Mexican Civil Code: Sales, Leases, Donations, and Other Contracts

Posted on Dec 19, 2024 in Law & Jurisprudence

Purchase

Article 1397.- The purchase is a contract whereby one party transfers ownership of one thing or all of the right and the other pays a certain price in money.

Article 1398.- The sale is binding on the parties by agreement only them in the thing and the price, although the first has not been delivered, nor the second satisfied.

Article 1399.- If the price of the thing sold be paid partly in money and partly in value otherwise, the contract will be for sale when the share of cash, equal to or greater than that paid to the value of the other thing. If the portion of cash is lower, the contract will swap.

Article 1403.- The sale of a property may be made in a document signed by the buyer and seller before a notary public, if the rateable value or price agreed or estimated for tax purposes does not exceed the limit that the law authorizes them notarized.

Article 1406.- When the assessed valuation of property, the sale price or estimated for tax purposes exceed the limit authorized by law to notaries public, the contract will be awarded before a notary public, whether they affect.

Article 1410.- The contractors will pay for half the cost of writing and recording evidence, unless otherwise agreed otherwise.

Article 1412.- Foreigners and legal persons cannot buy real estate but subject to the provisions in Article 27.

Article 1413.- Litigation cannot purchase anything that cannot be assigned.

Article 1415.- You cannot purchase goods for sale or administration are responsible for:

The guardians and conservators.
The presidents.
The executors and who shall be appointed in case of intestacy, unless they are heirs.
The auditors appointed by the testator or by the heirs.

Delivery of the Thing Sold

Article 1418.- The delivery can be real or virtual legal. The actual delivery is to the physical delivery of the thing sold, or delivery of the title if it is a right. There are legal delivery time, even when not physically delivered the thing, the law deemed receipt by the buyer.

From the moment the buyer agree that the thing sold is at your disposal, it shall be received from it virtually, and the seller to be kept in power only have the rights and obligations of a depository.

Article 1419.- If the thing sold is movable, is said to be delivered when material is placed in the hands of the buyer.

Article 1420.- If the thing sold is the root, is said to be delivered is given after the public deed before a notary or notary public as appropriate.

Article 1424.- If the thing sells for number, weight or measure, expression of these circumstances, the buyer may seek rescission of the contract. If any failure in delivery that can not or will not meet the seller, or excess cannot be separated without prejudice to the thing.

Obligations of the Seller

Article 1434.- The seller is obliged to provide the buyer the thing sold, and to ensure the quality and the ownership and peaceable possession of the purchaser and to provide sanitation in case of eviction.

Article 1448.- In the case of sale of animals, whether they are sold individually, logs or oxen, or cattle, rescission action because of blemishes or hidden, only lasts for twenty days from the date of the contract.

Buyer’s Obligations

Article 1454.- The purchaser must comply with everything that is required, and especially pay the price of the thing at the time, place and manner agreed.

Article 1456.- If there is doubt about which of the parties shall first make the delivery, either make the deposit with a third party.

Article 1457.- The buyer has interest for the time lag between the delivery of the thing and pay the price in the following three cases:

If so agreed.
If the thing sold, and delivered produce fruits or income.
If you set them up in arrears under.

Article 458.- The term sales but does not provide interest, the buyer should not because of that, though, we realize the fruits of the thing, as the term became part of the same contract, and should be understood that in this consideration.

Judicial Sales

Article 1462.- The judicial sales by auction, tender or public auction, the governed by the provisions of this title as to the substance of the contract and rights and obligations of the buyer and seller, with modifications containing the following articles.

Article 1463.- In case you cannot finish, or by proxy, the judge, registrar and other court employees, the executed, their attorneys, lawyers, administrators and guarantors, the executors and guardians, in the case of property belonging to the succession or the disabled, respectively, nor the experts who have valued the property subject of the auction.

Patterns of Some of the Sales Contract

Article 1468.- The sale is made to empower the buyer to pay the fertilizer price is subject to the following rules:

If the sale is of real estate, can be agreed that the non-payment of one or more fertilizers will result in termination. The termination shall become effective against third parties who have acquired the property in question, provided that the rescission clause is registered in the public register.
In the case of movable property such as cars, engines, pianos.

The Exchange

Article 1474.- Change or exchange is a contract which gives one thing for another.

Article 1475.- If one party has been the thing that was promised in exchange, and show that it was not of one who gave it, cannot be compelled to deliver the change he gave in, and complies with return received.

Article 1476.- The permutante suffered eviction of the thing that was on the other hand, claim that he, or is still held by the other permutante, or requiring its value and damages.

Of Donations

Article 1479.- Grant is a contract whereby a person transfers to another, free of charge, part or all of their present property, with the restrictions set forth in this title.

Article 480.- It is pure donation afforded absolute and conditional which depends on some uncertain event. It is onerous donation is made to impose certain taxes, and which is remunerative in attention to services received by the donor and debt do not matter.

Article 1481.- When the donation is expensive, just consider who has donated excess in the price of the thing, the charges deducted from it.

Article 1482.- Grants may only take place between the living and cannot be revoked except in the cases stated in the law.

Article 1483.- The donation is perfect since the donee accepted, and acceptance is made known to the donor.

Article 484.- There can be verbal rather than donation of movable property and where its value does not exceed one hundred times the minimum wage.

Article 1485.- Donations estate shall be executed before a notary or notary public, as required by law, subject to that effect to the rateable value or estimated for tax purposes.

Article 1492.- If the donation is made with the burden of paying the debts of the donor, including read only existing at the time of donation with real date.

Of the Revocation and Reduction of Donations

Article 1497.- The unborn can acquire by donation, provided that they have been conceived at the time when that was done and viable.

Article 1498.- Donations made to simulate other contract, for persons who, under law, cannot receive them, are void, whether made in a direct way, and by proxy. Interposed persons are considered to be the descendants, ascendants, or spouses of grantees.

Article 1501.- The grant may not be revoked by supervenience of children:

When not exceeding one hundred times the minimum wage.
When either before marriage.
When either between spouses.
When purely remunerative.

Article 1506.- The donor cannot renounce in advance the right of cancellation by supervenience of children.

Article 1508.- The grantee shall respond only compliance with the burdens imposed upon him the thing given and is not personally liable with their property. You can evade the burdens of leaving the thing given and if this dies by accident, is free from any obligation.

Article 1511.- The grant may be revoked for ingratitude:

If the grantee commits a crime against the person, honor or property Donor or ascendants, descendants or spouses of the latter.
If the donee refuses to help, depending on the value of the donation, the donor who has come to poverty.

Of Loan

Article 1526.- Under the name of loan includes any free grant for time and for specific purposes, the use of a thing is not fungible, with the obligation to repay it in kind, and all grants or interest free of fungible thing, with the obligation return as much of the same kind and quality. In the first case, the loan is called loan, and second, mutual.

Article 1527.- If the loan is declared void or rescinded, as will be observed up to the thing.

The Bailment

Article 1529.- The lender retains ownership of the thing lent. The borrower can acquire use, but not the fruits and accessions of thing loaned.

Article 1530.- If the loan is made in consideration only to the person of the borrower, his heirs have no right to continue in the use of the thing lent.

Article 1531.- The borrower must be employed in the use of the thing the same diligence than of their own, otherwise, is liable for damages.

Article 1533.- The borrower is responsible for the loss of the thing if used in different use or for longer than agreed, even though the former occurrence of unforeseeable circumstances.

Article 1534.- If the thing perishes by accident that the borrower was able to book using their own, or may not retain more than a.

Article 1540.- The borrower is required to restore the thing borrowed, to be completed by the agreed deadline or satisfied the purpose of the loan.

Article 1545.- The bailment ends with the death of the borrower.

Mutual of Simple

Article 1546.- The mutuatario endorses the thing loaned, and the risk of your account since it was delivered.

Article 1547.- The obligation to repay mutuatario is on schedule, as much of the same kind and quality of what you received.

Article 1548.- If there is no agreement about the term of the refund will observe the following rules:

If the farmer regardless mutuatario and lending treatment consists of cereals and other farm products, the refund will be made in the next crop of same or similar fruits or products.
The same was observed for the mutuatarios which are not tenants.

Article 1552.- The lender is responsible for damages suffered by the mutuatario by poor quality or hidden defects of the thing lent, if he knew of the defects and did not give timely notice to mutuatario.

Article 1553.- The mutuatario is responsible for the interest from which has become overdue.

Of Mutual Interest With

Article 1556.- It is possible to stipulate mutual interest, and consist of money, and in genres, but the provision is void if not evidenced in writing.

Article 1557.- The interest is legal or conventional.

Article 1558.- The legal interest is nine percent. The conventional interest is to be determined by contract, and may be higher or lower than the legal interest.

Article 1560.- Conventional interest rate should be included in the same contract of mutual.

Of Lease

Article 1564.- It is called the lease contract by which one person grants to another the temporary use or enjoyment of a thing by a certain price, even if the parties to this contract given her any other title.

Article 1565.- The owner who is not the thing, you can lease it if you have the power to conclude this contract, under authorization of the owner, and by operation of law.

Article 1567.- Can not let anything undivided co-owner without the consent of the other joint owners.

Article 1568.- They are likely to lease all the assets that can be used without being consumed, except those prohibited by law rights to lease and strictly personal.

Article 1572.- The rental or lease price may consist of a sum of money or anything else equivalent to that it is certain and definite.

Article 1573.- Every lease must be in writing, whatever the amount of yearly income, in a document before a notary or notary public when the period not exceeding three years, and in writing before a notary public if it exceeds that period.

The Landlord and Tenant

Article 1574.- The landlord is required, although there is no express agreement:

To deliver to the lessee the leased real estate with all their belongings and in condition to serve for the use agreed upon, and if there was no express agreement, for him to by its very nature was intended.
To maintain the leased premises in condition to serve for the use agreed or for which it conforms to its nature, during the lease, making to do all necessary repairs, unless otherwise agreed.
A pregnant not to interfere or in any manner the use of the thing leased, unless due to urgent and essential repairs.
To ensure the peaceful use and enjoyment of the thing around the time of the contract.
To respond for the damages suffered by the tenant.

Article 1583.- The lessee is obliged:

To pay the rent or price at the time and manner agreed.
To respond for the damages that the thing leased suffer through his fault or negligence or that of their families and subtenants.
The use of the thing only for use as agreed or the nature of it.

Article 1584.- The rent must be paid at the agreed place, and no agreement express, in place of the location of the property leased.

Lease of Urban Property

Article 1610.- All the houses intended for habitation must meet the hygiene and sanitation conditions prevented the state sanitary code. Therefore, it imposes on landlords a duty of care that the parcel leased shall not lack the conditions referred to.

Lease of Agricultural Property

Article 1621.- If after completion of the lease of rural property, the tenant continues unopposed in the enjoyment and use of the property, for more than two months, the contract shall be renewed for one year, stopping the obligations issued by a third party security of tenure, unless otherwise agreed.

Termination of Lease

Article 1629.- The lease may be terminated:

For failure to pay three months’ rent, in the case of urban property intended for habitation; of two, in the case of any other urban land and a half, in the case of rural property.
By use of the thing in contravention.
For sublease, unless otherwise agreed or express provision of law to the contrary.

The Sublease

Article 1645.- The lessee cannot sublet the leased premises in whole or in part, nor assign his rights without consent of the lessor, if he does so, shall be jointly liable to the sublessee, for all damages.

Article 1650.- The sublease must be granted with the same formalities required by law to the lease.

The Furniture Rental of Things

Article 1651.- You can be the subject of this contract all nofungibles chattels that are in the comercio.

Article 1652.- Are applicable to the lease, the provisions in Part sobrearrendamiento compatible with the nature of movable objects.

Tank

Article 1674.- The deposit is a contract whereby the depository to the depositor is obliged to receive a thing, movable or immovable, which he entrusted to him to restore it and save it when prompted by the depositor.

Article 1675.- Unless otherwise agreed, the depositary is entitled to demand payment for the deposit, which under the terms of the contract and failing that, to the uses of place in the establishment of the deposit.

Article 1676.- The holders of bonds, securities, bills or documents that bear interest, are obliged to undertake the recovery of that at the time of maturity, as well as to practice whatever actions are necessary for effects to preserve the value and deposited their respective rights under the law.

Article 1680.- The depositary is required to keep the thing to be stored as you receive it and return it with all its fruits and eldepositante accessories when prompted, even when constituting the term has been fixed deposit has not reached Yeste. In the deposit not answer the depositary of the impairments, damage things or deposited sumalicious suffer damages for negligence.

Of Abduction

Article 1702.- The kidnapping is the deposit of a thing at issue in the hands of another, until it is decided who should be delivered. The kidnapping is conventional or legal.

Article 1703.- The conventional sequestration takes place when the litigants settle the matter at issue in the hands of a third party agrees to deliver completed the trial, which under the ruling is entitled to it. It is the courts, where the public authority in writing orders seizure of property.

Article 1704.- The conventional charge of kidnapping cannot free himself from it before the termination of litigation, but it all consenting parties interested, or for any cause the judge to declare legitimate.

Article 1705.- Outside of these exceptions apply to conventional kidnapping the same provisions for the deposit.

Article 1706.- The charge of kidnapping, whether conventional or judicial, has possession of the assets on behalf of him I was awarded by final sentence.

The Mandate

Article 1707.- The mandate is a contract whereby the agent undertakes to execute on behalf of the principal legal acts that it will charge.

Article 1708.- May be subject to all legal mandate for which the law does not require the personal intervention of interest.

Article 1709.- The term may be general or special.

Article 710.- In all the general powers of attorney for lawsuits and collections, suffice to say that is granted with all general and special powers requiring a special clause in accordance with law, to be deemed to be granted without limitation.

Article 1715.- The tenure should be granted a public deed before a notary public:

As general.
When the interest of the business for which confers exceed the limit authorized by law notaries public or notary.
When under him, has run the agent on behalf of the client, an act that, according to law, be recorded in writing.

Obligations of the Agent for the Principal

Article 1722.- The Contractor shall employ in the discharge of their duties, ladiligencia and care that the business requires and that he usually put themselves, and otherwise it is liable for damages caused.

Article 1725.- The president is exceeding its powers, shall be liable for damages caused to the principal and the third party with whom he contracted, if it knew that it went beyond the limits of the mandate.

Article 1730.- The president may entrust a third the performance of its mandate, if you have express authority to do so. Replacement will be given in the same way as the mandate.

Obligations of the Client for the Agent

Article 1734.- The principal is required to reimburse the agent for all legal costs and necessarily do and compensate for damages sustained as to fulfill the mandate.

Article 1735.- The principal is required to pay the agent the agreed fee or fees without prejudice to the preceding article, even if the mandate has not been helpful to the principal.

Article 1736.- It will only be free of the mandate, where this has been convenidoexpresamente.

Mandate of the Judicial

Article 1742.- The injunction may be granted in a public deed before a notary or notary public, as appropriate, in accordance with the Articles or in writing submitted to and ratified by the grantor before a judge of the case, or through hearing before it. If the judge does not know the grantor, will require identification witnesses. The replacement of the injunction, will be in the same way that its execution.

Article 1743.- They cannot be attorneys at trial:

The handicapped.
The magistrates, judges and other officials and employees of the administration of justice in the exercise, within the limits of its jurisdiction.
The employees of the State Treasury in any case in which to intervene of their own, within their respective districts.

Article 1744.- The Attorney General does not need power or special clause but in the following cases:

To desist.
To compromise.
To engage in referees.
In order to answer interrogatories.
To transfer bienes.
For recusar.
To receive payments.

Article 1745.- The prosecutor, accepted the power, is obliged:

To continue the trial for all its procedures and instances, while not ceased commissioned by one of the causes of termination of the mandate.
To pay expenses caused to his body, observing the provisions of.
To practice as necessary for the defense of his principal, getting ready to act on the instructions it has given him, and if not any, to requiring.

Termination of Mandate

Article 1752.- Term expires:

On the Resignation of revocación.
Mandatario.
By the death of the principal or mandatario.
For one or otro.
Ban – By closing date or termination of the business for which it was concedido.
In the cases provided by Articles 544, 545 and 546 of this code.