case of the Court of Justice, the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that ordinary rules, or may the third party do so, formulating its claim in the terms, for the purpose, in both cases, for the terceria to be resolved in conjunction with the primitive claim, for which the procedure in the initial judgment will be suspended until the third party is in the same state.
If the third party supports one of the parties, they must both litigate and appoint their common representative.
ARTICLE 79.- To know the truth, the judge may be worth any person, be party or third, and of any thing or document, whether it belongs to the parties or to a third, with no limitations other than that the evidence is recognized by law and have immediate connection with the facts at issue.
The courts have no time limits to order the input of the evidence they deem indispensable to form their conviction regarding the content of the litis, nor do they govern for the limitations and prohibitions, in the field of proof, established in relation to the parties.
ARTICLE 80.- The courts may decree, at all times, whatever the nature of the business, the practice, repetition or extension of any probative diligence, provided that it is deemed necessary and is conducive to the knowledge of the truth about the points at issue. In the practice of these proceedings, they shall act as they deem it to be appropriate, in order to obtain the best result of them, without prejudice to the rights of the parties, and to strive for all their equality.
ARTICLE 81.- The actor must prove the constitutive facts of his or her action and the reaus of his exceptions.
ARTICLE 82.- The one you deny is only required to test:
I.- When negation enreturns the express assertion of a fact;
II.- When the legal presumption that you have in your favor is unknown, and
III.- When the capacity is unknown.
ARTICLE 83.- The one that bases its right on a general rule does not need to prove that its case followed the general rule and not the exception; but who alleges that the case is in the exception of a general rule, you must prove that this is the case.
ARTICLE 84.- The one who claims that another contracted a legal league, should only prove the fact or act that originated it, and not that the obligation subsists.
ARTICLE 85.- Neither proof, in general, nor the means of proof established by law, are renountable.
ARTICLE 86.- Only the facts will be subject to testing, as well as the uses or customs in which the right is founded.
ARTICLE 86 Bis.- The court will apply the foreign law as would the judges or courts of the State whose right would be applicable, without prejudice to the parties may claim the existence and content of the foreign law.
In order to obtain information on the text, validity, meaning and scope of the foreign law, the court may be able to avail itself of official reports on the matter, which may be requested from the Foreign Service. Mexican, as well as having and admitting the probative measures deemed necessary or offering the parties.
ARTICLE 87.- The court must receive the evidence presented to it by the parties, provided they are recognized by law. The cars in which some evidence is admitted are not appealing; those that dispose of them are appealable in both effects. Where the receipt of a test may offend the moral or the social decorum, the respective proceedings may be reserved, according to the judicious arbitration of the court.
ARTICLE 88.- The facts can be invoked by the court, even though they have not been alleged or proven by the parties.
ARTICLE 89.- When one of the parties objects to the inspection or recognition ordered by the court, to know its physical or mental conditions, or does not answer the questions to be addressed to you, the statements of the counterparty must be taken into account, unless otherwise proved. The same will be done if one of the parties does not exhibit, to the inspection of the court, the thing or document that has in its power or that it can dispose.
ARTICLE 90.- Third parties are obliged, at all times, to render aid to the courts, in the investigations of the truth. They must, without delay, display documents and things in their possession, when they are required to do so.
The courts have the power and the duty to compels third parties, by the most effective means of award, to comply with this obligation; but, in the event of opposition, they will hear the reasons for the merge, and resolve without further resource.
From that obligation are exempt the ascendants, descendants, spouses and persons who must keep professional secrecy, in the cases in which it is tried to prove against the with which they are related.
ARTICLE 91.- The damages caused to the third party, by appearing or displaying things or documents, shall be indemnified by the party who offered the proof, or by both, if the court proceeded on its own initiative; without prejudice to what is resolved on the shores of the court, in its opportunity. Compensation, in cases of complaint, shall be determined by the incidental procedure.
ARTICLE 92.- At any time in the trial or before the trial is initiated, when it is demonstrated that there is a danger that a person will disappear or be absent from the place of trial, or the court may order the receipt of the evidence in question, and the declaration of the first or the inspection of the second is indispensable for the resolution of the issue at issue.
ARTICLE 93.- The law recognizes as a means of proof:
I.- The confession.
II.- Public documents;
III.- Private documents;
IV.- Expert opinions;
V.- Recognition or judicial inspection;
VI.- The witnesses;
VII.- The photographs, writings and stenographic notes, and, in general, all those elements contributed by the discoveries of science; and
VIII.- The presumptions.
ARTICLE 94.- Except as otherwise provided in law, the provisions of this Title apply to all types of business.
ARTICLE 95.- Confession may be express or tacit: it expresses, the one that is made clear and distinctly, already in formulating or answering the demand, already absolving positions, or in any another act of the process; tacit, which is presumed in the cases indicated by the law.
ARTICLE 96.- Confession only produces effect on what is harmful to the one that makes it; but if confession is the only proof against the solvent, it must be taken in full, both in It is a matter of the kind that favours it, as in what harms it.
ARTICLE 97.- Can be articulated to the president, provided that he has enough power to absolve them, or refer to facts executed by him, in the exercise of the mandate.
ARTICLE 98.- In the case of cession, the transferee is considered to be a proxy for the transferor, to absolve positions on its facts; but, if it is ignored, the positions to the transferor, with the obligation to submit it to the transferee.
The declaration of the transferor's confessing compels the transferee, with the exception of the transferor's right to the transferor.
ARTICLE 99.- Positions must be articulated in clear and precise terms; they must not be insidious; they must be affirmative, with each one not containing more than one fact, and this must be his own, he declares.
ARTICLE 100.- When the question contains two or more facts, the court will examine it prudently, determining whether it should be resolved in two or more questions, or whether, by the intimate the relationship between the facts contained therein, so that one cannot assert or refuse one, without stating or denying the other or others, and taking into account that already stated by the absolvent when answering the above of the interrogation, it must be approved as it has been formulated.
ARTICLE 101.-The that are directed to obfuscate the intelligence of which he is to answer are made by insidious, in order to obtain a confession contrary to the truth.
ARTICLE 102.- Since the trial is opened, until before the final hearing, all litigants are obliged to acquit positions personally, when required by the the articulates.
ARTICLE 103.- You will not proceed to quote, to absolve positions, but after having been presented with the specification that contains them. If it is closed, it must be kept in the secret of the court, with the respective reason on the cover, which the secretary will sign.
ARTICLE 104.- The one who has to acquit positions will be personally quoted, at the latest, the day before the one indicated for the diligence, under the warning that, if I leave Appearing without fair cause, will be held by self-confessed.
ARTICLE 105.- If the aforementioned to absolve positions appears, the court will open the contract, and, imposed on them, will qualify them, and approve only those that conform to the provisions of the Article 99.
ARTICLE 106.- If several persons have to absolve positions on the basis of the same interrogation, the proceedings shall be conducted separately and on the same day, provided that It is possible to prevent those who absolve first from communicating with those who have to acquit.
ARTICLE 107.- In no case will the party that has to acquit an interrogation of positions be allowed to be assisted by his attorney, prosecutor, or other person; nor will he be given transfer, or copy of the positions, or end to be advised; but, if the absolvent does not speak Spanish, it may be assisted by an interpreter, if necessary, and, in this case, the court will appoint him. If the party asks for it, it will also settle its statement in its own language, with the interpreter's intervention.
When you have to absolve positions of indigenous people and do not speak Spanish, or speak it you do not know how to read, you will have to assist an interpreter with knowledge of your language and culture, settling their statement in Spanish and in their own language.
When the absolvent has any visual, hearing or locution impairment, the judge of the cause shall, at the request of the party who requires it, order the assistance necessary in the subject of projected stenography, in the terms of section VI of article 2 of the General Law of Persons with Disabilities, of a translator or interpreter.
ARTICLE 108.- Hecha, by the absolvent, the protest of telling the truth, the court will proceed to the interrogation.
ARTICLE 109.- The replies will be categorical, in an affirmative or negative sense; but the one that will be able to add the explanations that it considers necessary, and, in any case, will be asked by the court.
If the party is illegal to ask a question, you can tell the court to re-qualify it. If you declare it, you will be repeated for the answer, warning you to have it by confesses, if you do not.
ARTICLE 110.- Termination of the interrogation, the part that formulated it may articulate orally and directly, in the same act and after permission of the court, new positions to the Solvent. In this case, when a question is asked to be asked, the court will warn that it does not comply with the provisions of Article 99, it will reprove it, and declare that it does not have the obligation to answer it; but it will literally settle in cars.
ARTICLE 111.- If the absolvent party refuses to answer, or will reply with evasivas, or say to ignore the facts of its own, the court will warn her to have her by confesa, if insists on his attitude.
ARTICLE 112.- Absoled positions, the absolvent has the right, in turn, to formulate in the act, to the articulating, if he has attended, the questions that he wishes, in the form that is provided for in Article 110.
ARTICLE 113.- The court can freely, in the act of diligence, question the parties on all the facts and circumstances that are conducive to the investigation of the truth.
ARTICLE 114.- The statements will be settled literally, as they are produced, and will be signed at the foot of the last sheet and on the margin of the others in which contain, as well as the statement of positions, by the absolvents, after reading them by themselves, if they want to do so, or to be read by the Secretariat, otherwise.
If they do not know how to sign, they will put their fingerprint, and, if they do not want to do the same thing, they will only sign the court and record this circumstance.
ARTICLE 115.- When the absolvent, upon learning of its declaration, manifests not to be in accordance with the terms in which its answers have been settled, the court shall decide, in the act, as appropriate, determining whether any rectification should be made in the minutes. There will be no recourse to this decision.
ARTICLE 116.- Signed the declarations by which they have produced them, or, failing that, only by the court, may not be varied, either in the substance or in the wording.
ARTICLE 117.- In the case of a properly proven disease of which you must declare, the court will move to the address of the court or to the place where it is held, where it will be held. the diligence, in the presence of the other party, if he attended.
ARTICLE 118.- When the trial continues in absentia, the summons to acquit positions will be made by publishing the determination, for three consecutive times, in the Official Journal; the location has been personally understood with the defendant, his representative or proxy, since, in such a case, the summons will be made by a kneecap.
ARTICLE 119.- If the person who is required to absolve the positions is absent, even if he has a home indicated to receive notifications, the corresponding exhort or dispatch will be delivered, accompanied, in closed and sealed, the specifications in which the questions are recorded. In this case, the specifications will be opened, and, qualified the questions, will be removed copies of the ones that are approved, which will be kept in the secret of the court, duly authorized, referring the original with the exhort or dispatch, in order for the examination of the positions adopted by the court of judgment. If the person concerned ignores the place where the absolvent is located, the summons shall be made by edicts, and in addition at the address indicated.
When, if you have to absolve positions, you have already been cited for it, any change of domicile or residence to a different population from the one in which you were quoted, have no effect whatsoever, The court will have to acquit the positions before the court that cited it.
ARTICLE 120.- For the purposes of the previous article, the one who promotes the confession test shall make his or her request and present the statement containing the positions, with the Due anticipation, in effect that the exhort or dispatch may be diligent, held by the court, before the final hearing of the trial.
ARTICLE 121.- The court that is required for the practice of a diligence of confession shall be limited to the prosecution of the exhort or dispatch, in accordance with the law, and to return it the court of its origin; but it cannot declare to whom it must absolve the positions.
ARTICLE 122.- When the diligence of confession is practiced by a court required by that of the judgment, if, after the questioning, the articulating or new positions are formulated in the same act (a) the rights of the person to whom he or she is entitled, the court of care as provided for in Article 110.
ARTICLE 123.- Against the express confession of own facts shall not be admitted, to the party that has made it, proof of any kind; unless it is a matter of proving facts ignored by it in producing the confession, duly accredited, or of later facts, accredited in the same way.
ARTICLE 124.- The legally cited party to acquitting positions shall be held by confesa in the own facts questions that are asked of:
I.- When without fair cause do not appear;
II.- When you insist on refusing to declare;
III.- When, when declaring, insist on not responding positively or negatively, or on manifesting that it ignores the facts, and
IV.- When you are on the terms provided for in the two preceding fractions, in relation to the questions submitted to you by the court, in accordance with Article 113.
ARTICLE 125.- In the first case of the previous article, the court will open the statement of positions and qualify them before making the statement.
In other cases, the court, when the due diligence is completed, will make the statement of having a confesa to the party.
ARTICLE 126.- The car that declares confesa to one party, and the one that denies this statement, are appealable.
You will have self-confessed to the articulating, and only in what damages you, with respect to the facts of your own in the positions you formulate, and against them you will not be admitted proof of no class.
ARTICLE 127.- The authorities, the official corporations and the establishments that are part of the public administration, will absolve positions by means of trade, in which insert the questions that the counterpart wants to ask them, so that, by way of report, they will be answered within the term that the court points out. In the trade, the absolvent party will be issued with confidence if it will not reply within the term it has been set, or if it will not do so categorically, stating or denying the facts.
ARTICLE 128.- In the case of the previous article and in the case of fraction I of 124, the statement of self-confessed will be made at the request of part, at all times, until before the hearing end of judgment.
In any state of the trial, in which the right cause is proven, the statement of self-confessed remains insistently, without prejudice to the possibility of rearticulating positions.
Private public documents
ARTICLE 129.- It is public documents whose training is entrusted by the law, within the limits of its competence, to a public official covered by the faith public, and those issued by civil servants, in the performance of their duties.
The quality of the public is demonstrated by the regular existence, on the documents, of the stamps, signatures or other external signs that, if necessary, prevent the laws.
ARTICLE 130.- The public documents issued by the authorities of the Federation, the States, the Federal District and the Territories or the Municipalities, will make faith in the trial, without need for legalization.
ARTICLE 131.- (Repeals).
ARTICLE 132.- For the translation of documents that are filed in foreign language, it will be sent to the contrary, so that, within three days, it will manifest if it is conformity. If I am or will not answer the view, it will be passed through the translation; otherwise, the court will appoint a translator.
ARTICLE 133.- It is private documents that do not meet the conditions laid down in Article 129.
ARTICLE 134.- Whenever one of the litigants asks for a copy or testimony of part of a document or piece that is in the public offices, the contrary shall be entitled to its coast, it is added with what it creates conducive to the same document or piece.
ARTICLE 135.- Existing documents in a place other than that in which the business is followed, shall be made by virtue of dispatch or an appeal to the court of the to the respective District Judge, or, failing that, to the place where they are located.
ARTICLE 136.- The private documents will be presented originals, and, when they are part of a book, file or file, they will be displayed for the party to comment on the interested.
ARTICLE 137.- If the document is in books or papers of commerce or of any industrial establishment, the document or the constancy must fix with accuracy, and the testimonial copy will be taken on the establishment's desk, without the directors of the establishment being required to take the books of the accounts to the court, nor more than to present the designated items or documents.
ARTICLE 138.- The collation of signatures, letters or fingerprints may be requested, provided that the authenticity of a private document is denied or questioned. For this collation, it shall be carried out subject to the provisions of Chapter IV of this Title.
ARTICLE 139.- The person asking for the collation shall designate the document or documents, with which the court must be asked, or shall ask the court, to quote the person concerned so that, in his presence, put the signature, letter or fingerprint that will serve for the collation.
ARTICLE 140.- They will be considered to be indubited for the collation:
I.- The documents that the parties recognize as such, by common agreement;
II.- The private documents whose letter or signature has been recognized, in judgment, by the person to whom the indoubt is attributed;
III.- Documents whose letter, signature or fingerprint has been judicially declared own of the one to whom the indoubt is attributed, except in the case where the declaration has been made in absentia;
IV.- The contested letter, in the part in which it recognizes the letter as its own to the one who harms it, and
V.- The signatures or fingerprints placed on judicial proceedings, in the presence of the Registrar of the court, or of whom he does his or her times, by the party whose signature, letter or fingerprint is to be checked, and the documents before any other civil servant of the public faith.
ARTICLE 141.- When either party holds the falsehood of a document, the relevant provisions of the applicable criminal laws shall be observed. In this case, if the document can be of influence in the lawsuit, the final hearing of the trial will not be held, but until the decision, on the falsehood, by the judicial authorities of the criminal order, unless the party to whom the document renounces that it is taken as a test.
When the criminal procedure is concluded without deciding whether or not the document is false, the civil court will grant a term of ten days for the parties to give their evidence, on those extremes, so that, in the judgment, it is decided on the probative value of the document.
ARTICLE 142.- The parties may only object to the documents within three days of the opening of the test term, in the case of those submitted until then; After the notification of the car which has been tested by the vehicle, they may be in the same term.
ARTICLE 143.- The expert test will take place in the questions of a business relating to some science or art, and in cases where the law is expressly prevented.
ARTICLE 144.- The experts must have a degree in the science or art to which the question belongs to what their opinion is to be heard, if the profession or the art is legally Regulated.
If the profession or art is not legally regulated, or, standard, there are no experts at the place, any persons understood, in the judgment of the court, may be appointed, even if they have no title.
ARTICLE 145.- Each party shall appoint an expert, unless they agree to the appointment of a single expert.
If you force more than two litigants, they will appoint an expert who will support the same claims, and the other those who contradict them.
If those who have to appoint an expert cannot agree, the court will appoint one of those to be proposed by the interested parties.
ARTICLE 146.- The party that wishes to render an expert test shall promote it within the first ten days of the ordinary or extraordinary term, or, if necessary, by means of a written in which you will ask the questions or specify the points on which you should deal; you will make the appointment of the expert on your part, and propose a third one for the case of disagreement.
The court will grant to the other parties the five-day term to add the questionnaire with what interests them, preventing them, which, in the same term, will appoint the expert which corresponds to them, and manifests whether or not they are in conformity with the fact that they are considered to be the third party to the one proposed by the advocate.
If, after the last five days, the other parties do not make the appointment that corresponds to them, nor do they manifest themselves in conformity with the proposal of the third party, the court, of its own motion, make the relevant appointments or appointments, with the provisions of the final part of Article 145, where appropriate.
ARTICLE 147.- The experts appointed by the parties shall be presented by the parties to the tribunal within three days of having been held as such, to express the acceptance and protest of their performance. commissioned under the law. If they do not do so or will not accept it, the court will, of course, of course, make the appointments that they have. The experts appointed by the court will be personally notified of their appointment, so that they will show whether they accept and protest.
ARTICLE 148.- The court will point out place, day, and time for the diligence to be practiced, if he must preside over it.
In any other case, it shall inform the experts of a prudent term for their opinion.
The court must preside over the diligence when it considers it appropriate, or request it from the parties and permit the nature of the recognition, being able to ask the experts, all clarifications which it considers to be conducive, and require them to take further action.
ARTICLE 149.- In the case of the final paragraph of the previous article, the following rules are observed:
I.- The expert who will cease to attend, without fair cause, qualified by the court, will be responsible for the damages that, for its lack, will be caused.
II.- The experts will practice their diligence, being able to participate in the event, and make them as many observations as they wish; but they must withdraw so that the experts will discuss and deliberate alone. Experts shall be obliged to consider, in their opinion, the comments of the interested parties and the courtand
III.- The experts shall immediately give their opinion, provided that the nature of the recognition so permits; otherwise, they shall be given a prudent term to give it.
ARTICLE 150.- When the court does not attend the due diligence, the experts will practice their expertise jointly or separately, with assistance or not from the parties, according to them. Estimate suitable.
ARTICLE 151.- If the experts are in agreement, they will extend their opinion in the same document as they will present, or in an act that will be done by the secretary of the court, signing the two. If they are not, they shall give their opinion in writing separately from which they shall accompany a copy.
ARTICLE 152.- The opinions, within the following three days of the recently filed, will be examined by the court, and, if they are discordant in some or some of the points essential as to what appears to be an expert, he will send, on his own initiative, which, by personal notification, will be made of the knowledge of the third party, giving him copies of them, and preventing him, within the term that he points out, to give his own. If the term fixed is not sufficient, the court may, at the request of the expert, agree to extend it.
The third party is not obliged to take any of the opinions of the other experts.
ARTICLE 153.- If the expert appointed by a party does not give his opinion, without justified cause, he shall appoint the new tribunal, in substitution of the disregard, and shall impose on him a fine up to the amount of one hundred and twenty days of general minimum wage in force in the Federal District. The omission will also, in addition, be responsible to the expert for the damages caused by the party that appointed him.
If the expert concerned does not give his opinion within the time limit set, but if the new appointment has been made, only the fine specified in the Previous paragraph.
ARTICLE 154.- The experts will be subject, in their opinion, to the bases that, if appropriate, will set the law.
ARTICLE 155.- If the object of the expert opinion is the practice of an endorsement, the experts will tend to fix the commercial value, taking into account the prices of the square, the fruits which, where appropriate, produces or is capable of producing the subject matter, the object of the endorsement, and all the circumstances which may influence the determination of the commercial value, except that, by agreement or by provision of the law, other bases for the avaluo.
ARTICLE 156.- The third-party expert who names the court may be challenged within three days of the notification of his appointment to the court. In the case of a court of law, the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice
ARTICLE 157.- The recusal will be resolved by the incidental procedure, unless the expert confesses the cause, in which case the recusal will be admitted, and proceed to the appointment of a new expert.
ARTICLE 158.- Against the car in which the recusal is admitted or discarded, no recourse is provided.
ARTICLE 159.- The fees of each expert shall be paid by the party who appointed him, or in whose rebellion the court has appointed him, and, the third, by both parties, without damage to what is definitively resolved on the shores of the country.
ARTICLE 160.- For the payment of the fees referred to in the previous article, the experts shall submit to the court the corresponding regulation, which shall be given, by the three-day term, to the party or parties to pay for them.
Elapsed, whether or not the parties answer, the court will make the final regulation, and order its payment, taking into consideration, where appropriate, the tariff provisions. This resolution is appealing if the claimed fees exceed a thousand pesos.
In case the amount of the fee has been fixed by agreement, it will be to what is established in it.
Recognition or judicial inspection
ARTICLE 161.- Judicial inspection may be conducted, at the request of a party or at the disposal of the court, with timely summons, when it may serve to clarify or fix facts relating to the dispute which do not require special technical knowledge.
ARTICLE 162.- The parties, their representatives and lawyers may attend the inspection, and make any observations they deem appropriate.
ARTICLE 163.- The diligence shall be lifted, and shall be signed by those who are present.
ARTICLE 164.- In the judgment of the court or at the request of a party, plans shall be lifted or photographs taken of the site or objects inspected.
ARTICLE 165.- All who have knowledge of the facts that the parties must prove, are obliged to testify as witnesses.
ARTICLE 166.- A party may only present up to five witnesses on each fact, except for a different provision of the law.
ARTICLE 167.- The witnesses shall be summoned to testify when the party offering their testimony does not, by itself, be able to make them present. The citation will be issued with a prize warning if it fails without a fair cause.
Those who, having appeared, will refuse to testify, will be pressed by the court.
ARTICLE 168.- The expenses incurred by the witnesses and the damages they suffer for being declared, will be satisfied by the party that I will call them, in the terms of the Article 91, except in so far as it is decided on the costs.
ARTICLE 169.- Public officials or those who have been, are not required to declare, at the request of the parties, regarding the matter that they are known or have known for virtue of his duties. Only when the court judges it indispensable for the investigation of the truth, can they be called to testify.
ARTICLE 170.- To the elderly of more than seventy years, to the women and the sick, the court may, according to the circumstances, receive the declaration in the house in which it is hallen, in the presence of the parties, if they attend.
ARTICLE 171.- The public officials of the Federation and of the States referred to in Article 108 of the Political Constitution of the United Mexican States will surrender their a declaration of its own motion, with regard to the provisions of Articles 127 and 174; but, if the officials expressed it prudently and so offer in response to the office addressed to them, they may give their statement of personally.
ARTICLE 172.- The party that wishes to render testimonial shall promote it within the first fifteen days of the ordinary term or the extraordinary term, if any.
ARTICLE 173.- For the examination of witnesses, no written interrogations will be presented. The questions will be verbally and directly, by the parties or their lawyers, to the witness. First, it will question the proof of the proof, and then the other parties, the court being able to, in cases where the delay may prejudice the outcome of the investigation, in his judgment, allow the other parties to do so, questions relating to it, or the court itself.
ARTICLE 174.- Notwithstanding the provisions of the foregoing article, where the witness is an official of the persons concerned by Article 171, or resides outside the place of business, shall, upon offering the proof, present its interrogations, with the respective copies for the other parties, which shall be placed at its disposal, in the same order in which the proof is sent, so that, within three days, present, in closed documents, if they want, their questioning of questions; but, if they shall not be admitted, without prejudice to the fact that, in any event, they may, the interested party, present themselves directly to the requested court, which shall be responsible for the qualification of the questions, taking care to establish, literally in cars, which is discarded, as required by Article 175.
For the examination of witnesses who do not reside in the place of business, the court shall be free to carry out the due diligence, accompanying it, in closed documents, interrogations, prior to the corresponding qualification.
ARTICLE 175.- Questions and questions must be conceived in clear and precise terms; they must be conducive to the issue discussed; it will be ensured that in one understand more than one fact and not different facts or circumstances, and can be in an affirmative or inquisitive form. Those who do not meet these requirements will be discarded outright, without any recourse; but they will literally settle in cars.
ARTICLE 176.- After taking, the witness, the protest to conduct himself with truth, and to warn him of the penalties in which he incurs the one that occurs with falsehood, will be recorded his the name, age, state, place of residence, occupation, domicile, whether it is a consanguine relative or the end of one of the litigants, and to what degree; whether he has direct interest in the suit or other similar, and whether he is an intimate friend or an enemy of any of the parts. The examination will then be carried out.
ARTICLE 177.- The witnesses will be examined separately and successively, without one being able to witness the statements of the others. Where it is not possible to complete the examination of the witnesses in a single day, the diligence shall be suspended to continue on the following working day.
ARTICLE 178.- When the witness fails to answer any point, or has contradicted, or has been expressed with ambiguity, the parties may draw the attention of the (i) the Court of Justice, in so far as it considers it appropriate, to require the replies and clarifications to be made.
ARTICLE 179.- The court will have the widest faculty to ask, witnesses and parties, the questions it deems to be conducive to the investigation of the truth, as well as to ensure the suitability of the same witnesses, all in the minutes.
ARTICLE 180.- If the witness does not speak Spanish, he will surrender his statement through interpreter, who will be appointed by the court. When the witness asks you, in addition to settling your statement in Spanish, you can write in your own language, either by the interpreter or by the interpreter. The latter must, before carrying out its duties, protest against it, stating that this is the case.
If the witness is indigenous and does not speak Spanish, or speaking it would not know how to read, he will have to assist an interpreter with knowledge of his language and culture, in order to gives his testimony, either in his own language or in Spanish; but in any case, he himself must settle in both languages.
When the witness has any visual, hearing or locution impairment, the judge of the cause shall order at the request of the offeror of the test or of the person who give evidence, the necessary assistance in the subject of projected stenography, in the terms of section VI of Article 2 of the General Law of Persons with Disabilities or a translator or interpreter.
ARTICLE 181.- Each witness response shall be recorded in cars, in such a way that at the same time, the meaning or terms of the question asked is understood. Only when asked by a party, in respect of special questions, can the court allow, first, the question to be written verbatim, and then the answer.
ARTICLE 182.- The witnesses are obliged to give the reason for their saying, regarding the answers that do not already carry it, and the court must demand it.
ARTICLE 183.- The witness shall sign on the foot of his statement and on the margin of the sheets in which it is contained, after having been read or read by himself and ratifies it. If you don't want to, don't know or can't read, the statement will be read by the secretary, and if you don't want to, you don't know or you can't sign, you will print your fingerprints, if you can and want to do it, all of which will be related to cars.
ARTICLE 184.- The declaration, once ratified, cannot be varied either in substance or in the wording.
ARTICLE 185.- With respect to the facts on which you have dealt with an examination of witnesses and with respect to the directly contrary, you cannot the same party return to the evidence testimonial, at no point in the trial.
ARTICLE 186.- In the act of the examination of a witness or within the following three days, the parties may attack the saying of that witness, for any circumstance that, in their concept, affect their credibility. For the proof of the circumstances alleged, a term of ten days shall be granted, and, where it is testimonial, no more than three witnesses may be presented on each occasion. The saying of these witnesses can no longer be contested by means of proof, without prejudice to the criminal actions that proceed, and their value will be appreciated in the judgment, according to the outcome of the discussion at the final hearing of the trial.
ARTICLE 187.- When assessing the testimonial evidence, the court will appreciate the justifications regarding the circumstances referred to in the previous article, whether these are have been alleged or appear in cars.
Photographs, writings or stenographic notes, and, in general, all those elements contributed by the discoveries of science
ARTICLE 188.- To accredit facts or circumstances in relation to the business that airs, the parties may submit photographs, writings or stenographic notes, and, in general, all kinds of elements contributed by the discoveries of science.
ARTICLE 189.- In any event where special technical knowledge is required for the assessment of the means of proof referred to in this Chapter, the court shall hear the appear from an expert appointed by him, when the parties request it or he considers it appropriate.
ARTICLE 190.- The assumptions are:
I.- Those that expressly set the law, and
II.- Those that are deducted from fact-checked.
ARTICLE 191.- The presumptions, whether legal or human, admit proof to the contrary, except when, for the first, there is an express prohibition of the law.
ARTICLE 192.- The party that claims a presumption should only prove the assumptions of the presumption, without the test of its content being the responsibility.
ARTICLE 193.- The party that denies a presumption must render the counterproof of the assumptions of that party.
ARTICLE 194.- The party challenging a presumption must prove against its content.
ARTICLE 195.- The test produced against the content of a presumption, compels, to which it was alleged, to render proof that it was relieved by virtue of the presumption.
If two opposing parties claim, each in their favor, presumptions that are mutually destroyed, it will apply, independently for each of them, the provisions of the articles precedent.
ARTICLE 196.- If a party alleges a general presumption that is contradicted by a special presumption alleged by the contrary, the party that claims the general presumption will be forced to produce the test that destroys the effects of the special, and the one that it claims is only forced to prove, against the general, when the test rendered by its counterpart is enough to destroy the effects of the special presumption.
Valuation of the test
ARTICLE 197.- The court enjoys the widest freedom to do the analysis of the rendered tests; to determine the value of the tests, one in front of the others, and for to set the final result of such a contradictory valuation; unless the law establishes the rules to make this valuation, however, observing, in respect of each kind of test, the provisions of this chapter.
ARTICLE 198.- There will be no legal value for the tests rendered in violation of the provisions of the preceding articles of this Title.
ARTICLE 199.- The express confession will make full proof when the following circumstances are present in it:
I.- To be done per person trained to be bound;
II.- That it be done with full knowledge, and without coercion or violence, and
III.- That it is in fact its own or, where applicable, the represented or the transferor, and concerning the business.
ARTICLE 200.- The facts of the parties, as stated in the complaint, in the defence or any other act of the judgment, shall give full proof against those who assert them, no need to offer them as proof.
ARTICLE 201.- The confessional confession produces the effect of a presumption, when there is no evidence to contradict it.
ARTICLE 202.- Public documents make full proof of the facts legally affirmed by the authority that they proceed; but, if they contain statements truth or manifestations of facts of individuals, the documents only prove fully that, before the authority that issued them, such statements or manifestations were made; but they do not prove the truth of the declared or manifested.
The statements or statements in question are fully tested against those who did or attended the event in which they were made, and were in agreement with them. They lose their value in the event that they are judicially declared their simulation.
They will also provide full proof of the judicial or notarial certifications of the constances of the parish books, relating to the minutes of the civil state of the persons, provided that refer to the time before the establishment of the Civil Registry. The same test will do when the books of the record, original and duplicate do not exist, and when, in existence, the sheets in which the record was found are broken or erased.
If you are contradicting your content with other evidence, your value is left to the free appreciation of the court.
ARTICLE 203.- The private document proves the facts mentioned in it, only as soon as they are contrary to the interests of its author, when the law does not have anything else. The document coming from a third party only proves in favor of the party that wants to profit with him and against his colitigant, when he does not object. Otherwise, the truth of its content must be demonstrated by other evidence.
The private letter that contains a statement of truth, makes faith of the existence of the declaration; but not of the declared facts. The provisions of the second paragraph of Article 202 are applicable to the case.
It is considered as the author of the document to which it has been formed.
ARTICLE 204.- The author of a private document to which he subscribes, saves the exception of the article 206.
It is understood by subscription the placement, at the foot of the writing, of the words that, with respect to the destination of the same, are suitable to identify the person who subscribes.
Subscription makes full faith in the formation of the document on behalf of the subscriber, even if the text has not been written in all or part of it, except as far as to interlinear or marginal aggregates, cancellations or any other modifications contained in it, which are not repudiated by the author, if they are not written by their hand, or have not been mentioned before the subscription.
ARTICLE 205.- If the party against which a private written letter is filed, does not object, within the term indicated by Article 142, that the subscription or the date If this is a third, it will have the subscription and the date recognized. Otherwise, the truth of the subscription and the date must be demonstrated by means of direct proof for such an object, in accordance with the previous chapters.
If the subscription or date is certified by a notary or by any other civil servant in the public faith, it will have the same value as an undoubted public document.
ARTICLE 206.- It is considered the author of the books of commerce, domestic registered and other documents that are not used to subscribe, to the one who has formed them or by whose account are done.
If the party against whom a document of this nature is proposed does not object, within the term fixed by Article 142, to be its author, nor does it declare to not recognize as such to the third indicated by the person who presented it, the author will be recognized. Otherwise, the truth of the fact that the document has been written on behalf of the person indicated, must be demonstrated by direct proof, in accordance with the previous chapters of this title.
In the cases of this article and in those of the previous article, the non-objectionable document will not have a probative value, if the judgment has been followed in absentia, since then it is necessary to recognition of the document, which shall be carried out subject to the provisions on confession, and shall have the same effects, and, if the document is a third party, the truth of its content must be demonstrated by other evidence.
ARTICLE 207.- Copies attest to the existence of the originals, in accordance with the preceding rules; but if their accuracy is questioned, their collation with the original of what was taken.
ARTICLE 208.- Private writings make faith of their date, as soon as it indicates a fact contrary to the interests of its author.
ARTICLE 209.- If a private document together contains one or more facts contrary to the interests of its author, and one or more facts favorable to it, the truth of the first can be accepted without accepting, at the same time, the truth of the latter, within the limits within which the favorable facts supply, to the one against which the document, an exception or defense-against the benefit that they support the facts that are contrary to him.
ARTICLE 210.- The private document that a litigant presents, proves fully against it, according to the foregoing articles.
ARTICLE 210-A.- The information generated or communicated that consists of electronic, optical, or any other technology is recognized as evidence.
In order to assess the probative strength of the information referred to in the preceding paragraph, the reliability of the method in which it has been generated shall be estimated. communicated, received or filed and, where appropriate, if it is possible to attribute to the persons required the content of the information and to be accessible for further consultation.
When the law requires a document to be preserved and presented in its original form, that requirement will be satisfied if it is credited that the information generated, communicated, received or archived by electronic, optical or any other technology, has been maintained in full and unaltered from the moment it was first generated in its final form and it can be accessible for further query.
ARTICLE 211.- The value of the expert test will be left to the discretion of the court.
ARTICLE 212.- Recognition or judicial inspection will be fully tested when referring to points that do not require special technical knowledge.
ARTICLE 213.- In cases where the public or private document has been lost or destroyed, and in the case where the document is not available, without any fault of its part, who should present and benefit from it, such circumstances can be credited by means of witnesses, who will exclusively serve to accredit the facts by virtue of which the party may not present the document; more in no way to do so faith of the content of this, which shall be tested only by confession of the counterparty, and, in their absence, by evidence of other classes which are capable of proving directly the existence of the obligation or the exception to be proved by the document, and that the act or contract took place, with the formalities required for its validity, at the place and time when it was done.
In this case, the confession will not be admissible when the site has been verified by edicts and the judgment is followed in absentia.
ARTICLE 214.- Save the exceptions from the previous article, third party testimony will not make any faith when it comes to proving:
I.- The contract or act of which a public or private document must be made by faith;
II.- The celebration, content or faith of an act or contract which must include, at least, in private written form, and
III.- The confession of one of the facts indicated in the two preceding fractions.
ARTICLE 215.- The value of the testimonial test will be left to the discretion of the court, who, in order to appreciate it, will take into consideration:
I.- That witnesses agree on the substance of the act they refer to, even if they differ in accidents;
II.- To declare that they have heard the words, witnessed the act or seen the material fact about what they put down;
III.- That, by their age, ability or instruction, they have the necessary criteria to judge the act.
IV.- That, for their probity, for the independence of their position or for their personal history, they have complete impartiality;
V.- That they themselves know the facts about what they declare, and not by inductions or other people's references;
VI.- That the statement be clear, precise, without doubt or reticence, about the substance of the fact and its essential circumstances.
VII.- That they have not been forced by force or fear, nor driven by deception, error or bribery, and
VIII.- That they give good reason for their saying.
ARTICLE 216.- A single witness is fully tested when both parties expressly agree to go through their saying, provided that the latter is not in opposition to other evidence in cars. In any other case, its value will be left to the discretion of the court.
ARTICLE 217.- The value of photographic, shorthand and other evidence provided by the discoveries of science will be left to the prudent judicial arbitration.
The photographs of persons, places, buildings, buildings, papers, documents and objects of any special must contain the corresponding certification that accredits the place, time and circumstances in which they were taken, as well as corresponding to what was represented in them, to constitute full proof. In any other case, its evidentiary value is left to the judicious judicial arbitration.
ARTICLE 218.- The legal presumptions that do not admit proof to the contrary, will have full probative value. Other legal presumptions will have the same value, as long as they are not destroyed.
The probative value of the remaining presumptions remains at the discretion of the court.
ARTICLE 219.- In cases where there is no special prevention of the law, the court decisions will only express the court that dictates, the place, the date and its foundations. The Court of Justice, with the utmost brevity, and the judicial determination, and shall be signed by the judge, magistrates or ministers who pronounce them, being authorized, in any case, by the secretary.
ARTICLE 220.- Judicial decisions are decrees, orders, or orders; decrees, if they relate to simple procedural determinations; within the business, and sentences, when they decide the fund of the business.
ARTICLE 221.- The decrees must be dictated when the secretary has the respective promotion. The same shall be observed in respect of cars which, in order to be dictated, do not require summons for hearing; otherwise, they shall be pronounced within the term of the law, or, failing that, within five days. The judgment will be given in the form and terms of articles 346 and 347 of this order.
ARTICLE 222.- The judgments shall contain, in addition to the requirements common to all judicial decisions, a subribbon of the questions raised and the evidence rendered, as well as the applicable legal and doctrinal considerations, including, in them, the reasons for doing or not to bear the costs, and shall, in all accuracy, terminate the points subject to the consideration of the (a) the time limit within which it is to be complied with.
ARTICLE 222 bis.- In order to guarantee the indigenous, full access to the jurisdiction of the State in the proceedings in which they are a party, the judge shall consider, at the time of the adoption of the resolution, its uses, customs and cultural specificities.
ARTICLE 223.- Only once can the clarification or addition of a statement or order to end an incident be requested, and be promoted to the court that has issued the a resolution, within three days of the notice of the person being notified, expressing, with all clarity, the contradiction, ambiguity or obscurity of the clauses or of the words whose clarification is requested, or the omission to be claimed.
ARTICLE 224.- The court will decide within three days, what it deems appropriate, without the substance of the resolution being varied.
ARTICLE 225.- The order that resolves the clarification or addition of a resolution shall be deemed to be an integral part of the resolution, and shall not allow any recourse.
ARTICLE 226.- Clarification or addition, interrupts the term to appeal.
ARTICLE 227.- The cars that are not appealing and the decrees can be revoked by the judge or tribunal that dictated them or by which they replace it in the knowledge of the business.
ARTICLE 228.- The revocation shall be filed in the act of the notification or, at the latest, within the day after the appellant has been notified.
ARTICLE 229.- The order of revocation shall be given to the other parties, for the term of three days, and, after that term, the judge or tribunal shall decide, without further processing, within three others.
ARTICLE 230.- From the car that decides on the revocation there will be no resource.
Appeal and forced review
ARTICLE 231.- The appeal is for the purpose of the high court to confirm, revoke or modify the judgment or the order given in the first instance, in the concerning the grievances expressed.
ARTICLE 232.- The appeal can be supported in either the return effect and the suspensive effect, or only in the first.
ARTICLE 233.- The appeal supported in both effects, of course, suspends the execution of the statement or the order, until the resource is resolved, and, in the meantime, only (a) the decision to issue a decision concerning the administration, custody, and preservation of assets that have been seized or intervened in court, provided that the appeal is not on any of these points.
ARTICLE 234.- The appeal admitted only in the return effect does not suspend the execution of the sentence or the appeal.
If the action has been brought against a judgment, a certified copy of it and the necessary constances to execute it shall be left at the Court, the file being referred to. original to the court of second instance.
If a car is treated, the admission shall be sent to the court, a copy of the appeal, its notifications and the constances indicated when the appeal is lodged, the other parties, within three days of the notification of the order ordering the reference of the copy.
If the appellant fails to point out constances, when the appeal is filed, it shall be unfiled. If the other parties do not make the corresponding statement, the copy shall be sent with the constances indicated by the appellant.
In any case, the copy shall also contain the constances which the judge considers to be conducive.
ARTICLE 235.- To execute the judgment or order to end an incident, in the case of the previous article, warranty shall be granted, in the terms of Article 9, first part.
Your amount must guarantee the return of what is to be perceived, its fruits and interests, the compensation of damages, and, in general, the restitution of the things to the state in which were found prior to the execution, in the event that the court revokes the decision.
ARTICLE 236.- Granted the guarantee that the previous article deals with, the opposing party to the performer can avoid execution, granting, in turn, sufficient caution to to respond to the damages caused to its counterpart by not taking forward the contested decision, but until it is confirmed by paying the amount of the security costs that have been granted.
In this case and in the case of the previous article, the guarantee shall be qualified with the counterparty's hearing.
ARTICLE 237.- When the order against which the appeal has been admitted for both purposes, the case has been dealt with by a separate cord, only referred, to the court of appeal, the orders relating to the point appealed; without prejudice to the fact that, in copy, the constances which, from the principal, the parties are requested, are referred to, or that the parties are sent, if they are requested by both parties.
In the cars left in the court, no resolution may ever be given that amends, revokes or otherwise affects the agreed resolution, in the meantime that the resource is pending, for which it will be copied.
ARTICLE 238.- Only the sentences that fall on businesses whose value exceeds a thousand pesos, and in those whose interest is not liable to be valued in money, are appealable.
ARTICLE 239.- Statements that are appable according to the previous article, will be in both effects, except where the law expressly determines that they are only in the (a)
ARTICLE 240.- Only the cars are appelable when it is the final judgment of the judgment in which they are issued, provided that they decide an incident or that this Code is available. This appeal proceeds only in the effect of the return; in order to proceed in both, special provision of the law is required.
ARTICLE 241.- The appeal must be brought before the court that has delivered the decision, in the act of the notification or, at the latest, within the following five days which causes the condition, whether it is a sentence, or three, if it is self-driving.
ARTICLE 242.- The appeal in a working time shall be filed by the court without substantial substantiation, if appropriate, and, within three days of the The Commission shall, in accordance with Article 1 (1) of Regulation (European), of the European Parliament, of the European Parliament and of the Commission. If it has been accepted only for the purposes of the return, the corresponding testimony shall be sent as soon as it is completed.
ARTICLE 243.- In the order in which the appeal is admitted, the appellant will be placed, so that, within three days of being notified, it will occur to the court of appeal. to continue the appeal, extending the term to be pointed out, if any, by reason of the distance.
ARTICLE 244.- In the document in which the appellant is present to continue the appeal, he shall express the grievances caused to him by the appealed resolution, and the concepts by which he, judgment, they have been committed.
ARTICLE 245.- The court of appeal, received the cars or the testimony, if any, will let the parties know.
ARTICLE 246.- Notified the parts of the decree referred to in the previous article, the following three days shall examine and declare the court, of its own motion, first, if the appeal was filed or not in time, and whether or not the contested decision is appealable, and, secondly, whether the appellant's writing was filed in time and contains the expression of grievances.
ARTICLE 247.- When it is declared that the resolution is not appealable, or that the appeal was not filed in time, it will not be necessary to decide on the opportunity of the continuation of the appeal and the expression of grievances. Otherwise, in the same order in which the appeal is resolved, it will be decided whether the written continuation of the appeal was presented in time and contains the expression of grievances.
ARTICLE 248.- If it is declared that the judgment under appeal is not appealable, or that the appeal was not brought in time, they will be returned to the court that knew the business, the cars which has been sent, with testimony of the judgment, to continue the processing, if any, or for the execution of the case, if it is a judgment.
ARTICLE 249.- If it is determined that the appellant's writing was presented outside the term of the site, or that it does not contain the expression of grievances, the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance had failed to comply with the judgment.
ARTICLE 250.- Within the day following the notification of the decree referred to in Article 245, the parties may express their disagreement with regard to the effects on the appeal has been admitted.
The court will decide, in a plane and without further appeal, in the same car as in article 246.
ARTICLE 251.- If the appeal admitted only in the effect of the return is declared admissible in both and the cars have not been sent, it will be prevented, to the court that has met the business, that you send them.
Where the appeal admitted for both purposes is declared admissible only in the case of the return, if the judgment under appeal is a judgment, the court of origin shall be sent the copy of the Article 234; if any, the originals shall be returned, leaving, in the court, a copy of the necessary constances, which shall be made subject to the provisions of the said article, and of what the parties shall indicate within three days following the respective notification.
ARTICLE 252.- In the order in which it is declared that the necessary requirements have been fulfilled for the substantiation of the resource, or the cars received, or the copy has been issued In the cases of the preceding article, the respective parties shall be sent to the other parties for the term of five days, if they are the case, and three, if any, of the letter of expression of grievances.
ARTICLE 253.- Only in the appeal of judgments or orders to terminate a inicdente, shall be admitted, to the parties, evidence in the second instance, provided that they have not been received in the first case for reasons other than his or her will, or which are related to exceptions after the hearing of pleas of first instance, or to previous exceptions that the person concerned has not had knowledge before that hearing.
The exceptions may be proposed and the documentary proof surrender, until prior to the celebration of the business audience.
ARTICLE 254.- To receive the evidence referred to in the previous article, a term of ten days shall be granted.
ARTICLE 255.- Outside of the cases of Article 253, the court will, in its judgment, determine the facts as they have been proven in the first instance.
ARTICLE 256.- In the order in which the writing of the grievances is sent, it shall be cited, to the parties, for the hearing of pleadings in the business, to be held within the the ten days of the end of the transfer period; but, if the term of proof is granted, the summons shall be without effect, and the hearing shall be held within ten days of the end of the said term; it shall be carried out in the prescribed form for the final hearing of the trial. If the appealed decision is self-ruling that it does not end an incident, it shall in no case be granted a test term, and the hearing of the pleadings shall be held within five days of the end of the transfer of the writ, failing within five days of the hearing being verified.
ARTICLE 257.- Notified the judgment, shall be sent testimony of it and of its notifications to the court that it knew or has known of the business in the first instance, returning the cars, if any.
ARTICLE 258.- The forced review that the law establishes with respect to some judicial decisions, will be aimed at studying the business in its integrity, unless the same law restrict it to certain points, for the purpose of confirming, reforming or revoking the lower sentence. The rules of this Chapter shall be observed in their processing and failure as soon as they are applicable.
ARTICLE 259.- The denied appeal proceeds when the appeal is not supported.
ARTICLE 260.- The resource will be interposed in the act of the notification or, at the latest, within three days after it causes status.
When the appeal is lodged, the appellant shall state the constances which interest him in the integration of the testimony referred to in the following Article.
ARTICLE 261.- The judge, without any substantiation and without suspending the proceedings in the business, will necessarily give entry to the appeal, in any case, and will agree to the issue of a testimony, in which they shall be inserted, in addition to the order ordering their issue and the notifications of the order, the order of appeal and their notifications, which has refused the admission of the appeal and its notifications, the constances which the court points out as (a) conduct, which the appellant has indicated, and which, within the three days following the notification of the order ordering the issue to the other parties.
ARTICLE 262.- If the appellant or the other parties do not make the indication as to the above article, the testimony shall be sent only with the constances that have been identified and which the judge designates.
The testimony will be submitted within the five-day term.
ARTICLE 263.- In the order referred to in Article 261, the judge shall place the appellant in order to, within the three-day term, to extend, where appropriate, to those who They correspond by reason of the distance, be submitted to the court of appeal, in order to continue the appeal.
ARTICLE 264.- The court, upon receipt of the promotion of the foregoing article, if the testimony is already in its possession, shall, of its own motion, examine whether the appellant is present in time to continue the resource. If I turn out to be extemporaneous, I will declare it deserted, and communicate its resolution to the business judge.
If it is stated that the continuation of the appeal was made, in time, in the same resolution, it will be decided on the qualification of the grade, made by the inferior, unless, of the testimony, appears that the denied was filed out of time, in which case the resolution that admitted it was revoked, thus communicating it to the bottom.
If, upon receipt, the court, the promotion referred to in the first paragraph, does not have, in its possession, the testimony, it shall hold it for the time that it is received, and, as it may be, proceed as indicated.
When the testimony is received and from it appears that the term has passed to improve the resource, it will be declared desert, of its trade, and will be communicated to the judge of the business.
ARTICLE 265.- If the rating of the grade is revoked and the appeal is declared admissible in both effects, the lower one shall be ordered to refer the cars.
If the appeal is declared admissible in the return effect, it shall be ordered to bear witness to the constances which the parties appoint and to which the judge points out, if they are not considered (a) a number of the cases in which the appeal is rejected, whether it is a self-appeal, or a referral of the orders, if it is a final judgment. In the first case, the terms for which the parties appoint the parties shall be counted from the notification of the order in which the child makes it known to them that the decision of the court of appeal is in their possession.
ARTICLE 266.- The second instance shall be processed in the form prevented in the preceding chapter.
ARTICLE 267.- Resources are not renountable.
ARTICLE 268.- If a final judgment is given pending an appeal, and the judgment is not under appeal, then the court will be notified that it will know of the resource, to declare it without matter and order your file. If the judgment is under appeal, the admission of the appeal shall be communicated to the court which is aware of the case, in order to refer the case to which it is to hear the case against the judgment, so that it may be dealt with in succession, first the pending resource and then the action against the statement.
If the pending appeal against an interlocutory resolution prospers, the court of appeal will then rule on its final ruling, if the decision in its interlocutor does not influence nor can it influence the meaning of the decision of the pending appeal against the final decision. In the opposite case, it will agree to postpone its final ruling until the lower of the mandate in the interlocutor is fulfilled. The lower one, within five days of having complied with the mandate in the interlocutory ruling, will thus inform the high court, which, within the same term, will summon the parties to pronounce the outstanding judgment.
The provisions of the preceding paragraph are not applicable when the interlocutory ruling provides for the provision of the proposal, as in this case the pending appeal against the definitive.
If the pending appeal refers to an incidental issue, highlighted by the principal and other than the procedural development of the latter, there is no question of the failure to appeal the judgment. final.
ARTICLE 269.- In the judgments of the Supreme Court of Justice in a single instance, no resolution of the plenary will admit recourse.
General Processing Acts
ARTICLE 270.- Legal actions and promotions can be performed in any form, provided that the law does not provide for a special.
ARTICLE 271.- Legal actions and promotions must be written in Spanish. What is written in foreign language will be accompanied by the corresponding translation into Spanish.
The actions given in the trials in which one or both parties are indigenous, who do not know how to read Spanish, the court must translate them into their language, dialect or language from your budget, through the person authorized to do so.
The promotions that the indigenous peoples or communities or the indigenous people in the individual, settled in the national territory, do in their language, dialect or language, not need to be accompanied by the Spanish translation. The court shall make it of its own motion from its budget, through the person authorized to do so.
The dates and quantities will be written with letter.
In proceedings given in judgments in which one or both parties have a visual, hearing or locution disability, the court shall at the request of the the party that requires it, grant the necessary assistance in respect of projected stenography or technical assistance.
ARTICLE 272.- In court proceedings, no abbreviations will be used or the wrong phrases will be scratched, on which only a thin line will be put, saving, at last, with all precision, the mistake made. The phrases written between lines will also be saved.
ARTICLE 273.- All statements, before the courts, will be rendered in protest of telling the truth and under the warning of the penalty that the crime of misrepresentation in court statements.
ARTICLE 274.- The hearings shall be public in all courts; except for those which, in the judgment of the court, may be secret.
The deal will be reserved.
ARTICLE 274 bis.- In the procedures in which persons who claim to have the quality of indigenous persons intervene, the same shall be credited with the single demonstration of who does it. Where the judge is in doubt or is in question in question, the Community authorities shall be required to issue the evidence attesting to the individual's membership of a particular village or community.
Treatment of procedures in which one or both parties claim to have the quality of persons with visual, auditory or silent disabilities, the same shall be credited with the The only manifestation of those who do so. In the event that the opposing party objects to the quality of the person with disabilities, the judge shall request the issue of a constancy to the relevant public institution.
ARTICLE 275.- The judge will, by itself, receive all statements, and will preside over all acts of evidence.
In the collegiate courts, the instructor has all the powers and obligations of the singular judge, until the closing hearing of the trial hearing. The pleadings will take place before the staff of the collegiate court, and the draft sentence will be formulated by the instructor.
The parties ' claims for violations of the procedure will be reserved to decide upon them when they pronounce the santency, and, if necessary, will be ordered to (i) an instructor practice the proceedings unduly omitted, or challenge the procedure in the part or parts indispensable to ensure that the claimant does not run out of defence, and that the hearing of the pleadings will be repeated and the judgment will be delivered.
ARTICLE 276.- All litigants, with their first promotion, will present:
I.- The document or document that accredits the character in which it is present in the business, in the event of having legal representation of any person or corporation, or when the right that it claims comes from being transmitted by another person; the exception of cases of official management and of those in which the representation corresponds to it by law;
II.- The number of simple copies required to be transferred to the other parties, either the principal or incidental claim or the documents accompanying them.
Promotion will not be given if copies are not accompanied. This provision applies to all cases where the promotion is to be carried forward.
The extemporaneous presentation of the copies carries the same consequences as the extemporaneous presentation of the promotion.
ARTICLE 277.- Interested parties may submit one more copy of their writings, to be returned to them signed and sealed by the secretary, with time and date of presentation.
ARTICLE 278.- The parties, in any court case, may ask, at all times, at their expense, certified copy of any constancy or document on the cars, which shall send the court, without prior hearing of the other parties.
ARTICLE 279.- The certified copies of judicial constances shall be authorized by the Registrar.
ARTICLE 280.- Not objected, in its opportunity, to the documents that will be presented in judgment, or definitively resolved the point concerning the objections that have been formulated, The parties may request, at all times, that the originals which they have submitted be returned to them, leaving, in their place, a certified copy. In the case of plans, schemes, sketches, and, in general, other documents which cannot be copied by the court's staff, they may not be returned as long as the business has not been definitively resolved; but they may be issued, at the expense of the interested, copies collated and authorized by an expert who names the court. The person concerned may also, when submitting the documents in question, accompany copies of the documents, which shall be returned to him prior to his or her approval by an expert named by the court.
In any case of return of the originals, they will be made in them, authorized by the secretary, the necessary indications to identify the judgment in which they were presented, expressing itself if it is pending or has already been resolved definitely, and, in the latter case, the sense of the sentence. This provision is not applicable to documents with which the personality is credited.
When it does not fit, in the document, the relationship that prevents the previous paragraph, you will be joined by a leaf in which it is finished, putting the seal of the secretariat in a way that covers the document and to the sheet.
The delivery will be right in cars.
Time and place in which court acts are to be performed
ARTICLE 281.- Judicial actions will be performed in business days and hours. They are business days every year, less on Sundays and those that the law declares holidays. It is business hours between eight and nineteen.
ARTICLE 282.- The court may enable indeft days and hours, when there is an urgent cause for it to be required, expressing any such action and the necessary steps to be taken by the court. be practiced.
If a diligence was started in business day and time, it can be brought to an end, without interruption, without the need for express enablement.
ARTICLE 283.- Whenever a judicial act is to take place on the day and hour indicated, and, for any circumstance, shall not be carried out, the secretary shall state, in the file, the reason for which it was not practical.
ARTICLE 284.- The judicial terms will begin to run on the day after the site, summons or notification takes effect and will be counted on the day of the maturity.
ARTICLE 285.- When several parties are involved, the term shall be counted from the day following that in which they are all notified, if the term is common to all of them.
ARTICLE 286.- In no way will the days in which the court proceedings not take place be counted, save the contrary provision of the law.
When, in one or more days, within a term, there has not been, in fact, office in the court, they will be increased ex officio, with due opportunity for there to be no interruption, to the term, the days when there was no dispatch. This resolution is not actionable.
ARTICLE 287.- In cars, the reason for the day when a term begins to run and the one in which it is to be completed will be settled. The constancy shall be established precisely on the day on which the notification of the decision in which the term is granted or the opening of the term takes effect. The same will be done in the case of the previous article.
The lack of reason does not have more effects than those of the responsibility of the disregard.
ARTICLE 288.- Concluded the terms fixed to the parties, the right that within them should be exercised, without the need for an acknowledgement of rebellion, will be lost.
ARTICLE 289.- When the practice of a judicial act or the exercise of a right, within a judicial procedure, must be effected outside the place in which it radiuses the business, and a term must be fixed for it or fixed by the law, the term shall be extended by one day more for every forty kilometres of distance or fraction exceeding half, between the place of radication and the place where the act or exercise is to take place; the right. The distance will be calculated on the most common transport route, which is shorter in time.
Except, as provided in the preceding paragraph, the cases in which, close the distance, are expressly stated, by law, a term, for the indicated acts.
ARTICLE 290.- The terms that, by law, are not individual, are common to all parties.
ARTICLE 291.- The judicial terms, save as otherwise, cannot be suspended or opened after completion; but may be terminated, by agreement of the parties, when they are established in their favour.
ARTICLE 292.- To fix the duration of the terms, the months will be regulated according to the calendar of the year, and the days will be understood as twenty-four natural hours, counted from the Twenty-four to 24.
ARTICLE 293.- In the event that proceedings have been taken or evidence from outside the trial venue has been provided, the following terms shall be granted at the request of the data subject. extraordinary:
I.- Two months if the place is within the national territory;
II.- Four months if you are in the United States of America, Canada or the Antilles;
III.- Five months if you are in Central America;
IV.- Six months if you are in Europe or South America, and
V.- Seven months when it is located elsewhere.
ARTICLE 294.- For the terms of the previous article to be granted, it is required:
I.- To be requested within three days of notification of the order granting the practice of the diligence or to test the business, and
II.- To be given the necessary data to practice the diligence, filling, if necessary, the legal requirements for each test, and, if this is not to be received outside the place of the judgment, but simply must be requested its submission, the data required for identification.
Filled with the above requirements, the court will grant, flat, the term, without any recourse to its resolution.
The terms of this article only suspend the processing of the judgment upon reaching the final hearing; all other proceedings must be conducted as if there were no pending an extraordinary term.
ARTICLE 295.- You will only enjoy, from the extraordinary term, the party to whom it is granted, and only for the purposes indicated in the respective order, which will be completed, even if the deadline has not been recorded.
ARTICLE 296.- In the computation of the extraordinary term, days will not be excluded for any reason.
ARTICLE 297.- When the law does not indicate a term for the practice of any legal act or for the exercise of any right, the following shall be noted:
I.- Ten days for testing, and
II.- Three days for any other case.
ARTICLE 298.- Proceedings that cannot be performed at the place of the residence of the court in which the judgment is followed, shall be entrusted to the Judge of the District or of First Instance for matters of greater value of the place in which they are to be practised.
If the requested court is unable to practice, at the place of its residence, all the proceedings, it shall, in turn, entrust the relevant local court, within its jurisdiction, with the practice of which they must take place.
The Supreme Court can entrust the practice of all kinds of proceedings to any judicial authority in the Republic, authorizing it to issue resolutions that are required for completion.
ARTICLE 299.- The exhorts and dispatches will be issued the next day when the agreement that prevents them will be caused, unless otherwise determined by the court, without no case, the term fixed may exceed ten days.
ARTICLE 300.- The exhorts and dispatches that are received, will be provided within three days of their receipt, and will be completed within the following five days, unless What is to be done requires a longer period of time; in this case, the required court will determine the appropriate one.
ARTICLE 301.- To be diligent the exhorts of the courts of the Republic, the prior legalization of the signatures of the court that is issued is not required; but, the courts of the local jurisdiction, shall be referred, to their destination, through the highest court of justice of the institution.
ARTICLE 302.- (Repeals).
ARTICLE 303.- The notifications, citations, and sites will be made, at the latest, the day after the resolutions are issued that prevent them, when the Court, in these, I did not dispute anything else.
ARTICLE 304.- The resolution in which a notification, summons or placement is sent shall express the purpose of the diligence and the names of the persons with whom it is to be practiced.
ARTICLE 305.- All litigants, in the first document or in the first judicial diligence in which they intervene, must designate a house located in the population in which the seat is located. court, to be made the notifications that must be personal. They must also point out the house in which the first notification must be made to the person or persons against whom they promote, or to whom they are interested to be notified, by the intervention they must have in the case. It is not necessary to indicate the domicile of public officials. They will always be notified at their official residence.
ARTICLE 306.- When a litigator fails to comply with the provisions of the first part of the previous article, personal notifications will be made in accordance with the rules for notifications that should not be personal.
If you miss the second part of the same article, no notification will be made to the person or persons against whom you are promoting or to whom you are interested to be notified. (b) the failure to act; unless the persons referred to are spontaneously referred to the court, to be notified.
ARTICLE 307.- As long as a litigant does not make a new designation of the house in which personal notifications are to be made, they will continue to do so in the house. has been identified.
ARTICLE 308.- The courts have the duty to examine the first promotion of any person, or what it will expose in the first diligence that with it will be practiced, and, if not The designation of the house in which the personal notifications are to be made, shall of course agree, without the need for a request of part or certification of the secretariat, on the omission, that is carried out in the form prescribed by the article 306, as long as it is not subsane.
ARTICLE 309.- Notifications will be personal:
I.- To place the defendant on trial, and in any event in the case of the first notification in the business;
II.- When I cease to act for more than six months, for any reason; in this case, if the address of a party is ignored, the notification will be made to you by edicts;
III.- When the court considers that this is an urgent case, or that, for some circumstance, they must be personal, and so expressly order it, and
IV.- In any case, the Attorney General and Agents of the Federal Public Ministry, and when the law expressly provides for it.
ARTICLE 310.- Personal notifications will be made to the person concerned or to his or her representative or prosecutor, at the designated house, leaving him a full, authorized copy of the resolution that is reported.
To the Attorney General and to the agents of the Federal Public Ministry, in their respective cases, personal notifications will be made to them or to those who replace them in the exercise of their functions, in the terms of the institution's organic law.
If the notice of the claim is addressed, and the first one seeks not to be found to be notified, it will be left to him to wait, in the designated house, at fixed time the next day, and, if you do not wait, you will be notified by instructional, giving the respective copies when making the notification or leaving the notification.
ARTICLE 311.- To make a personal notification, and save the case provided for in Article 307, the notifier shall, by any means, be satisfied that the person to be notified lives in the designated house, and, after that, will practice diligence, all of which will settle the reason in cars.
If the notifier is unable to make sure that he/she lives in the designated house, the person to be notified will refrain from the notification, and will record it in order to give The Court shall, without prejudice to the fact that it may proceed in the terms of Article 313.
ARTICLE 312.- If, in the house, the person concerned is denied or the person with whom the notification is understood, to receive the notification, will be made by the notifier by means of an instructional that will fix at the door of it, and it will settle for such a circumstance. In the same way they will proceed if they do not occur to the call of the notifier.
ARTICLE 313.- When, in the notice of the notifier, there is an established suspicion that the person to be notified is denied living in the designated house, he will be notified at the site in which you usually work, if you find it, according to the data you have promoted. The person concerned may also be notified personally, wherever he is; but, in the cases of this article, he must certify, the notifier, be the person notified of his or her personal knowledge, or have been identified by two witnesses of his knowledge, who will sign with him, if they know to do so. In order to make the notification, in the cases of this article, the same as when the advocate makes different designation of the place to be practiced, no new judicial determination is needed.
ARTICLE 314.- When the person who is to be notified for the first time, resides outside the place of judgment, the provisions of Article 298 shall apply.
ARTICLE 315.- When a person who has disappeared, has no fixed address or is ignored where he is found, the notification shall be made by edicts, which will contain a summary of the complaint, and will be published three times, seven in seven days, in the Official Journal and one of the daily newspapers of major circulation in the Republic, making it known that it must be submitted within the Thirty days, numbered from the following to the last publication. A full copy of the resolution shall be fixed at the court's door, for the entire time of the site. If, after this term, it does not appear in itself, by proxy or by manager who can represent it, the judgment in absentia shall be followed, making the subsequent notifications by rotulon, which shall be fixed at the gate of the court, and shall contain, in summary, the judicial determination to be notified.
ARTICLE 316.- Notifications that are not required to be personal will be made in the court, if the persons who are to receive them are to be sent no later than the day following the day on which they are issued. the decisions to be notified, without prejudice to the fact that they are to be notified within the same time as the case, which shall be fixed at the door of the court.
Of all the kneecap notification will be added, to the cars, a so much of the one, settling the corresponding reason.
ARTICLE 317.- You must sign the notifications to the person who makes them and those to whom they are made. If you do not know or wish to sign, you will be notified by the notifier. Any person will be given a simple copy of the resolution notified to him, without the need for a judicial agreement. Copies that do not collect the items will be stored in the secretariat, while the business is pending.
ARTICLE 318.- If the persons concerned, their procurators or the persons authorized by them, do not occur to the court to be notified within the term referred to in Article 316, the notifications shall be made, and shall have their effect on the day following the fixing of the kneecap.
ARTICLE 319.- When a notification is made in a manner other than that prevented in this chapter, or omitted, the aggrieved party may promote incident on a declaration of nullity of the action, from the notification made unduly or omitted.
This incident will not suspend the course of the proceedings, and, if the nullity is declared, the court will determine, in its resolution, the actions which are null and void, ignored the one who promoted the incident of nullity, or by not being able to subsist, nor could have been legally practiced without the prior existence and validity of others. However, if the business is to be put in a state of failure, without a firm resolution deciding the incident, it will be suspended until it is resolved.
ARTICLE 320.- Notwithstanding the foregoing title, if the misnotified or unnotified person is to manifest, before the court, the providence, before the to promote the incident of nullity, the misinformed or omitted notification shall have its effects, as if it were made in accordance with the law. In this case, the nullity incident that is promoted will be thrown out of hand.
ARTICLE 321.- Any notification shall have its effects the day after the day on which it is practiced.
ARTICLE 322.- Demand will express:
I.- The court before which it is promoted;
II.- The name of the actor and the respondent.
If real action is exercised, or of vacancy, or on the demolition of dangerous work or suspension and demolition of new work, or on damages caused by one property over another, It is not necessary to indicate the name of the person against whom the claim is to be made, but it will be sufficient for the immovable property to be appointed, in order for the defendant to be appointed. The same shall be observed in similar cases, and the site shall be done as required by Article 315;
III.- The facts in which the actor funes his request, narrating them succinctly, with clarity and precision, in such a way that the defendant can produce his defence and defence;
IV.- The basics of entitlement, and
V.- What is called for, designating it accurately, in clear and precise terms.
ARTICLE 323.- With the action the actor must present the documents in which the action is founded. If he does not have them at his disposal, he shall designate the file or place where the originals are located, so that, at the expense of the original, he shall send a copy of them, in the form that the law prevents, before the application is accepted. It is understood that the actor has at his disposal the documents, provided that he can legally request a copy of the originals.
If the author is unable to present the documents in which he is acting, for the reasons set out in Article 213, before the application is accepted, he or she will be given testimonial information or other proof enough to prove them. facts by virtue of which he cannot present the documents, and when this proof is not possible, he will declare, under protest of telling truth, the cause by which he cannot present them.
ARTICLE 324.- With the application, all the documents that the actor has in his or her power will be accompanied and that they will serve as evidence on their part, and, the ones that I will present later, with violation of this precept, they will not be admitted. Only documents which serve as evidence against the exceptions alleged by the defendant, those of a date after the filing of the application and those which, although they were earlier, shall be admitted to him, shall be admitted to him in protest of telling the truth, I said I had no knowledge of them.
With the provisos of the previous paragraph, you will not receive the documentary proof that does not work in your power when you file the claim, if you do not mention it, for the effect that it is timely received.
ARTICLE 325.- If the claim is obscure or irregular, the court must, for one time, prevent the actor from clarifying, correcting or completing it, for which it will be returned, specifically pointing out to him his shortcomings. Filed again, the court will give you a course or throw it away.
The car that admits the demand is not appealing, the one that the waste is appealable.
ARTICLE 326.- When a moral person is sued, whose representation corresponds, by provision of the law or its regulations or statutes, to a council, board or group director, the claim shall in any event be directed against the moral person, and the placement shall be made for the sake of the good if it is made to any of the members of the board, board or steering group.
ARTICLE 327.- The supported demand will be moved to the person against whom it is proposed, placing it in order for it to reply within nine days, increased with those correspond by reason of the distance.
If the defendant resides abroad, the term of placement shall be prudently extended, taking into account the distance and the greater or lesser ease of communication.
When the defendants force several, the term to answer will be run individually.
ARTICLE 328.- The effects of the placement are:
I.- Prevent judgment in favor of the court that does;
II.- Hold the site to follow the trial before the court that pleated him, being competent at the time of the summons;
III.- Compel the defendant to answer to the court that pleating him, except always the right to promote incompetence, and
IV.- Produce all the consequences of judicial interpellation.
ARTICLE 329.- Demand must be answered by denying, confessing, or opposing exceptions. The defendant shall refer to each and every one of the facts included in the claim, stating them, denying them, expressing those which he ignores for not being his own, or referring to them as he believes they took place. The facts on which the defendant shall not explicitly dispute shall be admissible, without any evidence to the contrary. The pure and simple negation of the right matters the confession of the facts; the confession of the facts does not imply the confession of the right.
ARTICLE 330.- When, when answering, it is not countersued, the answer cannot be extended at any time of the trial, unless it is exceptions or defenses. or that the defendant has not been informed when producing his or her reply. In such cases, the corresponding extension is allowed only once before the closing of the closing arguments of the final hearing of the trial, and the test of the exceptions will be made in accordance with the provisions of Article 336.
ARTICLE 331.- The provisions of Articles 323 and 324 apply to the defendant in respect of the documents in which he or she has failed or to serve as evidence in the judgment.
ARTICLE 332.- When the term of the placement has elapsed, without the demand being answered, the facts will be confessed, as long as the location is personally and directly with the defendant, his representative or proxy; he shall be subject to his rights to prove against him. In any other case it shall be answered in the negative.
ARTICLE 333.- If, when the application is answered, the counterclaim is opposed, the actor will be transferred to the actor, so that the actor can answer it; the provisions of the articles are observed prior to the request and reply.
ARTICLE 334.- Only the incompetence will be substantial in previous article and special pronouncement.
ARTICLE 335.- When an exception merges in the lack of personality or in any procedural defect that can be remedied, to legally channel the development of the process, may be corrected in any state of the judgment.
ARTICLE 336.- The supervenlient exceptions or the fact that the person concerned has not been informed, will be tested within the probative term, if the remainder is not less than Twenty days. Otherwise, this period shall be completed or granted.
ARTICLE 337.- After the end of the term to answer the claim or counterclaim, in its case, the court will open the trial to trial, for a term of thirty days.
ARTICLE 338.- No party can oppose the receipt of the business to the test, nor the receipt thereof, even claiming that the offered are implausible or inconductive.
ARTICLE 339.- The evidence offered in a timely manner, which has not been received by causes independent of the will of the interested parties, will be received, at the request of the party, in the The court should be prudently established.
Against the order to order the reception, no appeal will be available.
ARTICLE 340.- The provisions of the two preceding articles are applicable in all instances, save contrary provision of the law.
In any evidentiary procrastination, in respect of which it is not available, in this Code, the form and time of proposing or receiving the evidence, the court shall determine in the order that it grants it, taking into account the nature of the facts to be proved and the evidence to be given.
Final hearing hearing
ARTICLE 341.- When there is no controversy about the facts, but if on the right, it will of course be cited for the hearing of the pleadings, and the judgment will be delivered, or not the right to be established, to be established in the cases of Article 86.
ARTICLE 342.- Concluded the receipt of the evidence offered by the parties and the court documents, if any, the final day of the test term will be verified the final hearing of the trial, according to the following items, whether or not the parties are present.
If any of the parties were indigenous and did not speak Spanish, or speak it they did not know how to read, they should be assisted by an interpreter with knowledge of their language and culture, the purpose of ensuring that all judicial proceedings which take place in that hearing are properly known, either in their own language or in Spanish; in any case, the same shall be established in both languages, if the nature of the language permits.
If one of the parties or both has a visual, hearing or locution disability, it will be the duty of the judge to order as requested by the court. necessary assistance in the field of projected stenography, in the terms of section VI of Article 2 of the General Law of Persons with Disabilities or Translator, in order to ensure that each and every action is known the court of law that takes place in that hearing.
Yes for the hearing of the audience it is not possible to have the assistance required for the indigenous people and for the visually impaired, hearing or silent the driver must be suspended and ordered to take place at a later date, in order to ensure compliance with that provision.
ARTICLE 343.- Open the hearing, shall bring the court to a discussion, at the points it deems necessary, the documentary evidence of the actor, and, at once, that of the defendant, granting to each party the use of the word, alternately for twice the test of each part, for a term that must not exceed fifteen minutes.
Discussed the documentary evidence, will be passed to the discussion of the expert, in the points that the court deems necessary, if there has been discrepancy between the experts, granting to the use of the word, only once, for a term that shall not exceed thirty minutes. If there has been no discrepancy, it will be passed to the discussion of the testimonial test, which will take effect exclusively by direct questioning of the court to the witnesses and to the parties, posts in formal charge, for the effect of clarifying the conflicting points observed in his statements.
shall not prevent the conduct of the hearing from the lack of assistance from the parties or from the experts or witnesses, being the case, where appropriate, of the presentation of the experts or witnesses which each has appointed. The lack of assistance from the experts or witnesses that the court has cited for the hearing, as appropriate, will not prevent the hearing from being held either; but a fine will be imposed for the amount of one hundred. Twenty days of general minimum wage in force in the Federal District.
ARTICLE 344.- Termination of the discussion of the preceding articles will open the hearing of pleadings, in which the following rules will be observed:
I.- The secretary will read the car constances that will ask for the part that is in the use of the word;
II.- First, the actor and the defendant will first be alleged. It will also allege the Public Ministry when it is part of the business;
III.- Only the use of the word shall be granted twice to each party, who, in the replica and rejoinder, shall plead both on the substantive issue and on the incidents that have occurred in the process;
IV.- When one of the parties is sponsored by several lawyers, she cannot speak for her, more than one in each shift;
V.- In their pleadings, they will seek the parties as soon as possible and concised;
VI.- You cannot use the word for more than half an hour each time. The courts shall take the appropriate steps to ensure that the parties are subject to the appropriate time. However, where the matter of the business warrants it, the courts may allow the time marked to be extended, or to be used for the other time of the word, with the most complete fairness being observed between the parties, and
VII.- The parties, even if they do not contest or renounce the use of the word, may submit statements of pleadings, and even draft judgment, before the hearing ends. Those of the party who do not attend or renounce the use of the word, shall be read by the secretary.
ARTICLE 345.- When the application is expressly confessed, in all its parts, and when the actor manifests its conformity with the answer, the procedure shall be sentence.
ARTICLE 346.- Termination of the hearing that deals with the previous chapter, can in it, if the nature of the business allows, to pronounce the court its judgment, being able adopt, under their responsibility, any of the projects submitted by the parties.
ARTICLE 347.- If, in the hearing, the court does not pronounce its judgment, it will itself quote to pronounce it within the term of ten days.
ARTICLE 348.- When the judgment is delivered, the exceptions that do not destroy the action will be considered in advance, and if any of these are declared appropriate, the courts to enter the business fund, leaving the actor's rights safe. If such exceptions are not declared, it shall be decided on the merits of the business, either by condemning or absolving, in whole or in part, the result of the valuation of the evidence which the court makes.
ARTICLE 349.- The judgment will exclusively deal with the persons, things, actions, and exceptions that have been subject to the judgment.
It is enough for an exception to be a mere right or proven from the car constances, to be taken into account when deciding.
ARTICLE 350.- When the actor fails to prove his/her action, the defendant will be acquitted.
ARTICLE 351.- Except in the case of Article 77, the courts may not, under any pretext, postpone, delay, omit or deny the resolution of the questions that have been discussed in the trial.
ARTICLE 352.- When the litigious points have been several, the corresponding declaration for each of them shall be made with due separation.
ARTICLE 353.- Where there is a conviction of fruits, interests, damages or damages, the amount of the amount shall be fixed in liquid quantity, or at least the bases shall be established according to the which is to be wound up, where they are not the main object of the judgment.
ARTICLE 354.- The res judicata is the legal truth, and against it no recourse or proof of any kind is admitted, except the cases expressly determined by the law.
ARTICLE 355.- There is a judged thing when the statement has caused execution.
ARTICLE 356.- Cause the following statements to execute:
I.- Those that do not support any resource;
II.- Those who, by admitting any recourse, are not under appeal, or, having been, have declared themselves to be deserted, or have withdrawn the appellant from it, and
III.- Those expressly consented to by the parties, their legitimate representatives or their leaders with sufficient power.
ARTICLE 357.- In the cases of fractions I and III of the previous article, the sentences cause execution by law ministry; in the cases of the II fraction is required judicial declaration, which will be made at the request of a party. The declaration shall be made by the court of appeal in the decision declaring the appeal to be deserted. If the judgment is not appealed, upon certification of this circumstance by the Secretariat, the declaration shall be made by the court which has given it, and, in the event of withdrawal, shall be made by the court before which it has been enforced.
The declaration that a statement caused execution does not support any resource.
ARTICLE 358.- Incidents that do not have a special handling, will be subject to the one set out in this Title.
ARTICLE 359.- The incidents that impede the continuation of the procedure, will be substantial in the same piece of cars, remaining, meanwhile, in suspense that; do not put it in separate notebook.
They put obstacles, following the procedure, the incidents that aim to resolve an issue that must be established in order to continue the sequel in the main, and those in respect of which the law so disposes.
ARTICLE 360.- Promoted to the incident, the judge will order the other parties to be transferred, for the term of three days.
Elapsed, if the parties do not promote evidence or the court the necessary estimate, it shall be cited, for within three days following, the adience of pleadings, which shall be verified either by the parties or not. If proof is promoted or the court is deemed necessary, a ten-day probative procrastination shall be opened, and the hearing shall be verified in the manner mentioned in Chapter V of the First Title of this Book.
In any of the above cases, the court will, within five days, dictate its resolution.
ARTICLE 361.- All the provisions on trial in the judgment are applicable to the incidents, in which they do not object to the precept in this Title, with the sole modification that the expert and testimonial tests will be offered within the first three days of the probative term.
ARTICLE 362.- In the final resolution of an incident, the corresponding statement on costs shall be made.
ARTICLE 363.- Cars that in the second instance resolve an incident do not admit any recourse.
ARTICLE 364.- The incidental resolutions have no effect other than in the judgment in which they have been given, unless the resolution refers to several judgments, which will have effects on all of them.
Suspension, interruption, and expiration of the process
ARTICLE 365.- The process is suspended when the trial court is not able to function in a case of force majeure, and when either party or its representative In his case, without any fault of his own, he is in the absolute impossibility of attending to the care of his interests in the litigation. The effects of this suspension shall be given in full, with or without a judicial declaration.
ARTICLE 366.- The process will be suspended when the decision cannot be made, but until a resolution is pronounced in another business, and in any other special case determined by the law.
ARTICLE 367.- The status of suspension shall be stated by a judicial declaration, at the request of a party or of an office. The same declaration shall be made when the causes of the suspension have disappeared.
If the representative is an attorney, the suspension cannot be prolonged for more than one month. If this period remains the case, the process will continue, being the detriment of the party if it does not provide its representation in the trial.
ARTICLE 368.- With the exception of urgent and secure measures, any procedural acts verified during the suspension are ineffective, without requiring or declaring their nullity.
The acts executed before a different court of the business, are only ineffective if the suspension is due to the impossibility of the parties to take care of their interests in the litigation.
The time of the suspension is not computed in any term.
ARTICLE 369.- The process is interrupted when it dies or is extinguished, before the final business audience, one of the parties.
It is also interrupted when the procedural representative of a party dies, before the final hearing of the business.
ARTICLE 370.- In the first case of the previous article, the interruption will last the indispensable time for the person, in the trial, the cause of the missing person or his representative.
In the second case of the same article, the interruption will last the time necessary for the party that has been left without a procedural representative to provide for its replacement.
ARTICLE 371.- In case of death of the party, the interruption will cease as soon as the existence of a representative of the succession is credited. In the second case, the interruption ceases to the expiration of the term indicated by the court for the replacement of the missing procedural representative, being to the detriment of the party if it does not provide to its representation in the trial.
ARTICLE 372.- Article 368 applies to the case of interruption.
ARTICLE 373.- The process expires in the following cases:
I.- By agreement or transaction of the parties, and by any other cause that substantially makes the matter of the dispute disappear;
II.- For the withdrawal of the prosecution, accepted by the defendant. Do not require acceptance when the withdrawal is verified before the demand is moved;
III.- For voluntary compliance with the claim before the statement, and
IV.- Outside of the cases provided for in the two preceding articles, where, whatever the state of the proceedings, no procedural or promotional act has been carried out for a period of more than one year, so be it for the sole purpose of requesting the dictation of the pending resolution.
The term must be counted from the date the last procedural act was performed or the last promotion was made.
The provisions for this fraction are applicable in all instances, both in the main business and in the incidents, with the exception of cases of forced revision. The main expired, the incidents expire. The expiration of the incidents only produces that of the principal when they have suspended the procedure in this one.
ARTICLE 374.- If, in the cases of fractions I to III, all litigious matters are not understood for whose resolution the process has been opened, it will continue only for the decision of the remaining questions.
ARTICLE 375.- In the cases of fractions I to III of article 373, the decision that decrees the expiration shall be issued by the court, at the request of a party or of its own office, be aware of the facts that motivate you.
In the case of fraction IV of the same article, the expiration will operate in full right, without the need for a declaration, for the simple course of the term indicated.
In any case where a process has expired, the declaration of trade shall be made, by the court, or at the request of either party.
The resolution that is dictated is appealable in both affections.
When the expiration is operated in the second instance, having a background statement of the first instance, it will cause this execution.
ARTICLE 376.- In the cases of the first three fractions of Article 373, the following rules shall be observed in relation to the conviction in costs:
I.- If there is a convention, it will be agreed upon in the;
II.- If there is no agreement and the cases of fractions I and II shall be treated, there shall be no place of condemnation;
III.- If the case of fraction III is dealt with, the rules laid down in Chapter II of the First Title of the First Book shall apply.
ARTICLE 377.- In the case of section IV of article 373, there shall be no place of damnation on the coast.
ARTICLE 378.- The expiration, in the cases of fractions II and IV, has the effect of annulling all the verified procedural acts and their consequences; In any future judgment on the same dispute, the proceedings cannot be invoked in the case of the expiry of the proceedings.
This expiration does not, in any way, influence the relations of law between the parties that have intervened in the process.
Preparatory, securing, and precautious measures
ARTICLE 379.- When a party requires indispensably, in order to file a claim for the inspection of certain things, documents, books or papers, the judicial authority may to declare their exhibition, after checking the right of the measure and the need for the measure.
ARTICLE 380.- If the person of whom the exhibition is asked to object to it, his opposition to the incidental procedure will be substantial.
ARTICLE 381.- In case of non-compliance with the person required for the exhibition, whether the person has opposed it and his opposition has not prospered or there has not been an opposition, the court will use of the award means to enforce their determination.
ARTICLE 382.- The resolution granting or denying the measure is appealable.
ARTICLE 383.- The display request interrupts the action limitation, provided that the corresponding claim is filed within five days of the time the action is taken. make the exhibition, or within the five following the one in which it is judicially established that the exhibition cannot be carried out.
ARTICLE 384.- Before the trial begins, or during its development, all necessary measures can be enacted to maintain the existing factual situation. These measures shall be declared without a hearing of the counterparty and shall not be admissible. The resolution that denies the measure is appealable.
ARTICLE 385.- The party that has an interest in the modification of the existing situation, must propose its application to the competent authority.
ARTICLE 386.- When the maintenance of the facts in the state that guarantee the suspension of a work, the execution of an act or the conclusion of a contract, the application must be proposed by the party requesting the measure, within five days, from the date on which the suspension was ordered.
The failure to file the claim within the stated time limit leaves no effect on the measure.
ARTICLE 387.- In any case where the maintenance of things in the state that they maintain may cause harm or harm to a person other than the one requesting the measure, it shall be required, The Court of Justice has previously held a reasonable guarantee to ensure its payment, in the court's judgment that decrees it.
ARTICLE 388.- The determination that orders the things to be maintained in the state that they maintain when the measure is dictated, does not prejudge the legality of the situation that is maintained, or the rights or responsibilities of the applicant.
ARTICLE 389.- Within the judgment or before it is initiated, the following precautionary measures may be decreed, at the request of a party:
I.- embargo of sufficient assets to ensure the outcome of the trial, and
II.- Deposit or insurance of things, books, documents or papers on which to view the suit.
ARTICLE 390.- The measure referred to in Part I of the preceding Article shall be granted at the request of the data subject, who shall fix the amount of the claim, if not yet The trial is being established. The decision granting the measure shall fix the amount of the amount to be secured.
ARTICLE 391.- The party requesting the measure must previously grant sufficient guarantee to respond to the damages and damages that it causes, and the portion against the which may be obtained by lifting the measure, or which is not carried out, by providing sufficient counter-guarantee to respond to the outcome of the judgment.
ARTICLE 392.- The measure in which Article 389 (II) is dealt with shall be decreed when the existence of a well founded fear or the danger of things, books, documents or papers can be hidden, lost or altered.
ARTICLE 393.- In the case of the previous article, the requesting the measure will grant previously sufficient guarantee to respond to the damages and damages that with it cause, without the counterparty being able to provide assurance for the measure to be lifted or not to be carried out. In order to fix the amount of the security covered by this Article and the 391, the court may hear, where it considers it necessary, the opinion of an expert.
ARTICLE 394.- The measures referred to in Article 389 shall be applied, where appropriate, the provisions of Chapter VI of Title V of the Second Book.
ARTICLE 395.- Any measure of those authorized by Article 389 shall be decreed without an audience of the counterparty, and shall be executed without prior notification.
ARTICLE 396.- The resolution that denies the measure is appealable in both effects, the one that grants it only is in the return.
ARTICLE 397.- If the measure was enacted before the start of the trial, it will remain insistently if the lawsuit is not filed within five days of practice, and the things to the state they kept before the measure was dictated.
ARTICLE 398.- In the case of the previous article, and in the last paragraph of the 386, the guarantee granted to obtain the measure will not be cancelled, but will last for the time essential for the prescription of release, unless otherwise agreed by the parties.
ARTICLE 399.- No preparatory, assurance or precautious diligence may be decreed that is not authorized by this title or by special provision of the law.
ARTICLE 400.- The execution demand must fill the requirements set by Title First, Chapter I, of this Book, unless there is an earlier execution statement, case in which you will only be asked to run.
ARTICLE 401.- The claim is admissible, order shall be issued ordering the debtor to be required to comply with the obligation in the act of the requirement, if this is possible and, if not does so, have sufficient assets to comply with it, or to ensure the payment of damages.
ARTICLE 402.- If the debtor does not comply with the obligation, the insurance or embargo shall be practiced and shall be placed on the defendant in the terms of Chapter II of the Title First of This Book, following, according to it, the judgment.
ARTICLE 403.- The term of the placement has elapsed, without having been answered the demand, when the diligence has been understood personally and directly with the defendant, his representative or proxy, if the same documents accompanied by the application do not justify an exception, the elements of the action being justified, judgment of conviction shall be delivered, and the procedures of execution.
When the placement has been done in a different way, the execution demand will be negatively answered, and the trial will be continued in the form provided for in the Title. First of this Book.
ARTICLE 404.- Pronounced the executing statement, only the exceptions after the final hearing of the last instance, credited by documentary evidence or confessional, or directly resulting from the law. To resolve them, the incidental procedure will be used. The opposition will no longer be accepted.
ARTICLE 405.- Even if, in the judgment, which has caused execution, a term is fixed for the fulfilment of the obligation, at the request of a party may be decreed, in any time, prior to their compliance, the freezing or securing of sufficient goods to comply with the judgment, or to ensure payment of damages, in the event of non-compliance.
Be equated, to the judgments, judicial or judicial agreements or judicial agreements ratified judicially.
ARTICLE 406.- The auto that denies the execution is appealable in both effects.
ARTICLE 407.- Motivate execution:
I.- The executed statements;
II.- Public documents that, under this Code, are fully tested;
III.- The private documents recognized before the notary or before the judicial authority, and
IV.- Other documents which, in accordance with the law, bring about implementation.
ARTICLE 408.- Recognition can only be requested of the required person, the executor of his/her succession, the legitimate representative of the obligor, the representative of an absentee or ignored, from the manager, president or director of a society or association, from which the social firm and the president can take with him enough power.
ARTICLE 409.- Promoted to the recognition, it will be sent to quote the person from whom it is intended, to appear, the day and time that it is pointed out, to say if it recognizes as issued by her or her represented, the document, and as his or her represented, the signature with which this subsccripto, warning that, if it does not appear, it shall be recognized, in the case of the person of the signatory. The same warning shall proceed when the document is signed by the person who must recognize it.
ARTICLE 410.- When, to the diligence of recognition of a document, the person to whom the issue is attributed, or to whose request has been issued, must be said categorically whether you recognize it or not, as well as the signature with which you are subscribed, if it is your own.
In case you recognize as your own only part of the document or only the signature, it will be stated, with all clarity, which part of the document is recognized and which is not.
ARTICLE 411.- A document will be recognized:
I.- When the signatory of the same or the person who must recognize it does not appear, when another has signed its name, and
II.- When persons identified in the previous fraction do not categorically answer whether or not they recognize the document.
The recognition is governed by the rules of the Confession.
ARTICLE 412.- It is competent court, to know of the recognition, the one that is to know of the judgment.
The citation, for the recognition of a document, will be done in the prescribed form for the confession.
ARTICLE 413.- The document that has not been recognized in its entirety is not executive.
ARTICLE 414.- No recognition shall be required when the private document is a deed of sale, permuse, mortgage or garment that has been registered in the Public Registry of the Property.
ARTICLE 415.- Notwithstanding the executive character of the documents, the execution shall not be issued if they are not of a period of time fulfilled and unconditioned, in their compliance, obligations which they contain, unless they have been declared enforceable.
ARTICLE 416.- If the contained obligation is only true and determined in part, only the execution will be dispatched.
ARTICLE 417.- In any case, in order to issue execution, it is necessary to practice a settlement in advance, it will be carried out by the incidental procedure.
ARTICLE 418.- It may be released on the basis of a non-executive private document, by granting sufficient security to respond to damages that with it are caused. The Federation is exempt from granting this guarantee.
ARTICLE 419.- You may prepare for execution by any of the measures outlined in Article 379.
If an alternative obligation is to be executed, the choice of which corresponds to the debtor, it will be required prior to the debtor to do so, warning that it will be made by the debtor. court, in its default, or by whom it corresponds, in accordance with the provisions of the contract or the law.
Formas of execution
ARTICLE 420.- When the obligation consists in the execution of a fact or in the provision of something, it shall be determined, at the obligation, a prudent period, for its compliance, to be met the circumstances, if it is not fixed in the judgment or in the document.
ARTICLE 421.- If, after the deadline, the obligated does not comply, the following rules will be observed:
I.- If the fact is personal of the obligor, and cannot be provided by another, the performer, may claim the payment of damages, unless, in the Title, any penalty has been fixed, case in which for this, the execution will be dispatched:
II.- If the event may be provided by another, the court shall appoint a person or persons who execute it, at the cost of the obligation, in the term to be fixed to them, or the obligation in damages shall be settled, at the choice of the performer:
III.- If the fact is the granting of a document, the court will do so, in absentia of the executed one, and
IV.- If the fact consists of the delivery of any farm or things, documents, books or papers, the media will be used to obtain the delivery.
The vacancy of an estate can only be ordered in final judgment; it is possible to grant a term up to sixty days, fixed prudently by the court, to make delivery of she. If on the farm there is a commercial, industrial or agricultural negotiation, the court will prudently point out the term that is indispensable. The insurance of property can only take place to guarantee the payment of the benefits claimed and the damages.
ARTICLE 422.- In the case of section II of the previous article, the person named by the court has the right to ask, in the same execution cars, before making his or her work, which must be assured by the obligor, fixed by agreement between them, or, in the absence thereof, by means of experts; and, if the obligor will resist making the payment, he may ask to be issued execution against him, for the quantity agreed, or, failing that, to be determined by the court, in the light of the opinions of the Pericials.
ARTICLE 423.- When it is a sentence that you condemn not to do, your execution will consist of notifying, to the sentenced, that from the fulfillment of the term that in itself The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European The same shall be observed when the obligation not to make any other title shall be established.
ARTICLE 424.- In any other case in which enforcement is issued, it shall send the court that is required of the debtor, so that, in the act of diligence, it shall cover the benefits claimed, and that in the event of failure to do so, if there is no property that has been affected by the obligation, or the goods which were not sufficient, are taken on board to satisfy the claim.
ARTICLE 425.- In the same order as referred to in the foregoing Article, the parties shall be prevented from preventing the parties, within three days, from each name of a valuer, and, between them, a third, warning that the appointments they will leave to be made will be made by the court.
ARTICLE 426.- When the execution is for a certain and certain thing, and, when trying to take effect, I will find that it no longer exists, that the debtor has hidden it or simply does not appear, the performer can claim their value, interest and damages, for the amounts that he specifically sets, and for them will be issued execution, substantial opposition, if any, by the incidental procedure.
ARTICLE 427.- If the thing is in the power of a third party, the execution cannot be dispatched against it, but in the following cases:
I.- When the execution merges into actual action, and
II.- When the disposal for which the third party acquired was declared null and void.
ARTICLE 428.- (Repeals).
Third-party opposition to execution
ARTICLE 429.- When, in an execution, interests of third parties are affected that do not have, with the executing or the executed, any controversy that may influence the interests of these, by virtue of which the execution has been ordered, both the executing and the executed are jointly and severally liable for the damages and damages that with it are caused to the third, and the opposition of this one will be resolved by the procedure incidental.
When it is shown that only one of the parties has been responsible for the execution of the goods of the third party, the solidarity ceases.
ARTICLE 430.- When, in an execution, third party interests are affected that have a controversy, with the performer or the executed, that may influence the interests of the have been motivated by the execution, or arising from it, the third party's opposition shall be substantial in the form of judgment, stand alone or in terms of court, depending on whether or not there has been a judgment defining the rights of those.
The claim must be filed by the opponent until the execution has been definitively completed; but within nine days of having become aware of it.
The lawsuit leaves the execution procedures in abeyance; but, if it is not filed in the indicated term, it will be carried forward to its end, leaving the rights of the opponent safe.
Running Party Responsibilities
ARTICLE 431.- The parties, in execution, are responsible in the terms set forth in Chapter II of the First Book Title First.
ARTICLE 432.- Decrees the embargo, if the debtor is not found in his home, to make the payment order, he will be left to wait at the fixed time of the Next business day, and, if you do not expect, diligence will be performed with the person in the house, or with the nearest neighbor.
When the house is closed, or the access to it will be prevented, the judicial enforcer will require the assistance of the police, to enforce the judicial determination, and will, in your case, the locks are broken, in order to be able to practice the embargo of goods found inside the house.
ARTICLE 433.- The payment is not verified, whether the due diligence has been or is not understood with the executed, the seizure of goods will be carried out, at the same address of the defendant or in the the place where those who are to be taken are found.
ARTICLE 434.- They are not susceptible to:
I.- The assets that constitute the family patrimony, from their registration in the Public Registry of the Property;
II.- The daily bed, the clothes and the furniture of ordinary use of the debtor, of his or her spouse or of his children, not being of luxury;
III.- The instruments, apparatus and tools necessary for the art or craft to which the debtor is dedicated;
IV.- The machinery, instruments and animals for agricultural cultivation, as soon as they are necessary for the purpose of the farm to which they are intended, for which the court will hear the report of an expert appointed by him, unless he is Ship together with the farm;
V.- The books, apparatus, instruments and tools of the persons employed or engaged in the study of liberal professions;
VI.- The weapons and horses that the active duty military uses, indispensable to it, according to the relative laws;
VII.- The effects, machinery and instruments of their own for the promotion and rotation of the trade and industrial negotiations, as soon as they are necessary for their service and movement, to the effect of which the court will hear the opinion of an appointed expert by the; but may be brought together with the negotiation to which they are intended;
VIII.- The Mieses, before they are harvested; but if the rights to the sowing;
IX.- The right of usufruct, but if the fruits of it;
X.- The rights of use and room;
XI.- The salaries and emoluments of public servants and employees;
XII.- The easements, unless he embarks on the foundation to whose favor they are constituted; except that of waters, which is independently embargable;
XIII.- The lifetime income, in the terms established in the Civil Code;
XIV.- The ejidos of the peoples and the individual parcel which, in their fractionation, has been reciprocated by each ejidatary, and
XV.- Other goods excepted by law.
In the cases of fractions IV and VII, the appointment of the expert shall be made, when the court considers it appropriate, in the practice of the review of Article 68.
ARTICLE 435.- In cases where the kidnapping falls on wages, salaries, commissions or pensions that are not protected by special provision of the law, only the The fifth part of the excess over a thousand five hundred pesos a year, up to three thousand, and the fourth of the excess over three thousand in advance.
ARTICLE 436.- The order to be saved for the abductions is as follows:
I.- Goods entered as collateral for the obligation to be claimed;
III.- Credits achievable in the act;
V.- Fruits and incomes of all species;
VI.- Goods not included in the previous fractions;
VII.- Real estate;
VIII.- Salaries or pensions;
IX.- Rights, and
X.- Credits not realizable in the act.
ARTICLE 437.- The right to designate the goods to be seized in the order set out in the previous article, corresponds to the debtor; and only that the debtor refuses to do so or which is absent, may be exercised by the actor.
ARTICLE 438.- Any difficulty raised in the diligence will not prevent the embargo; the judicial executor will make it prudently, subject to the determination of the court.
ARTICLE 439.- The performer may point out the goods to be the subject of the abduction, without being subject to the order established by Article 436;
I.- If, in order to do so, it is authorized by the obligor, by virtue of an express agreement;
II.- If the goods I point out are not enough, or if it is not subject to the order set out in Article 436, and
III.- If the goods are in various places. In this case you can point out those who are at the place of the trial.
ARTICLE 440.- The embargo only proceeds and remains as soon as it is sufficient to cover the main fate, costs, expenses and damages, if any, including the new maturities and revenue until the completion of the procedure.
ARTICLE 441.- When, in order to cover the claim, the creditor may ask for the attachment of the goods, the creditor may ask for the attachment of the goods. goods.
ARTICLE 442.- The embargo extension can be decreed:
I.- In any event in which, in the judgment of the court, the assets seized to cover the debt and the costs are not sufficient, and where, as a result of the retases they suffer, their value shall cease to cover the amount of the claim, or where, furniture, will pass through six months without the sale being achieved;
II.- When sufficient goods are not shipped because they do not have the debtor, and then appear or acquire them, and
III.- In cases of exclusionary tercerias.
ARTICLE 443.- The extension of the embargo does not suspend the course of execution.
ARTICLE 444.- Any kidnapping shall be held as a depositary or a financial controller, depending on the nature of the goods which are the subject of it, to the person or institution of credit, which under his liability, name of the performer, except as provided for in Articles 445, 448 and first and last paragraph of 449.
The depositary or financial controller will receive the goods under formal inventory, upon acceptance and protest of the position.
ARTICLE 445.- When it is justified that the goods in question are subject to deposit or intervention on the occasion of prior judicial abduction, in case of a the new depository or interventor will be appointed, but the one named before will be for all the subsequent reembargos, while the first kidnapping will remain, and will be brought to the attention of the courts that ordered the previous ones insurance. When the depositary is removed, the new appointment shall be communicated to the courts which have carried out the subsequent embargoes.
ARTICLE 446.- When, for whatever reason, the primitive embargo remains, the court that has issued it will inform you so that it will follow you in order, so that, before it, the appointment of a new depositary is made; but the court which issued the first embargo shall not, for this reason, cancel the guarantees granted, until it approves the management of the depositary which it has appointed, and declares it free of all responsibility, and until that the one who follows him in order to inform him that before him they have granted the ones that the law requires. In addition, any question concerning the delivery of the goods to the new depositary should be terminated.
The court, whose embargo is in the first place, will communicate it, thus to the subsequent ones, with the expression of all the requirements that, before it, the new depository is full.
ARTICLE 447.- However, real estate or real estate rights in real estate will be taken as a reason in the Public Registry of the Party's Property, being waged, to the effect, certified copy of the embargo diligence.
Once the embargo has been blocked, it cannot be executed to alter, in any way, the well-embargoed, nor to contract the use of it, if not with judicial authorization, which will be awarded to the performer; and, registered as the However, any transfer of rights in respect of the goods in question does not alter, in any way, the legal status of the goods, in relation to the right of the embargoing, to obtain the payment of their credit with the product of the (a) the right to be taken against the third party with the same extent and in the same the terms that would be taken against the embargoed, if the transmission had not been operated.
ARTICLE 448.- When the kidnapping falls on the cash or the cash, the deposit will be made in a credit institution, and, where there is no institution, in commercial house of credit recognised. In this case, the deposit ticket will be stored in the court box, and no deposit will be collected but under written order of the court of the cars.
ARTICLE 449.- When credits are secured, the kidnapping will be reduced to notify, to the debtor or to whom it is to be paid, that it does not make the payment to the creditor, but, at the expiration of those, on display of the quantity or quantities concerned at the disposal of the court, as payment, with a view to repeating it in the event of disobedience, if the credit or claims are covered, as provided for in the preceding Article; and to the creditor against whom the abduction has been decreed, which does not have these credits, under the penalties laid down in the Penal Code. This will be done in the case of Article 435. In the case of a title to the order or the bearer, the embargo may be applied only by means of the apprehension thereof.
If the title of the credit is secured, a depositary shall be appointed to keep it in custody, who shall have the obligation to do everything necessary to ensure that the impairment of the right of the title to represent, and to attempt the actions and resources that the law grants to make the credit effective.
If the credit is paid, the amount and the terms of the preceding article shall be deposited, and the appointed depositary shall cease in its duties.
ARTICLE 450.- If the credits referred to in the previous article are litigious, the kidnapping providence shall be notified to the court of the respective cars, giving meet the appointed depositary so that he can fulfil the obligations imposed on him by the previous Article.
ARTICLE 451.- When the kidnapping falls on movable property other than money, cards or credits, the depositary that is named will only have the character of a single custodian of the objects placed in their care, which shall be kept at the disposal of the respective court.
ARTICLE 452.- The depositary, upon receipt of the sequestered, shall, in the knowledge of the court, place the place where the deposit is made up, and seek authorization to do so, If necessary, the expenses of the storage.
If you cannot, the Depositary, make the expenses that demand the deposit, put this circumstance in the knowledge of the court, so that it may be, hearing the parties on board that will be carried out within three days, decree the way to make the expenses, according to the board will be agreed, or, in case of no agreement, imposing that obligation to the one who obtained the providence of the kidnapping.
ARTICLE 453.- If the furniture deposited is consumable, the depositary will also have an obligation to impose on the prices that the objects entrusted to its place have keeps, in order that, if it finds a favourable occasion for the sale, it shall bring it to the attention of the court, in order to determine what it considers most prudent, in a meeting in which it shall hear the depositary and the parties, if they attend, and which shall, no later than three days, carry out.
ARTICLE 454.- When there is an imminent danger that fungible things will be lost or misused, the board referred to in the previous article is cited and made. the depositary is obliged to make them at the best price of the square, giving, to the court, it has payment.
ARTICLE 455.- If the furniture deposited is easy to deteriorate or demeritate, the depositary must frequently examine its status, and put, in the knowledge of the court, the deterioration or demerit which it finds in them, or the subject matter which it has founded, so that the expressed authority, hearing the parties and the depositary, as provided for in Article 458, gives the appropriate remedy to avoid the evil or agree its sale in the best conditions, in view of the prices in the market and the demerit that they have suffered or are exposed to suffering the sequestered objects.
ARTICLE 456.- If the kidnapping is based on an urban property and its income, or on these only, the depositary shall have the character of the administrator, with the powers and obligations following:
I.- You may hire a lease on the basis that the income is not less than that which, at the time of the abduction, yields the farm or department of which you are leased. To contract under different conditions, you must obtain judicial authorization, which shall be granted or denied upon hearing of the parties;
II.- It shall collect, from whom it retains, the lease agreements in force, as well as the last payments of contributions, in order to be able to fulfil its task, and, if the holder refuses to surrender them, shall bring it to the attention of the court, to press it for legal means;
III.- It will collect pensions which, by lease, renders the estate, in its terms and deadlines, proceeding against delinquent tenants under the law;
IV.- You will do, without prior authorization, the expenses of the estate, such as payments of contributions and services and grooming, not being excessive its amount; and, if there is late payment of your part in making the payments, you will be responsible for the damages that with this originate;
V.- Present, to the tax offices, in a timely manner, the manifestations that prevent the laws; and, if not so, the damages that its omission cause will be of its responsibility:
VI.- To make the costs of conservation, repair or construction, it will happen to the court requesting license for it, accompanying, to the effect, the respective budgets, and
VII.- It will pay, subject to judicial authorization, the revenue from the levies weighing on the farm.
ARTICLE 457.- For the effect referred to in section I of the previous article, if you ignore the depositary which was the amount of the income at the time of the kidnapping, seek judicial authorisation.
ARTICLE 458.- Order the authorization referred to in Article 456 (VI), the court of law, the depositary and the parties, to a hearing, to be held within the three days, so that they, with the view of the documents accompanying them, resolve, by common agreement, whether or not the expenditure is authorized. If the agreement is not reached, and the depositary or any of the parties insists on the need for repair, preservation or construction, the court shall decide, whether or not to authorize the expenditure, as it deems appropriate.
ARTICLE 459.- When goods are shipped that are leased or rented, the tenants are notified, which, hereinafter, must pay the rent or rent to the Depositary appointed, double-paid warning, if they do not do so. When the notification is made, it shall be left, in the possession of the tenant, in which the respective order is inserted. If, in the act of diligence or within the day following the notification by an instructor, the tenant or lessee has made any advance of rent or rent, he shall justify it in making his or her demonstration, with the receipts from the lessor or alker. Otherwise, it will not be taken into account, and will be bound by the above terms.
ARTICLE 460.- If the kidnapping is verified on a rustic farm or in a commercial or industrial negotiation, the depositary will be a mere controller with the office, monitoring the accounting, and shall have the following attributions:
I.- Inspect the handling of the rustic negotiation or farm, where appropriate, and the operations that, in it, are verified, in order to produce the best possible performance;
II.- Monitor, on the rustic estates, the harvesting of the fruits and their sale, and collect the product from it;
III.- Will monitor the purchases and sales of the business negotiations, collecting, under their responsibility, the number;
IV.- Monitor the purchase of raw materials, their processing and the sale of the products, in the industrial negotiations, collecting the number and effects of trade, to make them effective at their maturity;
V.- You will provide the funds for the expenses of the rustic negotiation or estate, if any, and will make it appropriate for the investment to be made conveniently;
VI.- Depositary the money that will be left over after the necessary and ordinary expenses are covered, as provided for in Article 448;
VII.- It shall provisionally take, the measures that the prudence advises, in order to avoid abuse and mismanagement of the administrators, giving immediately to the court, for its ratification, and, if necessary, to determine how convenient to remedy the bad, and
VIII.- You may appoint, at your expense and under your responsibility, the auxiliary staff that you provide indispensable for the good performance of your office.
ARTICLE 461.- If, in the performance of the duties that the previous article imposes on the financial controller, I will find that the administration is not done conveniently, or that it can The court will be aware of the rights of the person who asked for and obtained the kidnapping, so that, hearing the parties and the same financial controller, in a hearing that will be held for three days, determine what he considers relevant.
ARTICLE 462.- The depositary or the financial controller and the performer, when he has appointed him, shall be jointly and severally liable for the acts which he shall execute in the exercise of his position. Where the depositary is the same debtor, the liability shall be his sole responsibility, except as regards third parties.
ARTICLE 463.- The depositary that is not the executed same, must have real estate enough, in the judgment of the court, to respond to the kidnapping, or, failing that, it must grant a bond in cars, for the amount to be fixed. The verification of owning real estate, the depositary, or the granting of the bail, shall be done before putting it in possession of its order.
ARTICLE 464.- The depositaries who have administration of goods, shall submit each month, to the court, an account of the shearing and other fruits obtained, and of the expenses (i) the use of the information provided by the Member State concerned.
ARTICLE 465.- The account shall be submitted by the court, the court shall make the copies available to the parties, and shall quote, to the parties and to the depositary, a verbal hearing, to be held within three days. If the parties do not object, the court shall approve the account; otherwise, the respective incident shall be dealt with. The court will determine the funds to be left for the necessary expenses, sending the excess liquid.
Everything relative to the monthly account will form a separate notebook.
ARTICLE 466.- The depositary that does not give up the monthly account will be separately from the administration. When the court is resolved on the contested accounts, it will rule on the removal or not of the depositary, if requested. If the removal is the debtor, the performer shall appoint a new depositary; if the creditor or the person appointed by him is appointed, the new designation shall be made by the court, with the provisions of Article 463 being observed.
ARTICLE 467.- Whenever there is a change of the depositary, it shall be prevented, to whom the goods are to be delivered, that he shall deliver them within three days, to which he is appointed again, with the warning that, if not, the public force will be immediately used. If the stated deadline is not sufficient to conclude the delivery, the court will extend it discretionally.
ARTICLE 468.- The depositaries of money, jewelry, furniture, semovents, credit or urban estates without the administration's charge, will receive, as fees, the one for percent of the first ten thousand pesos of their value, and half percent of the rest. The depositaries who carry out the sales or démarches referred to in Articles 449, 450, 453 to 455 and 458 shall also have the fee which the parties agree to them and, if this agreement does not exist, which, with their hearing, indicate the court, according to the circumstances, without lowering the one or exceeding five per cent of the value of the claims to be recovered, of the goods sold, of those whose deterioration or demerit is prevented or of the repair or construction which shall be carried out. Those who have administration of urban estates and the interventors of rustic estates or commercial or industrial negotiations shall receive the fee which, by common accord, they indicate to them, and, if there is no such agreement, that which, with the court, without lowering the five or exceeding ten percent on the amount of the products to be collected, whatever the steps, operations and acts of administration, in accordance with the circumstances. general, which they carry out.
In the fees that this article points to the depositary or financial controller, any payment of services of lawyers, employers or prosecutors is understood.
If the embargoed thing does not yield fruits or products, or the ones that surrender have been totally exhausted or the remainder is not enough to cover the fees of the depositary, they must be covered by the owner of the thing embargoed, without prejudice to What is available in Chapter II of the First Title of the First Book, in relation to the conviction in costs. These expenses may be anticipated by the creditor, if deemed appropriate.
ARTICLE 469.- Any remate of real estate, semovents and credits shall be public and shall be made at the premises of the court competent for the execution, within twenty years days after the announcement; but in no case will be less than five days between the publication of the last edict and the coin. Where the goods are located outside the jurisdiction of the court, those terms shall be extended by reason of the distance, taking into account the greater, when they are several.
ARTICLE 470.- If the goods are not previously valued, or if the persons concerned have not agreed to the price for the case of the auction, the expert shall proceed, the provisions relating to the expert test.
ARTICLE 471.- When the executed person has not made the appointment of a valuer in the legal term, the actor may request that the court name him in absentia, or that he/she is If you do not have the respective constancy, the court, without any new promotion, will make the appointment of the Office of Contributions or the Catastro, in respect of the value of the estate, and this will serve as a basis for the auction. expert.
ARTICLE 472.- Cannot proceed to the remate of real estate, without prior request, to the corresponding Public Registry, a total certificate of the charges that (a) they shall, until the date on which the sale was ordered, not be referred to the creditors who appear on the said certificate. If in cars another certificate is already in use, only the period or periods which the certificate does not cover shall be requested from the Register.
ARTICLE 473.- The creditors referred to in the preceding article and those who are presented with subsequent certificates of the Registry shall have the right to intervene in the act of the The Court of Justice has been able to make the observations which it considers appropriate to guarantee its rights, and to appeal against the order in which the auction is to be completed, but without its intervention being able to give rise to the suspension of the currency.
ARTICLE 474.- Valued the goods, will be announced twice, five days in five days, published edicts in the "Official Journal" of the Federation and in the table of notices or the court's door, in the aforementioned terms. If the goods are located in different jurisdictions, in all of them the edicts will be published, at the gate of the appropriate District Court.
ARTICLE 475.- If, in the first coin, there is no legal position, it will be quoted to another, within the next fifteen days, sending the corresponding edicts publish, for once, in the form indicated above, and in such a way that, between the publication or the fixing of the edict and the date of the auction, a term of no less than five days is measured. In the currency, the price will be the price of the primitive, with a deduction of ten percent.
ARTICLE 476.- If, in the second currency, there is no legal position, the third one will be cited in the form provided for in the previous article, and likewise will be carried out for the When I work the same cause, until I legally carry out the auction. In each of the currencies, 10% of the price which, in the previous one, has been used as a basis shall be deducted.
ARTICLE 477.- In any currency where there is no legal position, the performer has the right to ask for the award, for two-thirds of the price base served for the auction. The relative resolution is appealable in both effects.
ARTICLE 478.- The creditor to whom the item is awarded will recognize, to the previous mortgage creditors, their credits, as far as the award price is sufficient, to pay them at the expiration of their scriptures.
ARTICLE 479.- Legal Posture is the one that covers two-thirds of the price fixed to the item, provided that the cash portion is sufficient to pay the amount of the sentenced.
ARTICLE 480.- When, for the amount of the value fixed to the goods, the cash portion to cover the sentenced is not sufficient, the two-thirds of the that, given of spot.
ARTICLE 481.- The positions will be written, expressing, the same bidder or their representative with legal power:
I.- The name, legal capacity and address of the bidder;
II.- The amount that is offered by the goods;
III.- The amount that is counted, and the terms in which the rest is to be paid;
IV.- The interest that must be caused by the sum that is recognized, which cannot be less than nine percent a year; and
V.- The submission expresses the court that knows the business, to enforce the contract.
When a position is not made with full compliance with the above requirements, the bidder will be required to satisfy the omitted, indicating which ones they are. If, within the day after the notification takes effect, and always before the time indicated for the auction, the omissions will not be remedied, the position will not be taken.
ARTICLE 482.- When postures are made, offering only part of the price, the bidders will exhibit, in the act of the auction, ten percent of that, in number or by certified cheque, in favour of the court, and the amount remaining due shall be guaranteed by the first mortgage or garment, expressing, when formulating its position, the goods which will be subject to the respective charge.
Due to the diligence, the exhibitions will be returned to their owners, except the one that corresponds to the bidder in whom the auction is finished, which, as a guarantee of the fulfillment of their an obligation shall be sent as provided for in Article 448, with respect to the deposit ticket, which is prevented.
ARTICLE 483.- When the amount of the positions and improvements are offered for cash, it must be displayed in a number or a certified check in favor of the court, in the act of the auction; and, The final part of the previous article will be given in terms of the final part of the previous article.
ARTICLE 484.- In the case of Article 482, if the bidder does not fulfill its obligations, because it will refuse to grant the guarantee offered, since, extended the writing In this case, it will refuse to sign it in the legal term, the court, making sure of these circumstances will declare without effect the auction, to quote, again, to the same coin, and the bidder will lose the ten percent exhibited, the one that shall be applied, by way of compensation, to the executed, remaining in deposit for the effects of the payment to the performer, until the completion of the implementing procedures.
ARTICLE 485.- When the performer wants to take a stand, the guarantee or the spot display, if any, will be limited to the excess of the position, on the amount of the sentenced.
ARTICLE 486.- The bidder cannot kill for a third party, but with enough power, it is forbidden to take a stand without declaring, of course, the name of the person for whom it is made.
ARTICLE 487.- Since the auction is announced, and during the auction, the planes that you have will be revealed, and the avalums will be in sight.
ARTICLE 488.- The bidders will have the greatest freedom to make their proposals, with the data they ask for and found in the cars.
ARTICLE 489.- The court will decide, under its responsibility, any question raised, relating to the auction.
ARTICLE 490.- On the day of the auction, at the appointed time, the Secretary will pass, personally, a list of the bidders presented, and declare, the court, that it will proceed to the auction, and no new bidders will be admitted. The proposals will then be revised, which will of course be rejected by those which do not contain legal positions and those which are not properly guaranteed.
ARTICLE 491.- Qualified good positions will be read by the secretariat so that the bidders present can improve them. If there are a number of legal positions, the highest amount will be declared preferential, and if two or more will be imported in the same amount, the best guarantee will be preferred. If several are found in exactly the same conditions, the preference will be set by draw, in the presence of the assistants to the diligence.
ARTICLE 492.- Stated preferred a posture, the court will ask if any of the bidders improve it. In case any one gets better before the question, it will be questioned if any bidder bids for the improvement; and so on will proceed with respect to the bids that are made. At any time when, after five minutes of any of the above mentioned questions, the last position or bid is not improved, the auction shall be declared on behalf of the bidder who has made the latter. The relative resolution is appealable in both effects.
ARTICLE 493.- Before the end of the auction, the debtor can free his assets, if he pays, in the act, sentenced him, and guarantees the payment of the costs to be settled. If the performer does not present its settlement within seven days, the guarantee shall be returned to the executed person, who shall be free from any obligation.
ARTICLE 494.- When the auction is declared complete, the court shall send the court that, within three days after payment of the amount offered, is granted in favour of the rematant, the corresponding sales deed, in accordance with the law, in the terms of its position, and that the goods are handed over to him.
ARTICLE 495.- If the debtor, or who is required to do so, refuses to grant the deed, or if it does not do so within the three-day term of the grant, the The court, in its rebellion, without further processing, but, in any case, is responsible for the execution of the execution.
ARTICLE 496.- Granted the deed, shall place the court, the buyer, in possession of the assets, if requested, with summons of the adjoining, tenant, sharecroppers, Settlers and other interested parties to have news.
ARTICLE 497.- With the price, the creditor will be paid, to the extent that it reaches, and, if there are any expenses and costs to be settled, the amount that is considered enough to cover them shall be kept in deposit until they are If the applicant does not make its liquidation within seven days of the deposit, or, in any event, it will cease to pass the same term without continuing its settlement, it will lose the right of to claim them, and to submit the deposit to the debtor, except as provided for in the final of the following Article.
ARTICLE 498.- If the part that was given out of cash exceeded the amount of the sentenced, formed and approved the settlement, the remaining part will be delivered to the executed, if not hallare held at the request of another creditor, with the provisions of the Civil Code on credit graduation being observed, where appropriate.
ARTICLE 499.- In the settlement, all costs and costs after the auction must be checked.
ARTICLE 500.- When the goods are subject to various embargoes, any embargoing may take them to auction; but they will only be paid the amount of their credit after the preferential creditors have been paid, where they already have a firm judgment defining their claims, or the amount necessary to cover the principal, interest and costs of such preferential claims is reserved, in the event that there is no judgment. The excess liquid shall be delivered to the executed, or made available to the appropriate court, if any subsequent embargoes.
ARTICLE 501.- When, when the payment of the debt is required, the executing and the executed are agreed upon, in which the one is awarded the thing in the price that is then fixed, without having The latter shall be deemed to be a legal position for third parties, which exceeds the price indicated for the award, and shall cover, with the part of the spot, the amount of the sentence. If there is no legal position, it shall, of course, take effect, the award, on the agreed price. Where the auction has been expressly waived, the award shall be made after the respective judgment has been executed, and the term fixed for compliance has elapsed.
You do not have application as set out in the preceding paragraph, when the goods to be remade are subject to two or more embargoes.
ARTICLE 502.- In cases of mortgage or garment, in which the debtor has agreed, in the contract, the price that will serve as the basis for the remate of the mortgaged or committed goods, no judicial review will be made, but the agreed price will be the basis for the first coin.
This provision is limited by the same exception as the one entered in the final paragraph of the preceding article.
ARTICLE 503.- When the goods whose remate has been decreed, are movable, the following shall be observed:
I.- It shall be sold, in cash, by means of a broker or a trading house which dispenses similar goods or goods, making them know the price, for the purpose of seeking buyers, which shall be equal to two thirds of the value fixed by experts or by agreement of the parties;
II.- If, after ten days of the sale, the court has not succeeded, the court will order a reduction of ten percent of the value fixed first, and will communicate, to the broker or house of commerce, the new price of the sale, and thus continue every ten days, until you get the realization.
III.- Effected the sale, the broker or house of commerce will deliver the goods to the buyer, taking the corresponding invoice, which will sign the executed or the court, in its rebellion.
IV.- At any time, after order of sale, the performer may ask for the award of the goods, for the price they have indicated when making the request, choosing those who are sufficient to cover their credit, as sentenced;
V.- The brokerage or commission expenses shall be the account of the debtor, and shall preferably be deducted from the sale price obtained, and
VI.- In everything else, the provisions of this chapter will be included.
ARTICLE 504.- Federal Public Finance does not enter into universal judgments. Insured under the administration of the interests that you pursue, you will answer to the federal courts for any claims made against the legitimacy of your procedure or the preference for the payment of your claims.
ARTICLE 505.- Provided that the Federal Public Finance proceeds in accordance with the previous article, the administrative assurance shall be carried out on the assets of the The dispute will be aired between the Public Ministry and the receiver of the contest, in accordance with the rules of the Second Book.
ARTICLE 506.- The trial initiated against the Federal Public Finance does not suspend the processing of the contest; but the goods will not be available until the Judgment of the Federal Courts cause enforceability.
ARTICLE 507.- The judgment of the federal courts will rule on the existence of the tax right, if it has been claimed, or on the preference that such a right has to have regard to those who have been considered privileged.
ARTICLE 508.- If the goods sequestered administratively are affected by the responsibility for payment of preferential payment to the right of the Federal Public Finance, this will be declared by the judgment; but, in such a case, with the excess of the price of those goods and with the others constituting the fund of the competition, the tax credit shall be paid.
ARTICLE 509. If the assets are not exceeded by the amount of the preferential loans to the Federal Public Finance Ministry, the Public Ministry In this regard, it shall bring about the judicial declaration, in that sense, and forward it to the Secretariat of Finance and Public Credit, in order to justify the seats to be made in the books of the tax accounting.
The Succession Trial
ARTICLE 510.- In succession trials, if the Federation is heir or legal in concurrence with the individuals, the judge of the cars will transmit, to the District, copy of the the respective clause and other relevant constances, to the effect that it makes the corresponding declarations.
ARTICLE 511.- In the case referred to in the previous article, the judgment, when there is controversy, will be substantial between the Federal Public Ministry and the executor, according to the Second Book rules. The inheritance or the legacy is accepted, and, if necessary, the controversy, in favor of the Federation, will be known by the appropriate District Judge.
ARTICLE 512.- If the Federation is instituted universal heiress, the succession judgment shall be filed with the appropriate District Judge. The office of the executor will be the agent of the Federal Public Ministry, who will entrust the administration of the succession assets to the heads of the federal offices of Finance of the constituencies in which the goods are located. roots.
Apo or unlinde
ARTICLE 513.- The apec or de-linde takes place provided that the limits that separate a given from another or others have not been set, or that, having been fixed, there is a foundation for believe that they are not accurate, because they have naturally been confused, pray that the signs that mark them have been destroyed, or because they have been placed in place other than the primitive.
ARTICLE 514.- The apec or dislinde of a national property can only be practiced on a motion of the Federal Public Ministry, at the request of the administrative authority corresponding.
ARTICLE 515.- Individuals may also ask for the apet, to disallow their property from another national. In this case, diligence will be limited to marking the boundaries between both prediums.
ARTICLE 516.- They have the right to promote the apet, in the case of the previous article: the owner, the holder with title enough to transfer the domain and the user.
ARTICLE 517.- The apee request must contain:
I.- The name and location of the farm to be unlined;
II.- The part or parts in which the act is to be executed;
III.- The names of the colinders who may have an interest in the apet, if they are known, and, if they are not, the indispensable data to identify their premises;
IV.- The site where they are and where the signals should be placed, and if they do not exist, the place where they were or should be lifted, and
V.- The plans and other documents that come to serve for the diligence, and designation of an expert by the promote.
ARTICLE 518.- Hecha the promotion, the judge will send her to know the adjoining, so that, within three days, they present the titles or documents of their possession, name expert, if they want to do so, and point out day, time, and place to start the deslinde diligence.
When the adjoining people are not known, they will be cited for a single edict that will be published in the "Official Journal" and in a newspaper of the largest daily circulation in the Republic. The citation shall call those who consider themselves owners, holders with a sufficient degree to transfer the domain, or users of the premises, and shall contain the identification data referred to in the third part of Article 517, and the the date, time and place where the diligence is to be performed.
If it is necessary to identify some or some of the points of unlinde, the interested parties may present two identification witnesses, each one, at the time of the diligence.
ARTICLE 519.- The day and time indicated, the judge, accompanied by the secretary, experts, identification witnesses and interested persons attending the designated place to give the diligence, proceed according to the following rules:
I.- Practise the apet, where the minutes of all the observations made by the interested parties are recorded;
II.- Diligence shall not be suspended by virtue of the observations, but in the event that any person present, in the act, a duly registered document, who proves that the ground involved is his property;
III.- When you go demarcating the boundaries of the unlinden, you will give possession, to the promoting, of the predium that falls within them, if none of the colindants will oppose, or command that you will be kept in which you are enjoying;
IV.- If there is any opposition from one of the members to a particular point, considering that, according to their titles, it falls within the limits of their property, the court shall hear the witnesses of identification and the experts, and invite the interested parties to agree. If this is achieved, it shall be recorded, and the possession shall be granted, according to its meaning. If the agreement is not reached, the judge shall refrain from making any statement as to the possession, respecting, in it, to whom he will enjoy it, and shall send his rights to the persons concerned, in order to make them be valid in the corresponding judgment; and
V.- Mandara to set the convenient signals at the disordered points, which will remain as legal limits. The points in respect of which there is opposition shall not be laid down, nor shall any sign be fixed in them, until there is an enforceable judgment to resolve the matter, given in the corresponding judgment.
ARTICLE 520.- The general expenses of the apet will be made by the one who promotes it. Those who import the intervention of the experts they appoint and the witnesses who present the adjacent ones, shall be paid by the name of the ones or present to the others.
Avaluo Procedure in Expropriation Cases
ARTICLE 521.- (Repeals)
ARTICLE 522.- (Repeals)
ARTICLE 523.- (Repeals)
ARTICLE 524.- (Repeals)
ARTICLE 525.- (Repeals)
ARTICLE 526.- (Repeals)
ARTICLE 527.- (Repeals)
ARTICLE 528.- (Repeals)
ARTICLE 529.- (Repeals)
ARTICLE 530.- The voluntary jurisdiction includes all acts in which, by law or by the request of the persons concerned, the intervention of the judge is required, without that it is promoted and that some of the parties concerned are not promoted.
ARTICLE 531.- When the hearing of any person is necessary, it shall be cited in accordance with the law, warning him, in the summons, that the actions in the In order to be imposed on them, the secretariat will be given a day and time for the hearing, to which the party will attend, without any obstacle to the celebration of it, the lack of assistance from it.
ARTICLE 532.- The Federal Public Ministry will be heard precisely:
I.- When the promoted application affects the interests of the Federation;
II.- When referring to the person or property of minors or disabled persons;
III.- When related to the rights or assets of an absentee; and
IV.- When the laws dispute it.
ARTICLE 533.- Yes, to the promoted application, you will oppose legitimate part, the business will be followed according to the procedures established for the trial.
If the opposition is made by those who have no personality and no interest in it, the judge will throw it out. It shall also discard the oppositions presented after the act of voluntary jurisdiction, reserving its right to the opponent.
ARTICLE 534.- The Judge may vary or modify the providences that he will dictate, without strict subjection to the terms and forms established in respect of the contentious jurisdiction.
It is not understood, in that provision, that the cars that have the force of definitive ones, unless it is shown that they changed the circumstances that determined the resolution.
ARTICLE 535.- Resolutions issued in voluntary jurisdiction do not allow any recourse.
ARTICLE 536.- Never will any voluntary jurisdiction be performed that may harm the Federation. Those that are practiced in contravention of this precept will be null and void, and will not produce any legal effect.
ARTICLE 537.- The accumulation of a file of voluntary jurisdiction and another of contentious jurisdiction does not proceed.
ad perpetam reports "
ARTICLE 538.- The "ad perpetuam" information may be decreed when it has no interest other than the promote, and it is:
I.- To justify possession, as a means of crediting the full domain of a property; and
II.- To check the possession of a real right over real estate.
The information will be received with summons from the Federal Public Ministry and the owner and partners, if any, from the actual right.
The Federal Public Ministry and the people with whom the information is received can be labeled as witnesses, due to circumstances that affect their credibility.
ARTICLE 539.- The Judge is obliged to extend the examination of the witnesses with the questions that he considers pertinent, to ensure the veracity of his said.
ARTICLE 540.- If the witnesses are not known to the judge or to the secretary, the party must present two of the knowledge, for each of the cases presented.
ARTICLE 541.- The information will be protocolized in the Notary that is designated by the promote.
ARTICLE 542.- no case will any information from witnesses be admitted, in voluntary jurisdiction, on facts that are the subject of a starting trial.
International Processing Cooperation
ARTICLE 543.- In the cases of the Federal Order, international judicial cooperation shall be governed by the provisions of this Book and other applicable laws, except as provided by the treaties and conventions of which Mexico is a party.
ARTICLE 544.- In matters of international litigation, the dependencies of the Federation and the Federative Entities shall be subject to the special rules provided for in this Book.
ARTICLE 545.- The prosecution by Mexican courts of notifications, receipt of evidence or other acts of mere procedure, requested to have effects on the The foreign court shall not, in short, give rise to the recognition of the jurisdiction taken by the foreign court or the undertaking to execute the judgment in the relevant proceedings.
ARTICLE 546.- To make faith in the Republic the foreign public documents, must be presented legalized by the competent Mexican consular authorities according to the applicable laws. Those that are transmitted internationally through official channels to provide legal effects will not require legalization.
ARTICLE 547.- The steps of notification and receipt of evidence on national territory, in order to have effects abroad, may be carried out at the request of part.
ARTICLE 548.- The practice of legal proceedings in foreign countries to have effects on trials that are dealt with in national courts, may be entrusted to the members of the Service Mexican exterior by the courts that know about the case, in which case such proceedings shall be conducted in accordance with the provisions of this Code within the limits permitted by international law.
Where appropriate, such members may apply to the competent foreign authorities for their cooperation in the practice of the tasks entrusted to them.
From International Rogatory Letters or Letters
ARTICLE 549.- The exhorts that are sent abroad or received from it shall be in accordance with the provisions of the following Articles, except as provided by the Treaties and conventions of which Mexico is a party.
ARTICLE 550.- The exhorts to be sent abroad will be written official communications that will contain the request to carry out the necessary actions in the process in which they are issued. Such communications shall contain the necessary information and certified copies, identification cards, transfer copies and other annexes as appropriate.
No additional requirements will be required in respect of the exhorts coming from abroad.
ARTICLE 551.- The letters rogatory may be transmitted to the requested body by the interested parties, through the court, through the officials consular or diplomatic agents or the competent authority of the requesting State or required as the case may be.
ARTICLE 552.- Urals from abroad that are transmitted through official channels will not require legalization and those who will be sent abroad will only need to the legalisation required by the laws of the country where they are to be enforced.
ARTICLE 553.- Any international appeal received from abroad in a language other than Spanish shall be accompanied by its translation. Unless there is a clear deficiency or objection of part, it shall be the text of the same.
ARTICLE 554.- International exhorts that are received will only require approval when it involves co-active execution on persons, goods or rights, in which case it will apply the provisions of Chapter 6 of this Book. Appeals relating to notifications, receipt of evidence and other matters of mere processing shall be completed without incident.
ARTICLE 555.- The international exhorts to be received will be diligent in accordance with national laws.
Without prejudice to the foregoing, the court of appeal may exceptionally grant the simplification of formalities or the observance of formalities other than national, request of the requesting judge or the interested party, if this is not harmful to the public order and in particular to the individual guarantees; the request must contain the description of the formalities whose application is requested for the Exhorted the exhort.
ARTICLE 556.- The courts that refer abroad or receive from it, international exhorts, will process them in duplicate and keep a copy for constancy of the sent, received and acted.
Competition in the matter of procedural acts
ARTICLE 557.- The notifications, citations and sites to the offices of the Federation and the Federative Entities, from abroad will be made through the of the federal authorities which are competent for the domicile of those authorities.
ARTICLE 558.- The proceedings referred to in the preceding article and Article 545 shall be carried out by the court of the domicile of the person to be notified, of whom receive the test or where the item is located as the case may be.
From Receiving Tests
ARTICLE 559.- The dependencies of the Federation and the Federative Entities and their public servants will be prevented from carrying out the display of documents or copies of documents existing in official files under his control in Mexico; except for cases in which dealing with particular matters, documents or personal files is permitted by law and when through the deahogo of an exhort or letter rogatory thus ordered it by the Mexican court.
ARTICLE 560.- In the matter of the receipt of evidence in disputes that are aired abroad, the embassies, consulates and members of the Mexican Foreign Service will be at the same time. provided in the treaties and conventions of which Mexico is a party and the provisions of the Organic Law of the Mexican Foreign Service, its Rules of Procedure and other applicable provisions.
ARTICLE 561.- The obligation to display documents and things in processes that are followed abroad will not include the display of documents or copies of documents identified by generic features.
In no case may a national court order or carry out the general inspection of files that are not accessible to the public, except in cases permitted by law national.
ARTICLE 562.- When the proof of proof of evidence or of a declaration of part to have effects in a foreign process is requested, the declarants may be questioned. verbally and directly in the terms of Article 173 of this Code.
To this end it will be necessary to accredit before the court of the deahogo, that the facts of the interrogation are related to the pending process and that I mediate request of part or the urging authority.
ARTICLE 563.- For the purposes of Article 543, the public servants of the federation and the federal agencies will be prevented from paying statements in judicial proceedings and to vent evidence of their actions in their capacity as such. Such declarations shall be made in writing in the case of private matters, and where so ordered by the competent national court.
Competition in Sentencing Execution Matter
ARTICLE 564.- The jurisdiction assumed by a foreign court will be recognized in Mexico for the purposes of the execution of judgments, when such jurisdiction has been assumed for reasons that are compatible or similar to national law, except in the case of matters of exclusive jurisdiction of the Mexican courts.
ARTICLE 565.- Notwithstanding the provisions of the previous article, the national court will recognize the jurisdiction assumed by the foreigner if it has assumed that jurisdiction. jurisdiction to avoid a refusal of justice, in the absence of a competent court. The Mexican court may assume jurisdiction in similar cases.
ARTICLE 566.- The jurisdiction assumed by a foreign court appointed by agreement of the parties before the trial will also be recognized, if given the circumstances and relationships of the same, such election does not in fact imply an impediment or refusal of access to justice.
ARTICLE 567.- The forum choice clause or convention will not be considered valid, when the power to choose it will operate for the exclusive benefit of some but not all of them.
ARTICLE 568.- The national courts will have exclusive competence to hear about the matters that deal with the following matters:
I.- Lands and waters located in the national territory, including subsoil, airspace, territorial sea, and continental shelf, whether it be real rights, rights derived from concessions for the use, exploration, exploitation or use of, or lease of, such goods;
II.- Resources of the exclusive economic zone or relating to any of the sovereignty rights over that zone, in the terms of the Federal Law of the Sea;
III.- Acts of authority or entities to the internal regime of the State and the dependencies of the Federation and of the federative entities;
IV.- Internal regime of Mexican embassies and consulates abroad and their official performances; and
V.- In cases where other laws so provide.
Execution of Sentences
ARTICLE 569.- The judgments, non-commercial private arbitration awards and other foreign jurisdictional decisions shall be effective and shall be recognized in the Republic in everything that is not contrary to the internal public order in the terms of this code and other applicable laws, except as provided by the treaties and conventions of which Mexico is a party.
Dealing with judgments, awards or jurisdictional resolutions that will only be used as evidence before Mexican courts, it will be sufficient for them to fill the requirements necessary to be considered authentic.
The effects of the judgments, private arbitration awards of non-commercial character and foreign jurisdictional decisions in the national territory, shall be governed by the provided in the Civil Code, by this code and other applicable laws.
ARTICLE 570.- The judgments, private arbitration awards of non-commercial character and foreign jurisdictional decisions shall be co-actively served in the Republic, by approval in the terms of this code and other applicable laws, except as provided by the treaties and conventions of which Mexico is a party.
ARTICLE 571.- The judgments, private arbitration awards of non-commercial character and jurisdictional judgments delivered abroad, may have enforcement if comply with the following conditions:
I.- That the formalities provided for in this Code have been satisfied in terms of exhortations from abroad;
II.- That have not been dictated as a result of the exercise of a real action;
III.- The judge or court of judgment has had jurisdiction to know and judge the matter in accordance with the rules recognized in international law that are compatible with those adopted by this Code. The foreign court or judge has no jurisdiction when there is, in the legal acts of the decision to execute, a clause of submission only to the jurisdiction of Mexican courts.
IV.- That the defendant has been notified or deployed in a personal manner to ensure the assurance of the hearing and the exercise of its defenses;
V.- They have the character of res judicata in the country in which they were dictated, or that there is no ordinary recourse against them;
VI.- That the action that gave them origin is not a matter of judgment that is pending between the same parties before Mexican courts and in which the Mexican court has prevented or at least that the petition or letter rogatory they have been processed and delivered to the Secretariat of Foreign Affairs or to the authorities of the State in which the site is to be performed. The same rule will apply when a definitive statement has been issued;
VII.- That the obligation to comply with it is not contrary to public order in Mexico; and
VIII.- They fill the requirements to be considered authentic.
Notwithstanding the fulfilment of the above conditions, the court will be able to deny the execution if it is proved that no foreign sentences or awards are executed in the country of origin. similar cases.
ARTICLE 572.- The request of the requesting Judge or tribunal shall be accompanied by the following documentation:
I.- Authentic copy of the judgment, award, or jurisdictional resolution;
II.- A true copy of the constances that demonstrate that the conditions provided for in the sections IV and V of the previous article were met;
III.- Spanish language translations that are necessary for this purpose; and
IV.- That the performer has indicated domicile to hear notifications at the place of the approval court.
ARTICLE 573.- It is a court competent to execute a judgment, award or judgment from abroad, the address of the executed person, or in his absence, the of the location of his assets in the Republic.
ARTICLE 574.- The incident of the approval of the judgment, award or foreign resolution shall be opened with personal summons to the executing and the executed, to whom it shall be granted For the purposes of this Regulation, the Commission shall, in accordance with the procedure laid down in Article 4 (2) of Regulation (EEC) No 914, provide for the application of the provisions of this Article. exclusively by the offeror, except for the established reason. In all cases, the Public Ministry will be given intervention to exercise the rights that it has.
The resolution to be issued shall be appable for both purposes if the execution is refused, and in the return effect if it is granted.
ARTICLE 575.- Neither the Court of First Instance nor the Court of Appeal may examine or decide on the justice or injustice of the judgment, nor on the grounds or grounds of done or entitled to support it, by limiting itself to examining its authenticity and whether or not it should be implemented in accordance with national law.
ARTICLE 576.- All matters relating to, however, sequestration, depository, avaluo, remate and other related to the settlement and co-active execution of a judgment given by foreign court, shall be resolved by the court of approval.
The distribution of funds resulting from the auction will be made available to the foreign sentencing judge.
ARTICLE 577.- If a foreign court judgment, award or judgment cannot be effective in its entirety, the court may admit its partial effectiveness at the request of the interested party.
Of The Collective Actions
ARTICLE 578.- The defense and protection of collective rights and interests shall be exercised before the Courts of the Federation with the modalities that point out in this Title, and can only be promoted in relation to the consumption of goods or services, public or private and the environment.
ARTICLE 579.- The collective action is appropriate for the protection of the pretenses whose ownership corresponds to a collectivity of persons, as well as for the exercise of individual pretenses whose ownership corresponds to the members of a group of persons.
ARTICLE 580.- In particular, collective actions are sourced to tutelate:
I. Rights and diffuse and collective interests, understood as those of an indivisible nature whose ownership corresponds to a collective of persons, indeterminate or determinable, related to factual or common law circumstances.
II. Rights and individual interests of collective incidence, understood as those of a divisible nature whose ownership corresponds to individuals members of a collectivity of persons, determinable, related to circumstances of law.
ARTICLE 581.- For the purposes of this Code, the rights referred to in the previous article shall be exercised through the following collective actions, which are to be classified into:
I. Diffuse action: It is that of an indivisible nature that is exercised to protect the rights and diffuse interests, the holder of which is an undetermined community, that it is intended to claim judicially from the defendant the reparation of the damage caused to the collectivity, consisting in the restitution of the things to the state that they will keep before the affectation, or in their case to the substitute fulfillment according to the affectation of the rights or interests of the community, without there is necessarily a legal link between the party and the defendant.
II. Collective action in the strict sense: It is that of an indivisible nature that is exercised to protect the rights and collective interests, the holder of which is a determined or determined on the basis of common circumstances, the object of which is to claim judicially from the defendant, the reparation of the damage caused by the performance of one or more actions or to refrain from carrying out them, as well as to to cover the damage individually to the members of the group and which derives of a common legal link existing by law between the community and the defendant.
III. homogeneous individual action: This is a divisible nature, which is exercised to protect individual rights and interests of collective incidence, whose holders are individuals grouped on the basis of common circumstances, the object of which is to legally claim from a third party the enforced performance of a contract or its termination with its consequences and effects according to applicable law.
ARTICLE 582.- Collective action may be subject to declaratory, constitutive or condemnation.
ARTICLE 583.- The judge shall interpret the rules and the facts in a manner compatible with the principles and objectives of the collective proceedings, in the interests of protect and protect the general interest and collective rights and interests.
ARTICLE 584.- The collective actions provided for in this Title shall prescribe at three years six months from the day on which the damage. In the case of damage of a continuous nature, the time limit for the limitation period shall start from the last day on which the damage caused by the affectation has been generated.
From Active Legitimation
ARTICLE 585.- They have active legitimization to exercise collective actions:
I. The Federal Office of Consumer Protection, the Federal Attorney's Office, the National Commission for the Protection and Defense of Users of Financial Services and the Federal Competition Commission;
II. The common representative of the community of at least thirty members;
III. Non-profit civil associations legally constituted at least one year prior to the filing of the action, the social object of which includes the promotion or defence of the rights and interests of the subject matter and which comply with the requirements set out in this Codeand
IV. The Attorney General of the Republic.
ARTICLE 586.- The representation referred to in fractions II and III of the previous article must be appropriate.
Appropriate representation is considered:
I. Act with diligence, expertise and good faith in defending the interests of the community in the judgment;
II. Do not find yourself in conflict-of-interest situations with your representatives regarding the activities you do;
III. Do not promote or have repeatedly promoted diffuse, collective, or individual, frivolous or reckless actions;
IV. Do not promote a diffuse, collective action in a strict sense or individual homogeneous for profit, electoral, proselytizing, unfair competition or speculative, and
V. Not to have been conducted with impericia, bad faith or negligence in previous collective actions, in the terms of the Federal Civil Code.
The representation of the collectivity in the trial is considered to be in the public interest. The judge shall ensure that such representation is appropriate during the substantiation of the process.
The representative must lodge a protest with the judge and be held to account at any time at the request of the judge.
Where during the procedure there will be no active legitimation or those referred to in Article 585 (II) and III (III) do not comply with the provisions of this Article. requirements referred to in this article, the judge of officio or at the request of any member of the collectivity, shall open an incident of removal and substitution, must suspend the trial and notify the beginning of the incident to the collectivity in the terms referred to in Article 591 of this Code.
Once the notification referred to in the previous paragraph has been made, the judge will receive the requests from the interested parties within the 10-day term, applications to be submitted and will resolve the conduct within three days.
If there is no interested party, the judge shall give an opinion to the bodies or bodies referred to in Article 585 (I) of this Code, in accordance with the the dispute in question, who must assume the representation of the collective or group.
The judge must notify the decision of removal to the Council of the Federal Judicature to record such action and, if appropriate, apply the appropriate sanctions. to the representative.
The representative shall be responsible to the community for the exercise of its management.
ARTICLE 587.- Demand must contain:
I. The court before which it is promoted;
II. The name of the legal representative, pointing to the documents with which you credit your personality;
III. In the case of collective actions in the strict sense and homogeneous individual actions, the names of the members of the collective demand;
IV. The documents with which the actora credits its representation in accordance with this Title;
V. The respondent's name and address;
VI. The accuracy of the homogeneous, collective or individual right that is considered to be affected;
VII. The type of action you intend to promote;
VIII. The pretensions for the action;
IX. The facts in which you are based on your claims and the common circumstances that the collectivity shares with respect to the action that is attempted;
X. The basics of entitlement, and
XI. In the case of collective actions in the strict and individual sense, the considerations and the facts that support the convenience of the Substantial progress in the collective way rather than individual action.
The judge may prevent the contracting party from clarifying or subsating its claim when it advises the omission of form requirements, whether obscure or irregular, by giving it a five-day term for such effects.
The judge shall decide if the application is dismissed in cases where the acting party does not fail to prevent the prevention, the requirements laid down in this Title are not met; or be unfounded, frivolous, or reckless claims.
ARTICLE 588.- The following are requirements for provenance of legitimization:
I. In the case of acts that harm consumers or users of public or private goods or services or the environment or that are acts that have damaged the consumer for the existence of undue concentrations or monopolistic practices, declared existing by a firm resolution issued by the Federal Competition Commission;
II. To be seen on common issues of fact or law among the members of the collectivity concerned;
III. That there are at least thirty members in the community, in the case of collective actions in strict and individual sense;
IV. That there is a match between the object of the action exercised and the affected affect;
V. That the matter of the litis has not been the object of res judicata in previous proceedings in connection with the exercise of the actions tutored in this Title;
VI. That you have not prescribed the action, and
VII. Other than determine applicable special laws.
ARTICLE 589.- They are causal to the legitimacy of the process, the following:
I. That the members of the community have not granted their consent in the case of collective actions in the strict and individual sense homogeneous;
II. That the acts against which the action is straightened constitute administrative procedures followed in the form of judgment or proceedings judicial;
III. That the representation does not meet the requirements of this Title;
IV. That the collectivity in collective action in the strict or individual sense cannot be determinable or determined in regard to the affectation to its members, as well as the common circumstances of fact or right of such affectation;
V. That your deahogo through the collective procedure is not ideal;
VI. That there is litispendence between the same type of actions, in which case the accumulation will proceed in the terms provided in this Code, and
VII. That associations that intend to exercise legitimization in the process do not comply with the requirements set forth in this Title.
The court of trade or at the request of any interested party may verify compliance with these requirements during the procedure.
ARTICLE 590.- Once the complaint has been filed or the prevention is drowned, within three days, the judge will order the defendant to be placed, You will be transferred to the application and will give you a five-day view to express what you are entitled to do with respect to the fulfilment of the requirements of origin provided for in this Title.
The hearing, the judge shall certify within the term of ten days, the fulfilment of the requirements of provenance provided for in Articles 587 and 588 of this Code. This period may be extended by the judge to the same extent, in the event that the complexity of the application warrants it.
This resolution may be amended at any stage of the procedure where there are justified reasons for this.
ARTICLE 591.- Concluded the certification referred to in the previous article, the judge will provide on the admission or disposal of the claim and if any, shall give the bodies and bodies referred to in Article 585 (I) of this Code, in accordance with the matter of the dispute in question.
The car that supports the claim must be notified in a personal manner to the legal representative, who must ratify the lawsuit.
The judge shall order the notification to the community of the beginning of the exercise of the collective action in question, by means of the appropriate means for such purposes, the size, location and other characteristics of the community. The notification shall be economic, efficient and comprehensive, taking into account the circumstances in each case.
Against the admission or disposal of the claim is the appeal, which must be immediately processed.
ARTICLE 592.- The respondent party will have fifteen days to answer the claim on the basis of the notification of the self-admission of the demand. The judge may extend this period until for an equal period, at the request of the defendant.
Once the claim is answered, the action will be taken for 5 days to manifest what is right for you.
ARTICLE 593.- The notification referred to in the second paragraph of Article 591 of this Code shall contain a summary of the essential points of the respective collective action, as well as the characteristics that enable the collectivity to be identified.
Other notifications to members of the collectivity or group shall be made for strings.
Unless otherwise provided for in this Title, notifications to the parties will be made on the terms set forth in this Code.
ARTICLE 594.- Members of the affected community may adhere to the action in question, in accordance with the rules set out in this article.
In the case of collective actions in the strict and individual sense, the adherence to their exercise may be carried out by each individual who has a affectation by means of an express communication by any means addressed to the representative referred to in Article 585 of this Code or to the legal representative of the acting party, as the case may be.
Those affected may voluntarily join the community during the substantial process and up to eighteen months after the judgment has caused state or, where appropriate, the judicial agreement acquires the quality of res judicata.
Within this period, the interested party will make its express and simple consent to the representative, who in turn will present it to the judge. The judge shall provide for accession and, where appropriate, order the start of the settlement incident which corresponds to that person concerned.
Those affected who adhere to the collectivity during the substantial process will promote the settlement incident in accordance with the terms of Article 605 of this Code.
Those affected who subsequently adhere to the judgment have caused state or, where appropriate, the judicial agreement acquire the quality of res judicata, must prove the damage caused in the respective incident. As soon as the judge determines the amount to be settled, the member of the collective right to charge shall have one year to exercise the same.
In the case of voluntary membership, the exclusion made by any member of the post-defendant collectivity shall be equivalent to a withdrawal. of the collective action, so it cannot participate in a collective procedure derived from or by the same facts.
Dealing with collective actions in the strict and individual sense shall only be entitled to the payment resulting from the conviction, the persons forming part of the collectivity and prove in the settlement incident, have suffered the damage caused.
The representative referred to in Article 585 of this Code shall have the most extensive powers in law with the special powers required by law. to substantiate the procedure and to represent the collectivity and each of its members who have adhered to or adhere to the action.
ARTICLE 595.- Realized the notification referred to in the second paragraph of Article 591 of this Code, the judge shall immediately point out the date and time for the conclusion of the preliminary hearing and the conciliation hearing, which shall be held within the next 10 days.
In the hearing, the judge will personally propose solutions to the dispute and urge the parties to resolve the dispute, and may be assisted by the experts it considers suitable.
Collective action may be settled by judicial agreement between the parties at any time in the process until before it causes status.
If the parties reach a full or partial agreement, the court of officio shall review that it proceeds legally and that the interests of the party concerned are properly protected.
Prior to ten days before the organs and agencies referred to in section I of article 585 of this Code and the Attorney General of the Republic, and once If the members of the community are heard, if any, the judge may approve the convention by raising it to the category of res judicata.
ARTICLE 596.- In case the parties fail to reach agreement at the prior hearing and conciliation, the judge will proceed to open the trial for a period of sixty working days, common to the parties, for their offering and preparation, and may, at the request of a party, grant an extension for up to twenty working days.
Once the evidence is submitted, the legal representative must ratify it under protest before the Judge.
The self-supporting evidence shall indicate the date for the conclusion of the final hearing of the judgment in which they shall be removed, within a period not exceeding forty days business, which may be extended by the judge.
Once the evidence has been concluded, the judge will give the parties a view that in a period of ten working days they will allege what they are entitled to and representation
The judge will deliver a sentence within thirty business days after the final hearing is held.
ARTICLE 597.- The terms set forth in Chapters IV and V of the First Title of the Second Book may be extended by the judge, if there are causes justified for this.
ARTICLE 598.- For the best to provide, the judge may be able to avail himself of any person, document or thing, at the request of a party or of an office, provided they have immediate relationship with the controversial facts.
The judge must receive all statements or documents, written or oral, from third parties outside the proceedings before him as a amicus curiae or any other, provided that they are relevant to resolving the matter at issue and that third parties are not in a conflict of interest with respect to the parties.
The judge in his judgment must, without exception, make a succinct relationship of the third parties exercising the right to appear before the court in accordance with the provisions of the in the preceding paragraph and the arguments or manifestations by them discharges.
The judge may require the bodies and bodies referred to in Article 585 (I) of this Code or any third party to draw up studies or presentation of the necessary means of evidence from the Fund referred to in this Title.
ARTICLE 599.- If the judge considers it to be relevant, on its own initiative or at the request of a party, it may ask one of the parties for the submission of information or evidentiary means that are necessary to better resolve the dispute in question or to execute the respective judgment.
ARTICLE 600.- To resolve the judge you can use statistical, actuarial or any other evidence of the advancement of science.
ARTICLE 601.- It will not be necessary for the actoring party to offer and disown individualized tests for each of the members of the collectivity.
Individual claims shall, where appropriate, justify the causal relationship in the respective settlement incident.
ARTICLE 602.- When the action is brought by the representatives referred to in Sections II and III of Article 585 of this Code, they shall be required to report through the appropriate means, to the members of the community on the state which holds the procedure for at least every six months.
The bodies and bodies referred to in Article 585 (I) of this Code must keep a record of all the collective proceedings in the process. as already concluded, in which they participate or have participated, respectively, as a party or third party. Such registration shall have the necessary information and shall be easily accessible to the public in accordance with applicable law.
ARTICLE 603.- Statements must resolve the dispute raised by the parties under the right.
ARTICLE 604.- In diffuse actions the judge may only condemn the defendant to the reparation of the damage caused to the collectivity, consisting of restitution of things to the state that they will keep before the affectation, if this is possible. Such a refund may consist of one or more actions or refraining from carrying out them.
If the foregoing is not possible, the judge shall condemn the substitute performance according to the affectation of the rights or interests of the community. Where appropriate, the resulting amount shall be allocated to the Fund referred to in Chapter XI of this Title.
ARTICLE 605.- In the case of collective actions in the strict and individual sense, the judge may condemn the defendant to the repair of the damage, consisting in performing one or more actions or refraining from performing them, as well as to cover damages individually to the members of the group as set out in this article.
Each member of the collectivity may promote the settlement incident, in which he/she must prove the damage suffered. The judge shall establish in the judgment, the requirements and deadlines to be met by the members of the group to promote such an incident.
The settlement incident may be promoted by each of the members of the collectivity in execution of the statement within the calendar year following which the statement cause execution.
After the judge determines the amount to be settled, the member of the collective right to charge shall have one year to exercise the same.
The payment resulting from the settlement incident shall be made to the members of the collectivity in the terms that the judgment orders; in no case through the common representative.
ARTICLE 606.- In case a collectivity has exercised for the same acts simultaneously a diffuse action and a collective action, the judge provide the accumulation of the same in the terms of this Code.
ARTICLE 607.- The judgment will set the sentenced person to a reasonable period of time for compliance in the light of the circumstances of the case, as well as the means of aprize to be used when you are not in compliance with it.
ARTICLE 608.- The judgment shall be notified to the collectivity or group concerned in the terms of the second paragraph of Article 591 of this Code.
ARTICLE 609.- When once the sentence is handed down, some of the parties are aware that their representatives have exercised a representation fraudulent against their interests, they will be able to promote within the period of forty-five working days the appeal that will have to be resolved on the nullity of the actions vitiated within the collective procedure, provided that fraudulent representation has influenced the statement issued.
In the case of the collectivity, the appeal may be promoted by the representative whose appointment has been authorized by the judge. In this case, the judge will make the knowledge of the facts that correspond to the Public Ministry.
ARTICLE 610.- At any stage of the procedure the judge may order, at the request of a party, precautionary measures that may consist of:
I. The order to cease the acts or activities that are causing or necessarily cause imminent and irreparable damage to the community;
II. The order to perform acts or actions that their omission has caused or necessarily cause imminent and irreparable damage to the collectivity;
III. The withdrawal from the market or insurance of instruments, goods, copies and products directly related to the irreparable damage caused, are causing or are necessarily to be caused to the collectivity, and
IV. Any other measure deemed relevant by the judge to protect the rights and interests of a community.
ARTICLE 611.- The precautionary measures provided for in the previous article may be decreed as long as they do not cause more damage than those that are would cause the acts, acts or omissions to be the subject of the measure. The judge must also assess that with the granting of the measure, a ruinous affectation to the defendant is not caused.
For the granting of such measures it will be required:
I. That the applicant of the measure clearly states the acts, facts or abstentions that are causing damage or violation of the rights or collective interests or may cause it to be caused.
II. That there is urgency in granting the measure by virtue of the risk of causing or continuing to cause damage of difficult or impossible repair.
To order these measures, the judge will give the defendant three days ' notice to state what he or she is entitled to see in respect of the application for measures (a) precautionary and request opinion to the competent bodies and bodies referred to in Article 585 (I) of this Code or any other authority in the terms of the applicable legislation.
If damage to the defendant could be caused by the granting of the measure, the defendant may provide sufficient assurance to repair the damage that may be caused to the defendant. collectivity, except in cases where it is an imminent and irreparable threat to the social interest, to the life or health of the members of the community or for reasons of national security.
ARTICLE 612.- The courts to enforce their determinations may use, at the discretion, the following means of award:
I. Fine up to the equivalent of thirty thousand days of general minimum wage in force in the Federal District, which may be applied for each day which passes without being completed as ordered by the judge.
II. The relief of public force and the fracture of locks if necessary.
III. The search by written order.
IV. The arrest for up to thirty-six hours.
If the prize is insufficient, the rebel will proceed with the offence of disobedience.
Relationship between Collective Actions and Individual Actions
ARTICLE 613.- The accumulation between individual procedures and collective procedures will not proceed.
In the event of the coexistence of an individual process and a collective process coming from the same cause, the same respondent in both processes will report such a situation to the judges.
The judge of the individual proceedings shall notify the acting party of the existence of the collective action so that, where appropriate, it decides to continue on the individual track or to exercise its the right of accession to it within the period of 90 days from the date of notification.
In order to proceed with the adherence of the acting party to the collective action, it must be withdrawn from the individual process in order for it to be dismissed.
Dealing with individual rights or interests of collective incidence, in the event of the imposition of the claim in the collective proceedings, the interested parties shall have their rights to exercise them individually.
ARTICLE 614.- The unappealed statement will have res judicata effects.
ARTICLE 615.- If any person initiated an individual procedure to which a statement that caused the execution fell, it cannot be included within a collectivity for the purposes of a collective process, if the object, causes and claims are the same.
Expenses and Costs
ARTICLE 616.- The conviction statement will include the costs and costs that correspond.
ARTICLE 617.- Each party shall assume its expenses and costs arising from the collective action, as well as the respective fees of its representatives.
The fees of the legal representative and of the common representative, who agree with their representatives, shall be subject to the following maximum tariff:
I. They will be up to 20%, if the liquid amount of the main luck does not exceed 200 thousand times the daily minimum wage in the Federal District;
. If the liquid amount of the main luck exceeds 200 thousand but is less than 2 million times the daily minimum wage in the Federal District, they will be up to the 20% on the first 200 thousand and up to 10% on the surplus, and
III. If the liquid amount of the main luck exceeds 2 million times the daily minimum wage in the Federal District, it will be up to 11% on the First 2 million, and up to 3% on the surplus.
If the parties reach an agreement to terminate the judgment before the judgment, the costs and costs must be considered as part of the negotiations of the Court settlement agreement. In any event, the fees of the legal representative and of the common representative who agree with their representatives shall be adjusted to the maximum tariff provided for in this article.
ARTICLE 618.- Expenses and costs will be settled in execution of the statement according to the following rules:
I. The costs and costs as well as the fees of the representatives of the plaintiffs referred to in the previous article, will be covered in the form that determine the judge, seeking to secure the corresponding payment. This payment shall be made from the Fund referred to in Chapter XI of this Title, where there is a social interest that justifies it and as far as the availability of resources permits.
II. In the case of statements that establish a quantifiable amount, the plaintiffs will pay between three and twenty percent of the total amount convicted. by way of fees to their representatives as provided for in the previous article.
The judge shall take into consideration the work done and the complexity of the work, the number of members, the benefit to the respective collectivity and other circumstances which it considers relevant.
III. If the conviction is not quantifiable, the judge shall determine the amount of the fees, taking into consideration the criteria set out in the second paragraph of the previous fraction.
Of The Associations
ARTICLE 619.- For being the common representation of public interest, the civil associations referred to in Article 585 (II) shall be required to to register with the Federal Judicature Council.
ARTICLE 620.- To obtain the corresponding record, those associations must:
I. Submit social statutes that meet the requirements set forth in this Title, and
II. Having at least one year of being constituted and accrediting that they have performed activities inherent in the fulfillment of their social object.
ARTICLE 621.- The registration will be public, your information will be available on the electronic page of the Federal Judicature Council, and at least shall contain the names of the partners, associates, representatives and those holding managerial positions, their social object, as well as the report referred to in Article 623 (II) of this Code.
ARTICLE 622.- Associations must:
I. Prevent your associates, partners, representatives, or those holding managerial positions from engaging in conflict of interest situations activities that you perform in terms of this Title;
II. Dedicated to activities that are compatible with your social object, and
III. To be diligently, probity and in strict accordance with applicable legal provisions.
ARTICLE 623.- To keep the record the associations must:
I. Meet the provisions of the previous article;
II. Deliver to the Federal Judicature Council an annual report on its operation and activities in respect of the previous year, no later than the last day business of the month of April of each year, and
III. Keep permanently updated information to be delivered to the Federal Judicature Council in the terms of the article 621 of this Code.
From The Fund
ARTICLE 624.- For the purposes stated in this Title, the Federal Judicature Council will administer the resources from the judgments that derived from diffuse collective actions and for this purpose, a Fund should be established.
ARTICLE 625.- The resources derived from the statements referred to in the actions referred to in the preceding paragraph must be used exclusively for the payment of expenses arising from collective proceedings, as well as for the payment of the fees of the representatives of the acting party referred to in Article 617 of this Code, where there is a social interest which justifies it and the (a) a judge so determines, including but not limited, the notifications to the members of the community, the preparation of the relevant evidence and the notification of the respective judgment. The resources may also be used for the promotion of research and dissemination related to collective actions and rights.
ARTICLE 626.- The Federal Judicature Council will release annually the origin, use and destination of the Fund's resources.
ARTICLE 1.- This Code shall begin to apply within thirty days of its publication in the "Official Journal".
ARTICLE 2.- From that same date all previous laws on the subject are abrogated, with the provisos of the following article.
These are not included in this repeal, the amparo procedures, nor those established for the operation of special organization courts.
ARTICLE 3.- All processing businesses, upon entry into force of this Code, will continue to be governed by the above laws, with the exception of expiration, which will operate in all of them, and the deadline from the date set out in Article 1 of the transitional period should begin to be counted.
José Gómez Esparza, D. P.- Esteban García de Alba, S. P.- Mariano Samayoa, D. S.- José Castillo Torres, S. S.-Rubicas ".
In compliance with the provisions of Article 89 (I) of the Political Constitution of the United Mexican States and for their proper publication and observance, I request the present decree at the residence of the Federal Executive Branch, in Mexico City, D. F., at the thirty-one day of the month of December of a thousand nine hundred and forty-two.- Manuel Avila Camacho.-Heading.-The Secretary of State and the Office of the Governorship.- German Miguel.-Rubics.
DECREE reforming various Federal Laws, in order to update all those articles that refer to the Secretariats of State whose name was modified and to the Federal District Government on the conduct; as well as remove the mention of the administrative departments that are no longer valid.
Published in the Official Journal of the Federation on April 9, 2012
ARTICLE FOURTH. Article 509 of the Federal Code of Civil Procedures is reformed to remain as follows:
First. This decree shall enter into force the day after its publication in the Official Journal of the Federation.
Second. As of the date this Decree enters into force, the provisions that contravene or oppose it are left without effect.
Mexico, D.F., on February 21, 2012.-Dip. Guadalupe Acosta Naranjo, President.-Sen. José González Morfin, President.-Dip. Laura Arizmendi Campos, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."
In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at thirty March of two thousand twelve.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, Alejandro Alfonso Poire Romero.-Heading.