# Napoleonic code ... Mexican civil law structure



## AlanMexicali (Jun 1, 2011)

"The law must be socialized. As the publicist said: "To socialize the law will be an indispensable standard of socialization for all the other activities, in opposition to the selfish individual, thus creating a new type of more enlightened man: the social man."

Features - The Federal Civil Code of Mexico | LLRX.com

I was in a discussion about Mexican privately owned bank's mortgage requirements and mentioned that some people have the idea that "You can get a house mortgage from banks only if you don't need one." 

The answer from a few people here was that the reason is that to foreclose legally in the civil court system in Mexico when no assets are assigned over to the lender that CAN legally be seized for default of payment is not very possible. In other words it is mainly due to the above Napoleonic Code their civil laws are based on. Renters in Mexico have rights that are different than NOB and squatters rights in Mexico are easier to obtain here also. 

AURBI and other federally owned housing development corporations are different and very easy to get the 3 federal bank mortgages with about $5000.00 pesos down and $1200.00 pesos/month for a new 2 bedroom stripped down house with "Intereses social", low interest rates. 

Employees of some federal and maybe state govt. in their workers unions have "interes social" loans available that are taken directly from their pay checks. So some sectors can get "special" bank loans with no 100% collateral if working for the federal govt. on any house or car etc. they choose. 

The condo developers in tourist zones seem to have "special" bank loans available for foreigners, which I presume can be foreclosed on very easily for non payment.


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## AlanMexicali (Jun 1, 2011)

*Aurbi*

Sociedad Hipotecaria Federal: 

Mortgage-Backed Securitization: New legal development in Mexico by Manuel Caloca Gonzlez

For any who are interested in the low income federal mortgage programs and the federal govt. housing development corporation in Mexico see section 3 of this article.

"As we know, the Mexican legal system is “drawn from the civilian tradition of continental European law and specially the Spanish and French models.” “The heart of this tradition is the Civil Code which governs persons and relations between persons and property by setting down a body of rules which lays down the jus commune”


" The lien used by excellence in Mexico over real estate is the mortgage (“Hipoteca”) regulated in every Civil Code of the Mexican States and Federal District of Mexico. By the “Hipoteca” a borrower does not convey title to property, such as in the U.S. “mortgage”, the borrower retains the title to property, and the lien is attached to the property until the loan is paid.. Article 2893 of the Civil Code for the Federal District of Mexico (thereafter C.C.D.F.) establishes that a “Hipoteca” is a security “in rem” “created on assets which are not delivered to the creditor, that grants the latter the right, in the event of default of the secured obligations, to be paid with the value of such assets in the order of preference established by the law”.



We consider that the Mexican “Hipoteca” is not the equivalent to the U.S. “Mortgage” if the latest represents a conveyance of title to property. But they could be equivalents if the “Mortgage” is understood to produce a lien against property to secure an obligation."

Welcome to living in a "Social Democracy". Some will not understand the differences right away from living in a democracy NOB. However will see the differences and scratch their heads at times. "WHY THIS!"


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## DNP (May 3, 2011)

Great posts, AlanMexicali.

WashDC/SMA


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## MJB5293 (Feb 26, 2009)

i take from you post 2 things one you have been in mexico awhile 2 that you are very educated 

plese re-post in easy to understand tearms


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## pappabee (Jun 22, 2010)

I agree great posts and those of us who have chosen to live in Mexico really need to understand both the criminal and the civil legal system. The problem is that since it's written in Spanish and Legalese it is doubly hard to understand.

I'm not sure that simply putting it into simple English will really work. OK it will work for small parts of it just as it works for small parts of the US Code. The problem is that Code "a" is tied into Code "b" etc. just like it is in the US and Canada. 

As my beginning contract law professor used to say " It's much more important to understand the structure of the law rather than the specifics. If you understand the structure you can always look up the specifics". 

If someone would be so kind as to help us understand the basic structure of the Mexican civil law system I feel that it would be greatly appreciated.


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## RVGRINGO (May 16, 2007)

Hmmm,
An accident is an accident, refunds are not given, warranties are often worthless, you have to take care of the sidewalk and street in front of your house, police can only protect you if they see the crime in progress, traffic police are not interested in anything but traffic, you don't report crimes to the police, possession is 9 points of the law, squatters and tenants have more rights than property owners, you are guilty if accused and must prove your$elf innocent, you'll pay if your car injures the road, etc., etc.


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## HolyMole (Jan 3, 2009)

RVGRINGO said:


> Hmmm,
> An accident is an accident, refunds are not given, warranties are often worthless, you have to take care of the sidewalk and street in front of your house, police can only protect you if they see the crime in progress, traffic police are not interested in anything but traffic, you don't report crimes to the police, possession is 9 points of the law, squatters and tenants have more rights than property owners, you are guilty if accused and must prove your$elf innocent, you'll pay if your car injures the road, etc., etc.


Right. It's easier to remember these homilies than to try and decipher Mexican law, the English translation of which always reads like it was done by an idiot.
I recall an article in The News out of Mexico City 2 or 3 years ago stating that the government had repealed - or was planning to repeal - those provisions of Napoleonic law that presumed guilt in criminal cases. Whatever happened to that initiative?


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## tepetapan (Sep 30, 2010)

I believe I read last week that the state of Chiapas has changed their state law to "innocent until proven guilty."


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## AlanMexicali (Jun 1, 2011)

*Limit liability in Mexico*



RVGRINGO said:


> Hmmm,
> An accident is an accident, refunds are not given, warranties are often worthless, you have to take care of the sidewalk and street in front of your house, police can only protect you if they see the crime in progress, traffic police are not interested in anything but traffic, you don't report crimes to the police, possession is 9 points of the law, squatters and tenants have more rights than property owners, you are guilty if accused and must prove your$elf innocent, you'll pay if your car injures the road, etc., etc.


As usual you have summed up the way things are here very nicely and in few words. During the thread on Mexican Socialized Medicine I can up with one more thing. When in a govt. heath plan, no matter which of the 3 you are serviced by they have limited liability and as a member you give up your right to sue in case of a fowl up on their part. Many will see this a deterrent to use those systems that doesn't allowed for compensation in that case. That is why some Mexicans use the private heath care route, I feel.


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## RVGRINGO (May 16, 2007)

There is no need for malpractice insurance in Mexico, as accidents are accidents. It is not a litigious society and, as such, few lawsuits for such matters. The feeling of security you get in the USA is just that; a misguided feeling, nothing more, and you pay a much higher price for it.


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