H.

PUEBLA STATE CONGRESS

GENERAL SECRETARY
GENERAL DIRECTORATE OF PARLIAMENTARY SUPPORT AND INFORMATICS

CODE OF CIVIL PROCEDURES FOR THE FREE AND SOVEREIGN STATE OF PUEBLA

(November 18, 1986)

CODE OF CIVIL PROCEDURES FOR

THE FREE AND SOVEREIGN STATE OF PUEBLA

STATEMENT OF MOTIVES

INTRODUCTION

1.1.- This is a Draft Code of Civil Procedures for the Free and Sovereign State of
Puebla.

1.2.- If approved by H. Congress of the State of Puebla, will replace the Code of the
same name, which is in force, and which was promulgated on February 23, 1956.

1.3.- Below we present the reasons for the proposed rules:

II.- GENERAL RULES

2.1.- Objective of the civil procedure.- The purpose of this procedure is "for the
judicial authority to declare or establish a right." (article 1)

2.2.- Purpose of the voluntary jurisdiction procedure.- Through this procedure,

"the intervention of the authority is obtained in matters in which the law authorizes this
intervention." (article 2)

2.3.- Initiation of the judicial procedure.- A civil or voluntary jurisdiction

procedure may be initiated, "by themselves or through their representatives, by persons
who have an interest in the object of these procedures or a contrary interest." (article 3)

2.4.- Continuation of the judicial procedure.- Article 3 also authorizes the persons
referred to in the previous Article to continue these judicial procedures.

III.- EXPEDITED JUSTICE

3.1.- According to Article 17 of the Political Constitution of the United Mexican

States, "the courts will be expeditious to administer justice within the deadlines and
terms established by law;..."

3.2.- When interpreting Article 17 of the Constitution, it is concluded that the

administration of justice, in our country, must be "free of all obstacles", be "prompt to act"
and "without impediments until achieving its goal", since these are the meanings
admitted by the adjective "expeditious", according to the Dictionary of the Spanish
Academy.
 3.3.- This Project aims to establish norms that, when applied, comply with the
provisions of Article 17 of the Constitution. For this, the guidelines of procedural economy
were taken into consideration, a practical and theoretical notion that, according to
Enrique Jiménez Asenjo, "influences and determines the entire life and structure of the
process, both in its general organization and in each of the activities of its pieces or
instruments".

3.3.1.- According to the Dictionary of Civil Procedural Law by teacher Eduardo

Pallares, due to the principle of procedural economy, "the process must be developed with
the greatest economy of time, energy and cost." The process must be cheap, fast and
simple.

3.3.2.- The problem regarding the monetary cost of the process has two aspects,
depending on whether the amount of the parties' attorneys' fees is considered, when they
can pay them, or who, due to their economic conditions, cannot afford to pay them. In the
first case, they will be set by agreement and in the absence of this, according to the
tariffs, the fair amount of such fees will be determined. In the second case the problem
disappears, with the intervention of the public defender. The only questions remaining are
the speed and ease of the process.

IV.- SPEED IN THE PROCEDURE

4.1.- The procedure, process or trial is a set of acts, which begins with a request
from the person requesting judicial intervention, a request that is generally made in the
lawsuit, and which concludes with the sentence, if it is acquittal, or with the last act of its
execution, if it is condemnatory.

4.2.- The constituent acts of the process are necessarily successive and each one
of them proceeds from the previous one, thus forming an order or system without which
there is no process.

4.3.- Eduardo J. Couture says that since the acts that make up the process "are
generated by the activity of the parties or the court, ultimately the rhythm of the process,
its progress, is subordinated to whether the parties or the agents of justice are diligent or
omissions in carrying out such acts".

4.3.1.- The procedural impulse, that is, the activity that tends to continue the
process until its completion, may be entrusted to the judicial authority, be its duty, or
correspond exclusively to the parties. being then a power to drive them.

4.3.2.- In the Code of Civil Procedures of the State of Puebla, in force since 1956,
in the codes prior to this, as well as in the civil procedural legislation of the other States
of the Republic and the Federal District, the procedural impulse is a power of the parties;
The Judicial authority cannot act ex officio except very exceptionally, when the law
authorizes it to do so; In other words, the judge is not the director of the trial, he is only a
spectator Judge.

4.3.3.- The power of impulse originated in the primitive Roman process, which
was an arbitration procedure to which the parties were subject by common agreement.
From Rome this impulse-power passed to Spain, which established it in the Latin
American nations during the Colony. We received it from Spain.

4.3.4.- In countries where the procedural impulse of the parties exists, and at all
times, it has been considered one of the causes of the slowness in the administration of
justice, and of the delay, sometimes for years, of the resolution of the trials. It has been
said that today we move from one continent to another, in a few hours by plane; but that
justice marches on the road or by diligence; that quick justice is preferable, even if it is
not very perfect, because the greatest injustice is the delay in the solution and completion
of the Trials. This delay is sometimes due to the parties, other times to their lawyers and
finally to the judicial authority or their subordinates. There may be error, ignorance,
disinterest, bad faith on the part of the parties; in the lawyers laziness, carelessness, bad
intention... and in the judicial authorities negligence in themselves or their employees.

4.4.- One of the primary objectives of the State is the legal security of individuals,
its subjects. In the Process, the rights of the parties are discussed. The actor sued
because he demands that the defendant respect a right or that it be declared or
established. The defendant opposes the plaintiff's claim. There is therefore a legal
situation, which, as concrete as it was, became uncertain, as long as the process lasts
and is not decided executorily. Couture is very right when he states that "...the process is
a state of uncertainty; and uncertainty is the denial of the right." Therefore, from a
political point of view, the State must ensure that this "denial of the right" ceases in the
shortest possible time; The facts that create uncertainty must be replaced by the security
provided by res judicata, and in accordance with the teachings of procedural economy,
the process must be quick and easy.

4.4.1.- Since the last century, the amparo trial has provided us with a paradigm of
a rapid procedure, free of obstacles, and that is resolved, in terms of substance, and
ultimately, in a few months, even when it is filed. review against the sentence of the
District Judge. This Project was partially inspired by the protection legislation.

4.4.2.- The excellence of the amparo trial is due, without a doubt, to the fact that
the judicial authorities (Ministers of the H. Supreme Court of Justice, Circuit Court
Magistrates and District Judges), normally perform their duties.

4.4.3.- The procedural impulse in the guarantee trial is the responsibility of the
judge; It is a professional impulse. The judge is the director of that trial, not a spectator
judge, as occurs within the system of the Code of Civil Procedures of the State of Puebla
of 1956 and the codes prior to this one, as well as in the legislation of the other States of
the Republic and of the Federal District.

4.4.4.- This Project proposes the procedural impulse as a duty of the judge, in the
contentious phase. To this end, Article 70 contains several rules and the first of them
establishes that "once a business has been started, by the first writing of the interested
party and the agreement that falls to it, the procedure will be carried out ex officio,
without the need for an instance." on behalf."

4.4.4.1.- The same article 70, secondly, assumes the case of the expiration of a
term and for this case it establishes:

a).- That "except as expressly provided by law, no Judicial resolution is required

for the continuation of the procedure";

b).- That "when it is legally necessary for the Judge or Court to order a procedure
or diligence, the corresponding judicial resolution will be issued ex officio;" and

c).- That in the case provided for in the previous paragraph, "the Secretariat,
under its responsibility, will report to the Judge or Court and they will promptly order
what is appropriate."
 4.4.4.2.- It can be said that the provisions established by the aforementioned
article 70 would be sufficient for the procedure between individuals, in which private
interests are involved, to be developed ex officio; But when the Project was drafted, it was
noted that the proposed change - replacing the partial impulse with the ex officio impulse
- means a fundamental transformation of the system that has governed the State for
many years and, therefore, whenever there was the opportunity, it was He repeated in the
rules proposed in the Project, the duty of the judge to promote the procedure, without the
need for a request from a party. This contributes to the realization of the pedagogical work
of the law, which is not addressed with its precepts only to those who know the law, but
to all inhabitants of the State. In this way, the system change will be known better and
more quickly, which will benefit its better application. Thus, this duty of the judge is
repeated in the following cases:

a.- Once "the terms have elapsed," says article 67, "the business will continue its
course, without the need for promotion by the parties."

b.- In case of plurality of actors or defendants, if the interested parties do not

name a common representative, within the period established by law, the Judge or Court
will ex officio choose one of them.

c.- The orders in which the answer to a claim is resolved, whether it is a

counterclaim or not, will be issued ex officio (article 258). These orders are: 1) the one
that expressly considers the claim answered; and 2) the one that considers it answered in
the negative, when the defendant does not answer it within the term (article 257).

d.- In the proceedings in which the answer to the claim is resolved, the Judge, ex
officio, will order the trial to be opened (article 266), except when the defendant agrees to
the claim, or admits the facts stated in the same or when the issues are of law and not of
fact, taking into account the provisions for foreign law (article 267).

e.- When the absolver does not appear at the acquittal procedure, the Judge will
declare him confessed and this declaration will be made ex officio (articles 318 and 319).

f.- In the incident of blemishes, once the document in which these are asserted
has been answered, or the term granted to answer it has elapsed, the Judge will summon,
ex officio, a hearing, within eight days, in which the the evidence offered (article 448,
section III).

g.- Article 452 orders that "once the testing period has concluded and, where
applicable, the terms granted in accordance with articles 272, 282 and 283, or the
hearing ordered by section III of article 450 has been held, the parties may to allege in
writing within five days, without the need for a resolution from the Judge in this regard.

h.- According to article 453, after the five days referred to in article 452, "whether
or not the parties have pleaded, the Judge will ex officio summon for a ruling which will
be issued within the term of the law."

i.- Once the appeal for revocation is admitted, article 474 provides, "a notification
will be sent to the counterparty to respond within two days, and once this term has
concluded, the court, without the need for a petition, will issue the corresponding
resolution." .
j.- In the appeal, "once the grievances have been answered or the term granted for this
has elapsed, without being answered, the Judge will ex officio send to the superior the file
in which the final sentence appealed was issued or, where appropriate, a certified copy of
the appealed interlocutory..." (article 497).
 k.- The execution of sentences must be processed at the request of a party (article
541); but an exception from this provision is "the execution of sentences handed down in
matters of interest to the family or incapable persons, in which these sentences must be
executed ex officio, under the responsibility of the Judge and the Public Prosecutor's
Office." (article 542).

l.- When the Family Judge refuses to grant consent for the promoter(s) to marry,
"he will ex officio send the file to the Family Chamber of the Superior Court of Justice,
which, hearing the interested parties within three days, will resolve by confirming,
modifying or revoking that resolution". (article 1111-II)

m.- In the case of mentally ill patients, articles 1201 to 1204 impose on the
doctors who treat them, and the directors of the hospitals in which said patients are
confined, the duty to submit a report to the Public Ministry and the Family Court Judge.
on the admission of these patients and on their state of health. Article 1205 establishes
that those who do not comply with these duties will be sanctioned for each omitted report,
with a fine that the Judge will impose ex officio, as soon as the violation is noticed.

n.- When the sale of property of incapacitated persons is authorized, for a specific
purpose, the Judge, the Public Prosecutor's Office and the Curator, under their
responsibility, will ensure that, at the price obtained, the application indicated in the
authorization is given; and that the provisions of articles 719 and 728 of the Civil Code
are complied with, "and the Judge must demand ex officio that such compliance be
accredited." (article 1293).

ñ.- The Judge may ex officio demand from the provisional executor compliance
with the duty of presenting the administration account monthly, and order the deposit of
the liquid amount (article 1396).

o.- The executor who does not render the monthly account will immediately cease
his duties by resolution that the Judge will issue ex officio (article 1398).

p.- "Within thirty days following the acceptance of the position by the definitive
executor, the Judge, at the request of anyone interested in the succession, or ex officio,
will summon the executor, the heirs and legatees and the Public Ministry, so that the
provisions of articles 3445 to 3449 of the Civil Code are complied with."

q.- In successions initiated before minor judges, "if it turns out from the appraisals
that the amount of the business exceeds the limits of the Judge's jurisdiction, without
issuing any resolution on the inventories, the records will be sent to the competent Judge,
preferring , where there are several, to the one chosen by the majority of the interested
parties" and "the declaration of heirs will only subsist if the relationship has been proven
in accordance with the general rules of proof of civil status, and the Judge will declare
directly and ex officio the insubsistence that may arise." (arts. 1465 and 1466)

V.- PRINCIPLE OF PROCEDURAL AVAILABILITY

5.1.- Establishing the promotion of the process as the duty of the judge and no
longer recognizing it as the power of the parties, is in no way ignoring the principle of
procedural availability.

5.2.- Procedural availability means:

 a.- That only the actor can promote the initiation of the process, nemo judex sine
actore.

b.- That the parties may or may not contribute, through evidence, knowledge
materials in the process; and

c.- That the parties have the power to conclude the process, before issuing the
final judgment.

5.2.1.- Perhaps it could be considered as an exception to the first rule derived

from the principle of procedural availability, the action of boasting that regulated the
Code of Civil Procedures of the State of Puebla, of 1917, as well as other legislation of the
States of the Republic, insofar as it could result in the defendant, due to boasting,
promoting a lawsuit, that is, making him forced by the result of that action; but the
Project does not deal with that action, because the current Code suppressed the relative
provisions of the 1917 Code.

5.2.2.- The Project respects the three situations of the parties, derived from the
procedural availability that we list in number. 5.2. Indeed:

a.- From articles 173, 199 and 299 it appears that action is the means of asserting
before the Courts, violated or unknown rights, that the actions will be exercised by their
owner or by their representative; and that the claim must express, among other
information, the object or objects being claimed and who is being sued. The actor is thus
the only one who will be able to initiate the trial.

b.- As far as evidence is concerned, the offering and rendering of evidence is

considered, as in current legislation, a burden on the parties; They can offer them or not,
regardless of the legal consequences that occur if one or both of them offer them and
surrender or if the offer or surrender is omitted. In any case, the parties have control over
the elements of knowledge in the process.

c.- Articles 290 and 291 authorize the parties to ask the Judge, by common
agreement, to extend the period of evidence or to conclude it, even if it has not expired. In
both cases, the Judge will resolve according to the request of the parties.

d.- Regarding withdrawal, this can be of the demand or of the action; It is

regulated in article 261, which provides that the withdrawal of the lawsuit does not
extinguish the action, but after the fact the summons requires the consent of the
defendant. Regarding the withdrawal of the action, the consent of the former is not
necessary, but if the summons had already been made, the plaintiff must pay the
expenses, costs and damages that have been caused to the defendant with the trial.

5.2.3.- The procedural availability is noted in other figures which are: a.- The
conciliation hearing that must be summoned by the Judge at the request of any of the
parties in property transactions (article 260) and ex officio in business related to family
matters (article 1107); b.- The arbitration trial, with legal arbitrators or with friendly
arbitrators (articles 878 to 958); c.- The conventional procedure (articles 1079 to 1093);
and d.- The transaction contract regulated by the Civil Code, by virtue of which the
parties can terminate a lawsuit already filed between them, or prevent a future one. The
effect of any of these figures is or can be the conclusion of a trial or the avoidance of it.

VI.- SIMPLIFICATION OF THE PROCEDURE

A.- GENERALITIES
 6.1.- For procedural economy, the Process must be carried out with the least
number of procedures until the resolution of the issues submitted to the judge, and the
Project preserves provisions of the 1956 Code, which already achieve that objective, and
establishes others with the same purpose. We list several of these below.

B.- EXHORTS

6.2.- It is proposed to replace the letters between judges of the State, with a simple
official letter from the Judge who is hearing the trial, to the place where the entrusted
diligence must be carried out. This is established in article 74 as a general rule, and is
repeated in the following articles and matters:

a.- Notifications, art. 53.

b.- Confessional evidence, art. 312.

c.- Testimonial evidence, art. 376.

d.- Declaration of parties, art. 404, section IX.

C.- OFFER OF PAYMENT

6.3.- In the Second Book, relating to various types of property judgments, the offer
of payment followed by consignment is regulated (articles 162 to 172).

6.3.1.- In the payment offer, if for any reason the debtor does not receive it, three
different situations may arise:

I.- That at the creditor's request it be declared that the payment was not properly
made; either

II.- That at the request of the debtor it is declared that the payment was properly
made; either

III.- That no statement be made about whether or not the payment was properly
made, because neither the creditor nor the debtor requested it.

6.3.2.- For the last of the assumptions referred to in the previous section, articles
171 and 172 section IV, inspired by the need to reduce the number of procedures and,
therefore, in procedural economy, provide that "when, because the disputes referred to in
articles 167 and 169 respectively have not arisen, it has not been resolved whether the
offer of payment and the consignment released the debtor from the obligation or not, the
latter may, in the trial in which the demands compliance, oppose that offer and
consignment as an exception and the Judge will approve or not these, declaring, in the
first case, the obligation extinguished."

6.3.3.- As an application of the rules discussed in the previous section, in the

eviction trial for non-payment of rent, article 732 of the Project establishes that "if the
response presents evidence of having made an offer to pay the income, followed by
consignment, the Judge:

"I.- The Trial will be terminated if, in addition to the offer of payment and the
consignment, the judicial authority that heard about them, declared the debtor released";
either
 " II.- It will determine in the sentence whether or not the offer and the
consignment were well made and, in the first case, the payment will be considered
verified."

D.- FOUNDING LEGAL TITLE OF THE ACTION

6.4.- The Code of Civil Procedures of the State of Puebla of 1956, established in its
article 503, that "the injured party due to lack of legal title has an action to demand that
the obligor extend the corresponding document, and may in the same lawsuit exercise the
action that corresponds according to the act whose title is claimed; but the sentence, if it
decides that the extension of the title is not appropriate, will be totally acquittal, and if it
is condemnatory as regards the two actions, it will not be executed with respect to the
second but once the requested title has been issued."

6.4.1.- The Project preserves this advanced provision of the Puebla Code currently
in force and its content is dealt with in articles 207 to 210 of the Project; But in the case
of rescission action, the lack of form does not prevent it, if the contract was totally or
partially fulfilled, and this is as provided in article 1949 of the Civil Code.

E.- EXCEPTIONS

6.5.- The dilatory and peremptory exceptions will be proposed at the same time in
the answer and will be ruled on in the final sentence (article 221).

6.5.1.- It is noted, by the Article transcribed in the previous paragraph, that the
Project preserves the distinction between dilatory exceptions, which are those that have
the "effect of preventing the ruling on the merits of the transaction" ( article 219-II) and
peremptory, which destroy the action (article 220).

6.5.2.- Article 455 provides that "when dilatory and peremptory objections have
been raised, the Judge will first examine the dilatory objections and if he deems them
appropriate, he will declare that they cannot be resolved on the merits of the matter"; but
that "if the dilatory exceptions are declared inadmissible, the Judge will issue the final
sentence that is appropriate."

6.5.3.- It is thus noted that the malicious or reckless filing of inadmissible or

unfounded dilatory objections will not delay the trial, as has traditionally been achieved.
Thus, one of the best provisions introduced in Puebla, in 1956, by the Code of Civil
Procedures of that year, is preserved.

6.5.4.- On the other hand, following the current Code, in Article 238 the Project
establishes that the Judge, "in the order in which he provides the claim, will previously
study his competence and the personality of the plaintiff." Thus, the claim will be
admitted if it is competent and the actor has personality, and the order issued in that
sense will be appealable in a complaint, "only in the part of it that resolves on competence
and personality." (article 239). All this tends to suppress articles of prior and special
pronouncement.

F.- OFFERING TESTS

6.6.- Under the rule of current legislation, it sometimes happens that the parties
offer their evidence in the last days of the evidentiary term, this being sufficient to delay
the sentence, since the offeror requests a new evidentiary term to vent them, and whose
duration is equal to half of that granted in the trial (article 146 of the 1956 Code).
 6.6.1.- To avoid these possible delays, the Project proposes, in its article 270, that
the tests must be offered within the first ten days of the ordinary term, "and that those
offered outside of those ten days will be discarded" . In this way, only exceptionally will
the evidentiary delay conclude, without having received the evidence offered.

G.- PROBATORY TERM

6.7.- The ordinary evidentiary term is forty days (article 269). The tests must be
offered within the first ten days (article 270), therefore, there are thirty days left for the
testing to be completed. The extraordinary term will be granted if tests have to be taken
outside the State and can be from sixty to one hundred and twenty days (articles 282 and
283); but all these terms "will conclude after the evidence that had to be revealed in them
is submitted, even if the days on which they appear have not elapsed" (article 287).

H.- CONFESSION

6.8.- Article 317 establishes that "the non-attendance of the articulator at the
diligence of positions does not prevent the receipt of proof of confession."

I.- COMPETITION

6.9.- In the competitive trial, articles 1024 and 1028 of the Project provide: "The
graduation sentence, regardless of the interest of the trial, is appealable" (article 1028);
but "if the bankruptcy funds are available, the appealing creditor can be paid in the place
in which it has been placed, in the same way as it would be in the one claiming, the
appeal will not be admitted."

J.- INHERITANCE REQUEST

6.10.- In the intestacy trial, in some cases the exercise of the inheritance petition
action in an ordinary trial is avoided, through an incident that does not suspend the
procedure but does suspend the partition.

6.10.1.- In effect, articles 1363 and 1364 of the Project say: "If someone who
claims to be an intestate heir presents himself after the declaration of heirs has been
made in accordance with article 1357, and before the partition is approved, he may
exercise , in the incidental way, the inheritance petition action" and this incident "does
not suspend the succession procedure; but it does suspend the partition, which can only
be projected and approved by executorily resolving said incident."

K.- INCIDENTS

6.12.- Incidents, as is known, are the issues that are promoted in a business and
that have an immediate relationship with the main trial.

6.12.1.- According to the Code of Civil Procedures of 1956, incidents are classified
into two classes: 1° those that hinder the course of the trial; and 2° those that do not
hinder its pursuit; The first ones will be processed in the same car part. The trial will be
suspended in the meantime and the seconds will be substantiated in a separate piece
(article 445).

6.12.2.- According to current legislation, there are incidents that suspend the trial
and that suspension can be prolonged, because the incidental sentence in some cases
allows appeal for both purposes.
 6.12.3.- The Project proposes that "incidents do not suspend the main trial
procedure" (article 633).

6.12.4.- According to Article 634 of the Project, incidents will be processed

separately; The term to respond to the complaint is three days; The evidence will be
offered in the complaint and in the answer; Once the claim has been answered or the
term of the answer has elapsed, the Judge will summon ex officio, for a non-deferrable
hearing that will take place within three days and in which the evidence offered and the
arguments presented by the parties in writing will be received. The Judge will resolve the
incident within five days following the hearing and the corresponding interlocutory is
appealable. The interlocutory will be executed in accordance with the relative provisions
of this Code.

6.12.5.- "The incident of accumulation does not suspend the substantiation of the
trials to which it refers; but if in one or both of them a sentence is summoned, before the
accumulation is resolved, the sentence will not be issued until it is enforceably deny the
accumulation."

6.12.6.- Regarding the incident of nullity of notifications, article 61 provides that it

will be processed like other incidents; but that "if before the incidental issue is resolved, it
is summoned for judgment in the main case, the procedure in this case will be
suspended, so that both issues are resolved in a single sentence and, if nullity is
declared, it will also be declared not to be the main one in a state of being resolved."

L.- RESOURCES

7.- Regarding the resources, only modifications are proposed to the complaint and
the appeal.

7.1.- Article 515 establishes that the admission of the complaint does not suspend
the procedure. The distinction between a complaint with or without suspension is thus
eliminated.

7.2.- In the appeal, an effort was made to simplify its processing as much as
possible in the Court that hears it. It is proposed that it proceed only against sentences. If
it is interlocutory, the appeal does not suspend the procedure. On the other hand, it
suspends it, when the appealed resolution is a final sentence (articles 481 and 482). With
these rules, incidents of poorly admitted appeal will be idle and that is why they were
suppressed.

7.2.1.- The appeal must be filed in writing before the Judge who pronounced the
sentence (article 483), but "in the document in which the appeal is filed, the appellant will
clearly explain the grievances that in his opinion the appealed sentence. Each grievance
will be expressed separately, indicating the fact that constitutes the violation, the legal
provisions violated and the concepts of violation; and the copies necessary for the transfer
will be accompanied" (article 484).

7.2.2.- The Judge will "transfer the document in which the appeal is filed to the
appellant's counterparty, so that they can answer it" (article 485).

7.2.3.- In the appeal document, the appellant must indicate the address to receive
the notifications that correspond to him in that appeal and the other parties will do the
same in the response to grievances (article 488).
 7.2.4.- When answering the grievances, the party that obtained can adhere to the
application (article 490) and the adhesion "can only deal with the operative point or points
of the appealed sentence, which have not been favorable to the adherent or about the
legal bases of the points that have been favorable" (article 492).

7.2.5.- The parties must offer in the written expression of grievances and in their
response, or in the adhesion, the evidence they intend to provide (articles 493 and 494).

7.2.6.- When the Court of Appeal receives the records, it will examine them and
declare ex officio whether the appealed resolution is appealable or not; whether the appeal
was filed in time; whether the appellant and, where appropriate, who joined the appeal,
expressed grievances and whether these meet the legal requirements (article 498).

7.2.7.- If the Court finds that the appealed resolution is appealable and that the
other legal requirements are met, it will appoint a day and time for the hearing, which will
be verified within the following fifteen days, in which the evidence that will be received will
be received. admit and the arguments of the parties, which must be written (article 503)
and "once the hearing is over, or, where appropriate, the incident of blemishes is
concluded, the Court will resolve the appeal within the following fifteen days..." (article
506)

7.2.8.- The denied appeal was deleted because if the inferior denies the processing
of the appeal, its resolution can be appealed as a complaint (article 459, section I).

7.2.9. The simplification of the procedure in this appeal is immediately noticeable.

M.- JUDGMENTS ON FAMILY ISSUES

8.- The simplification of the procedure is even more noticeable in trials on family
matters, since article 1107 establishes that "if a controversy arises in family matters, the
Judge will ensure that the parties reach an agreement, without harming the rights that
may be inalienable and, if an agreement is not obtained, it will be processed in
accordance with the provisions of this Code..."

8.1.- In substitution of consent to marry, the Judge will hear the interested parties
in a meeting in which he will receive the evidence and issue a resolution, drawing up a
single record with the proceedings.

8.1.1.- The minor who needs to obtain the consent of his ascendants or his
guardians to marry and is old enough to do so, may request that his obligation to live
with them or with his guardian be suspended, a suspension that will be will be granted or
not "after hearing the interested parties, including the ascendant or ascendants who deny
consent and, where appropriate, the guardian." (articles 1112 and 1113).

8.2.- In the authorization to the spouses required by articles 332 and 346 of the
Civil Code or in any other authorization required by law, the Judge will summon the
parties to a hearing in which they can prove that the act they intend to carry out is
convenient or necessary for the family and the Judge will decide whether to grant, deny or
condition the authorization (articles 1121 and 1122).

8.3.- In differences between spouses, article 1138 provides that upon receiving the
request of one of them, the Judge will summon both to a hearing in which he will hear
them and try to reach a settlement; and if he does not succeed, he will receive the
evidence they offer, in another hearing that will be held within the following eight days,
and within five days he will resolve what is most convenient following the guidelines
established by article 392 of the Civil Code.

8.4.- When the forced constitution of family assets is promoted in accordance with
Article 808 of the Civil Code, the Judge will summon the interested parties to a meeting in
which he will ensure that the food debtor agrees to voluntarily constitute that assets and
if he does not obtain this agreement, he will decree or deny the constitution of said assets,
as appropriate to the interests of the family in question, but he will first try to inform
himself, through the evidence offered by the interested parties or those he deems relevant,
of the need to constitute said assets. of family.

8.5.- Articles 1298 and 1299 refer to the trial for rectification of records of the Civil
State, which will be processed in an ordinary trial and, in addition to hearing the Judge of
the Civil Registry who authorized the record subject to rectification, will be cited to the
interested parties who are known and, by edicts, to those who have an interest in
contradicting the claim; but the forced review of the sentence was suppressed, since it is
no longer discussed, in accordance with Articles 930 to 937 of the Civil Code.

8.6.- Other aspects of trials on family matters are dealt with in numbers 17 to 20.

VII.- PRINCIPLE OF CONCENTRATION

9.- It can be seen, from what was stated in the previous numbers that, in addition
to the simplicity of the procedure, the principle of concentration was applied, as many
times as there was opportunity, since to avoid the suspension of the trial, the Project
proposes that the ruling that resolves the main issue as determined by the complaint and
the answer, and to prevent this resolution from being delayed, the ruling must also
address all other issues that are not the main one, but are related to it, directly or
indirectly. That is, the final sentence will resolve all the points disputed by the parties
during the trial.

VIII.- PROPOSED REFORMS

A.- GENERALITIES

10.- When a law is reformed, all those precepts that have satisfied the social
purpose that inspired them and that they can continue to achieve must be preserved; but
those that no longer satisfy that purpose must be abandoned and new ones created,
according to the current needs of society and the objectives pursued when making the
reform and which, in the case of a Code of Civil Procedures, are currently reduced to
obtaining justice. prompt and expeditious. For this reason, the provisions that over the
years have contributed to obtaining this justice were preserved in the Project, and others
are proposed that are estimated to contribute effectively to that end.

10.1.- In addition to the reforms set out in the previous points, the following are
proposed:

B.- PROHIBITION OF DELIVERING THE CARS TO THE PARTIES

10.2.- Article 26 establishes that for no reason will the files be delivered to the
parties nor may they remove them from the Court or Chamber, this provision also being
applicable to the Public Prosecutor's Office.

C.- NOTIFICATIONS
 10.3.- According to articles 42 and 43, the parties may authorize a capable person
to hear and receive notifications on their behalf; but when the authorization is granted to
a lawyer with a title registered in the Superior Court of Justice, the authorized person
may file appeals and promote incidents; offer or give evidence; plead and follow the trial
until the sentence is executed, without the authorization to receive notifications
conferring extrajudicial or domain powers. We believe that in this way legal professionals
will be able to provide their services better, since they will have to take greater care when
doing so. On the other hand, we have followed at this point the provisions of the
protection law.

10.3.1.- Article 57 prohibits stating in the reason for the notification that the
notified party "agrees." This will give security to the litigants.

10.3.2.- The incident of nullity of notifications follows the general rules applicable
to incidental issues and, therefore, does not suspend the procedure in the main one
(article 61).

D.- AUTHORIZATION TO THE SECRETARY TO RECEIVE EVIDENCE

10.4.- Regarding the dispatch of business, it is established that the Reporting

Magistrate or the Judge will receive the evidence under their responsibility, but may
entrust the Secretary with receiving it, or some of it, and presiding over the proceedings
for which are received. (Article 73). At this point, the Project follows the tradition that
allows the Judge to entrust the receipt of evidence to the Secretary; But if the Project is
approved, such delegation, as well as presiding over the proceedings with the
authorization of the Judge, will already have a legal basis. Between the principle of
mediation and immediacy, it was preferred to maintain the former in this matter.

E.- RECUSATION

10.5.- The challenge without cause may only be filed, according to article 100 of
the Project, within three days following the notification of the order: a) that orders the
opening of the ordinary or summary trial to evidence; b) to inform the parties of the filing
of the appeal; c) to make known the change in personnel of the Court or Chamber, if
applicable; or d) to inform in the complaint, the receipt of the report.

10.5.1.- In business dealings with family matters, if they should not be processed
in an ordinary or summary trial, or there is no evidentiary term in them and a day and
time is set for a hearing, in which evidence can also be offered and disseminated, The
parties may only challenge without cause, within three days following the indicated date;
but if the hearing is extended to complete the presentation of evidence, the three days
mentioned will begin to run the day after receipt of the evidence has been completed
(article 110 section II).

10.5.2.- With the provisions listed in the two previous paragraphs, the parties will
be prevented from maliciously suspending the procedure, and delaying the receipt of
evidence, through a challenge without cause.

F.- ACTIONS

11.- The Third Chapter of the same Second Book is dedicated to actions and in its
first section defines the action (article 173) and orders that when an action is exercised,
the benefit required of the defendant, the title or cause of action and the applicable legal
provision (article 174).
 11.1.- Article 177 establishes that by exercising the action it may be pursued: 1)
that the defendant be ordered to perform a certain benefit; 2) that the existence or non-
existence of a legitimately protected interest or of a fact, act or legal relationship or the
authenticity or falsity of a document is declared; 3) the constitution, modification or
extinction of a state or legal situation and 4) the application of legal norms whose purpose
is: a) to defend any factual or legal situation favorable to the actor; b) repair the damage
suffered or the probable risk of one's own or another's property that one is obliged to
safeguard; or c) retain or restore possession of a specific asset or assets. In other words,
these are actions that the doctrine calls declarative (article 193), constitutive (article 194),
condemnation (articles 187 to 192) and order.

11.2. Article 177 of the Project classifies actions as 1) real; 2) personal; and 3)
Civil Status (article 178) which are defined respectively by articles 179, 181 and 183.

11.3.- The classification of actions into real and personal has its origin in Roman
Law and there are authors, among them Niceto Alcala-Zamora y Castillo, for whom this
Romanist conception has been surpassed since ancient times "to respond to the
mechanics of process today with very different features from those it had in the Rome of
the ordo judiciorum privatorum"; This eminent author says that works of contemporary
procedural law, although they are not very recent, "do not speak at all about real and
personal actions, movable or real estate, etc., or if they do, it is for the purpose of
historical evocation and to extend the death certificate", which "only authors with a
conservative spirit (the case, very respectable in Mexico, of D. Eduardo Pallares) or who
are unaware of the new trends, continue clinging to a trajectory that from the procedural
point of view must be considered liquidated;" that "the doctrine of action is currently
moving along ... diverse paths...: a ) by classifying it according to a course that is
considered procedural, into declarative, constitutive and condemnation or benefit...; b) in
considering that action is, strictly speaking, a single concept...".

11.3.1.- We, however, believe that both classifications can subsist together and be
enshrined in the same Code, with great advantages, since the Romanist criterion is based
on the law that tries to be enforced before the Courts, while the modern theory It takes
into consideration, above all, the sentence, which in turn can be declarative, constitutive,
condemning or mandating. The organization of actions into real and personal ones bases
the classification made of the trials, taking into account the controversial rights, which in
turn allows regulating the elements of the action exercised in them, to obtain a sentence,
which can be declarative, modifying, constitutive or condemning. We believe that the
Roman classification has not passed into history and that, on the contrary, the modern
classification complements it.

G.- COMPUTATIONAL SYSTEMS AS TESTS

12.- According to Articles 405 to 409, "to prove the facts or circumstances that are
related to the issue being discussed, the parties may present photographs, audio or
cinematographic tapes or other means of reproduction, as well as fingerprint records,
stenographic notes and computer systems;" but "the Judge, according to his prudent
discretion, will admit or deny the evidence" (article 406).

12.1.- "In the event that special technical knowledge is needed, for the
appreciation of the means of proof" mentioned above, the "Judge may be assisted by a
technical advisor, who will be designated in the manner provided for the expert evidence"
(article 409) and the party offering the evidence "shall provide the Court with the
necessary devices or elements so that the value of the records can be appreciated and the
sounds and figures reproduced" (article 406).
 12.2.- It is proposed, in Article 433, that the evidence referred to in article 405
(number 14 above) "will be qualified by the Judge in accordance with the rules of logic
and experience."

H.- PROTECTIVE PROVISIONS OF THE DEBTOR IN THE EVENT OF AUCTION

13.- Two rules are proposed in favor of the debtor to whom one or more assets are
auctioned.

13.1.- According to the current Code (article 420), before the ten-day period
established by law for bids and positions begins to run, the debtor can release his assets,
paying in full the amount of his responsibilities.

13.2.- Article 615 of the Project says that "the debtor can release his assets by
fully paying the amount of his responsibilities before the auction is held." That is, the
period during which the debtor has the opportunity to pay his debt and release his assets
is increased.

13.3.- The second rule is found in article 616, section V, according to which "the
order that declared the auction final will be without effect, and the auctioned property will
be free of seizure, if the defendant debtor, before signing the award deed pays: a) to the
claimant creditor the full amount of the amounts to which the same debtor was
condemned; b) by way of compensation to the bidder in whose favor the award was
approved, ten percent of the amount of its bid; and c) the expenses caused by the deed
that did not pass." This provision is the counterpart to that contained in section III of
article 616, according to which "if the person in whose favor the auction was made does
not display the price within the established period nor does he present himself to the
notary's office, agreeing to the granting of the deed, the order that declared the auction
final will be void, and the bidder must pay the bidder, by way of compensation, ten
percent of the amount of his bid.

I.- MISCELLANEOUS PATRIMONIAL TRIAL

14.- In the Third Book, the different trials are regulated, according to their form,
ordinary, executive and summary: and according to their object, in eviction trials, on real
rights, usucapion, possessory rights and on civil liability.

14.1.- The ordinary trial deals with disputes that do not have special processing
indicated in this Code (articles 689 and 690).

14.2.- Articles 691 to 728 deal with the executive judgment.

14.3.- Summary judgment is regulated by articles 875 to 877; It proceeds in the

cases listed in the first six sections of article 875 and when provided by the Law (section
VI of the same article).

14.4.- The eviction trial may be filed for non-payment of rent (articles 729 to 738),
or for rescission or termination of the lease contract (articles 739 to 746).

14.5. In trials on real rights, in addition to the general rules, we find demarcation
trials (articles 752 to 766), confessional and denial actions (articles 767 to 783), and
cancellation of liens due to prescription (articles 784 and 785). , cancellation of the
registration of embargoes (articles 786), usucapion (articles 787 to 793) and reclamation
(articles 794 to 801).
 14.6.- Possession trials are regulated in six sections. General rules on injunctions
(Articles 802 to 809), injunction to retain possession (Articles 810 to 815), injunction to
recover possession (Articles 816 to 820), injunction for new works (Articles 821 to 833),
injunction for dangerous works (articles 834 to 842) and plenary possession trial (articles
843 to 852).

14.7.- Judgments on civil liability arising from a crime (articles 853 to 873) and
from non-criminal illicit acts and legal acts (articles 870 to 877).

14.8.- The arbitration trial is regulated in articles 878 to 958.

14.9.- Articles 959 to 1078 deal with bankruptcy proceedings.

14.10.- Articles 1079 to 1093 regulate the conventional procedure; and

14.11.- The procedure in small claims trials is governed by articles 1094 to 1101.

J.- PROTECTIVE PROVISIONS OF THE FOOD CREDITOR

15.- In the maintenance trial covered by articles 1142 to 1155, two rules are
proposed, among others, that tend to achieve justice by protecting the maintenance
creditor.

15.1.- The first of the rules to which we have just referred establishes that if the
debtor does not verify the payment of alimony, "enough assets will be seized to cover the
amount of those due and to guarantee subsequent ones" and that "this seizure does not
require the granting of bond or other guarantee by the creditor" (article 1150, section II).

15.2.- The second of these rules provides that due to non-payment of alimony, the
seized assets will be auctioned (article 1150, section II).

15.3.- In the case assumed in the two previous paragraphs: a) "if the seizure and
auction has as its object real estate, the Judge, at the request of the creditor or ex officio,
will promptly order the Public Property Registrar to register the seizure, and to send the
lien certificate...": "and to the Director of the Official Newspaper who publishes the
necessary edict(s)" (article 1150, section III); b) "the Public Registrar of Property and the
Director of the Official Newspaper respectively will comply without delay with the
provisions of the previous section, and will inform you about the amount of the
registration, the certificate of liens and the publication of the edict(s)" . c) "The Judge,
once he has received the proof of having registered the embargo, the certificate of liens
and the copy of the Official Newspaper in which the publication was made, will send the
account of those rights to the corresponding Tax Office, so that collect it from the food
debtor in the economic coercive way" (article 1150, section V).

15.4.- With these provisions, article 12, section I of the Political Constitution of
the State of Puebla applies, which orders that the laws of the State will deal with the
protection, security, stability and improvement of the family in its various manifestations.

K.- GRIEVANCES IN THE APPEAL

16. In the appeal, Article 508 establishes that the second instance ruling will only
take into consideration the grievances expressed; but 509 imposes on the Court the duty
to make up for the lack of grievances or the deficiency of those expressed: I.- When the
trial concerns family rights; and II.- When at least one minor intervenes as a party, if due
to the lack of this substitution, his or her marital status or assets could be affected.
 16.1.- This provision also tries to provide the protection that the laws must give to
the family, in accordance with the Political Constitution of the State.

IX.- TRIAL AND PROCEDURES ON FAMILY MATTERS

A.- GENERALITIES

17.- In procedures on family matters, other rules are given to make the
aforementioned constitutional protection effective. These rules are:

a) These procedures are of public order (article 1102).

b) The petition to request the intervention of the Judge, in family matters, does not
require formalities (Article 1104).

c) The Judge will have broad powers to investigate the real truth and may order
the receipt of any evidence, even if it is not offered by the parties (article 1105).

d) If the Judge notices that the parties do not promote legally, he must inform
them of their rights in family matters, and of the procedures to defend them (article
1108).

e) The admission of facts by the parties and their acquiescence only bind the
Judge, when the rights of minors are not violated.

B.- JUDGMENTS ON FILIATION

18.- In filiation trials we find those relating to actions to contradict paternity or to

investigate it, and with respect to them, the following rules for the protection of the child
are established, among others:

a.- No counterclaim will be admitted (article 1159, section I);

b.- The Judge may take into account facts not alleged by the parties and order ex
officio the reception of evidence (article 1159, section II).

c.- The Judge may admit, with a contrary summons, allegations and evidence from
the parties, even if they are presented out of time (article 1159, section IV).

d.- The acquittal of the claim does not bind the Judge, when the action is a
contradiction of paternity and the trial must be opened to evidence for the entire term of
the law (article 1160).

e.- In the case of actions to investigate maternity or paternity, the acquittal of the
claim binds the Judge, concludes the controversy and determines that a sentence be
issued and that filiation be declared (article 1161); and

f.- The Public Ministry may only present evidence that tends to demonstrate the
action, in the case of investigation of maternity or paternity; or that are contrary to the
actor in the case of the action of ignorance of paternity (article 1162).

c. STATE OF INTERDICTION
 19.- In the case of a state of interdiction, a problem arises regarding the freedom
of the subject to it, a problem that has not been foreseen until today in our legislation and
with respect to which we propose several provisions. People affected in their mental
faculties or who are presumed to have this condition, are hospitalized, without their
consent, by order of the doctor who treats them, in a health home or a sanatorium. It is
about supervising the legality and necessity of this detention and its duration. To this
end, the following provisions are proposed:

a.- When a doctor orders a person who he considers mentally ill to be admitted to
a hospital or sanatorium, he must, under his responsibility, inform the Public Ministry,
within the following twenty-four hours, indicating the name of the patient, the name of
the institution of in question and its address (article 1201).

b.- The Director of the hospitals or sanatoriums must inform the Public Ministry of
the people they receive as mentally ill for treatment or observation and "this notice will be
given under the responsibility of the aforementioned director, within the following twenty-
four hours. to the reception of the sick person", (article 1202).

19.1.- One of the provisions that will provide the greatest guarantee of security to
the interned person is article 1203, which orders that the Public Ministry, (within twenty-
four hours following receipt of the notices that must be given by the doctor who cares for
the alleged patient and the director of the hospital or sanatorium in which he is
admitted)... "will promote the corresponding interdiction trial, acting as plaintiff and
seeking to obtain all necessary data."

19.2.- However, it is not enough to provide the timely reports on the internment
that the doctor who orders it and the director of the hospital or sanatorium that receives
the patient must give to the Public Prosecutor's Office. It is necessary that the Judicial
authority be informed of the patient's condition during the duration of the hospitalization.
For this reason, article 1254 establishes: "Doctors who care for a mentally ill person,
admitted to a hospital or sanatorium, and the directors or those responsible for them,
must report quarterly to the Judge who is aware of the interdiction of the former, of the
patient's condition. and the details of the treatment.

19.3.- To ensure as far as possible that the hospitalization of the sick is legal, and
that no one who does not need this treatment is hospitalized, several provisions are
proposed, one of which penalizes the lack of reports from doctors. In effect, article 1205
provides that "doctors and directors or managers of hospitals or sanatoriums who do not
comply with the provisions of articles 1201, 1202 and 1204 will be sanctioned for each
report they omit, with a fine of thirty days." minimum wage regardless of the civil liability
incurred" and that "the fines referred to in this provision will be imposed ex officio by the
Judge, as soon as the omission is noticed."

19.4.- "While the interdiction lasts, says article 1206, the Judge will repeat the
recognition of the incapacitated person as many times as he deems appropriate or when
requested by the persons mentioned in sections II and III, of article 46 of the Civil Code." .

19.5.- According to article 1208, "at any time after the resolution referred to in
article 1190 has been issued, if the Judge becomes convinced that the person whose
interdiction was requested is in use of his mental faculties, may authorize her to leave the
hospital or sanatorium in which she is admitted, and the resolution that denies or grants
that authorization may be appealed in a complaint.

19.6.- "In all judicial proceedings or proceedings related to the interdiction, the
presumed incapacitated person will be heard and, before or after the interdiction, may
promote what he deems appropriate for his rights and file appeals, without the need for
the guardian to intervene." (article 1211).

19.7.- The procedural resolutions related to the interdiction, whether procedural

or definitive, are included in the protective measures of the incapable and article 46 of the
Civil Code is applicable to them" (Article 1213).

D.- EXTEMPORAINE REGISTRATION, IN THE CIVIL REGISTRY, OF THE

BIRTH

20.- The Civil Code, in its articles 856, 872 and 875, sections I and II, provides:

"Article 856.- Birth declarations will be made within one hundred and eighty days
following the birth.

Article 872.- The birth verified during a land trip may be registered where it occurs
or at the family home; In the first case, a copy of the record will be sent to the Judge of
the Civil Status Registry of that address if the father or mother requests it, and in the
second, the time indicated in article 856, plus thirty, will be taken to make the
registration. days.

Article 875.- If the birth was not registered within the deadlines established in
articles 856 and 872, the following provisions will apply:

I.- Before the minor turns seven years of age, the Judge of the Civil Status Registry
will authorize the registration of his birth, and will impose a fine of up to one day of
minimum wage on whoever declares this.

II.- The birth registration of a person who is more than seven years of age may
only be authorized by the Judge of the Civil Status Registry, when ordered by an
enforceable sentence of a Family Judge."

The purpose of this last provision is to ensure that the person whose birth is
registered after having turned seven years old was actually born within the territory of the
State.

20.1.- Articles 1300 to 1308 of the Project propose a regulation of a procedure for
the registration of the birth of a person over seven years of age.

20.2.- Authorization for registration will first be promoted before the Family Court
Judge of the place where the birth took place.

20.2.1.- With the request, the Public Ministry, the Judge of the corresponding
Civil Status Registry and the people who have an interest in that registration will be seen,
"for which an extract of the promotion will be posted in an easily visible place on the
Family Court, and the Civil Status Registry Office", this extract must remain in that place
for nine days (articles 1302 and 1303).

20.2.2.- Once the publication period has elapsed, the Judge will summon a
hearing within the following three days "in which the promoter must offer and render
evidence to demonstrate that the person whose registration is in question was born in the
place and day indicated in its promotion (article 1304).

20.2.3.- If there is opposition and evidence is offered, this will be discussed in the
hearing referred to in the previous point" (article 1305).
 20.2.4.- Once the evidence has been resolved, the Judge will authorize the
registration, if the birth of the person whose registration is requested to be authorized and
the identity of this person with the person born on the indicated day and time has been
proven; and that if there was opposition, the underlying facts of that opposition have not
been proven (article 1306).

20.2.5.- "Once the sentence authorizing the registration has been executed, it will
be communicated to the Judge of the Civil Status Registry so that he can proceed to draw
up the corresponding record" (article 1307).

20.2.6.- Article 1308 refers to the effects of that sentence against people who do
not intervene in the trial, whether or not they have been prevented from appearing in it.

20.3.- As can be seen, a very simple adversarial procedure is proposed that

satisfies the objectives pursued by the relative provisions of the Civil Code. Perhaps it is
convenient, in the case of single mothers, people with little education or few resources,
that the public defender will be in charge of these procedures, or that if they refer to
schoolchildren, the Judge will carry them out ex officio as soon as he is notified of the the
situation the school authority. This opinion remains as a suggestion for the Legislator.

X.- SENTENCES

21.- According to article 454, "the first instance ruling will deal exclusively with
the deduced actions and opposing exceptions", but in trials and procedures on family
matters, "the Judge will make up for the deficiency of the parties, when otherwise Doing
so does not satisfy the purpose of article 293 of the Civil Code", which establishes that
"family affairs will be resolved preferably taking into account the interest of minors or
incapable adults, if there are any in the family in question, otherwise it will be attended
to; to the interest of the family itself and finally that of the capable adults who are part of
it".

21.1.- In accordance with the aforementioned article 454, section III of 457
establishes that in the sentence, under the word "considering", the Judge "will express
clearly and concisely, in numbered paragraphs, the legal points that he deems
appropriate and the citations of laws, jurisprudence, general principles or doctrines that
he deems applicable; but the Judge may not support the sentence on theories or
doctrines that do not refer to the actions exercised or the opposing exceptions."

21.2.- "The second instance ruling, says article 508, will only take into
consideration the grievances expressed" ...but the Court must make up for the lack of
grievances or the deficiency of those expressed: I.- When the trial is based on family
rights; and II.- When at least one minor intervenes, if due to the lack of this substitution,
his or her marital status or assets could be affected."

21.2.1.- Like section III of article 454 regarding the first instance ruling, 508
provides that the second instance ruling cannot be "based on theories or doctrines that
have not been proposed in the grievances." and in his response, nor cited in the appealed
sentence".

21.3.- The prohibition established in articles 457 section III and 508, with respect
to the sentences of the First Instance Judge or the Court of Appeal, from being based on
theories or doctrines that have not been invoked by the parties or by the inferior, Its
objective is to respect the constitutional guarantee of hearing and the procedural
principles of adversarial proceedings and equality.
 21.4.- On almost all procedural issues, there are diverse opinions in the doctrine.
A question of law is resolved in different ways depending on the author and the school he
or she follows, and sometimes the concepts multiply, making their application difficult. As
an example we can refer to procedural budgets.

21.4.1.- Eduardo Pallares says that "not all jurists understand procedural
assumptions in the same way, which is a cause of ignorance and confusion in this
Matter"; that "from a logical point of view, the procedural assumptions are the
assumptions without which a process cannot be initiated or validly carried out" and that
"the following definition can be given to them: requirements without which it cannot be
initiated or processed with legal effectiveness a process".

21.4.2 .- Master Pallares in the aforementioned work examines the doctrines of

Chiovenda, Carnelutti and Guasp.

Chiovenda divides the procedural budgets into:

Budgets common to all trials.

Special budgets for some trials.

Budgets that the Judge must examine ex officio; and

Budgets in which the instance of a party is necessary to decide on them.

The assumptions common to all trials are: a.- The claim; b.- The competition; c.-
The procedural capacity of the parties; and d.- The procedural interest.

Some of the special budgets are:

a.- The existence of an executive title, if the process is executive; b.- The existence
of a mortgage title; c.- The will in testamentary trials; d.- The marriage certificate in the
divorce trial.

The procedural assumptions whose lack results in the nullity of the process must
be examined ex officio.

Only those procedural assumptions whose lack does not produce the nullity of the
process should be examined at the request of a party.

For Carnelutti the word "budget" is used in various senses and if we say
"procedural budgets", we refer to the "constitutive facts" of the process. According to this
author's doctrine, the "budget" is an event "distinct from the procedural act and prior to
it, on which its effectiveness depends in whole or in part"; It is "something different from
the procedural act to which it refers, and is not identified with all or some of its elements"
and "there are assumptions that derive directly from the law and others that have their
origin in the will of individuals."

In this theory, its author states, among others, the following assumptions:

The initial demand, budget of the sentence of each act of the knowledge process.
 The various requests or petitions that the parties make during the process,
presuppose the resolutions that fall to them, regardless of the fact that sometimes the
Judge may proceed ex officio.

The title and executive claim regarding the executive judgment.

The knowledge process in the execution process.

"Presuppositions of the initial claim are the assistance of the guardian of the
emancipated minor or the authorization that in some cases requires the law to promote
the trial."

Guasp says that "budget is the circumstance or set of circumstances that must
occur in an act, so that it produces all and only the effects for which it is normally
intended."

There are budgets that are classified according to their extension or intensity. To
establish which assumptions the law admits, we must attend to the three essential
elements of every act, which are subject, object and modification of the reality existing
before the act or strict activity. Thus the various budgets are, according to this author:

1.- Jurisdiction; 2.- Competition; 3.- Procedural capacity; 4.- Legitimation; 5.-
Power of application; 6.- Requirements to be a witness; 7.- Requirement to be an expert;
8.- Requirement to be a referee; 9.- Valid will; 10.- Serious will to carry out the procedural
act; 11.- Concordance between the declared will and the real will; 12.- Will not vitiated by
violence, error or fraud; 13.- Unsimulated will; 14.- Legal cause; 15- Place and time in
which the procedural act must be carried out; 16.- Conditions relating to the reception of
the procedural act; 17.- Objects on which the procedural act may fall; 18.- Attachable and
non-attachable assets, etc.

21.4.3.- As noted, the doctrine multiplies the number of so-called "procedural

budgets", distinguishing them into: a).- budgets of the process; b).- of the action, c).- of
the claim, d).- of validity of the process; e).- of a favorable ruling, etc. and in each of these
classes the number of budgets varies from one author to another, holding different
opinions on whether or not they should be studied ex officio, which increases the
uncertainty inherent in every process.

21.4.4.- Article 14 of the Constitution establishes the guarantee of prior hearing.

a.- During the trial, whatever its nature, none of the parties should be left without
defense;

b.- The actor, when formulating his claim, knows what action or actions he is
exercising and also knows, or at least he should know. What theories do the various
authors hold about those actions?

c.- The same thing happens with the defendant, with respect to the opposite
exception or exceptions.

d.- The situation of the appellant and the appellee is the same with respect to the
grievances and their response.

e.- The ruling is a declaration of the will of the State, issued by the jurisdictional
body, regarding the controversy submitted to its decision.
 f.- After the judicial body orders the records to be heard to resolve the matter, it
dictates the sentence, that is, it issues the declaration of will of the State, without
intervention of the parties, who were previously heard in defense regarding the assertions
and arguments of each one.

g.- The parties no longer have the opportunity to defend themselves against the
application of a theory that does not refer to the action or exception exercised and
opposed, respectively, or that has not been invoked or fought by one or both of them, in
the complaint or in the answer or in the grievances and their answer;

h.- Doctrine is not a source of law;

i.- Their ignorance of the doctrine cannot be detrimental to the parties.

Consequently, a first instance ruling based on doctrines or theories that do not

refer to the deduced actions, or to the opposite exceptions, is unconstitutional, as it
leaves the party who is harmed without defense; and an appeal ruling that deals with
doctrinal or theoretical issues, or that is based on theories or doctrines that have not
been proposed by the parties in the grievances or in their response, is also
unconstitutional.

21.4.5.- The reasoning set out in the previous issue is applicable, among others,
to the various theories on "legitimation", whose ex officio application in the sentence we
consider unconstitutional, regardless of the other terminology problems it causes.
Eduardo Pallares says very correctly: "I don't understand why jurists of the stature of
Chiovenda and Calamandrei use torturous language to explain things that are ultimately
very simple..." For Pietro Recsigno, professor at the University of Bologna, the notion of
legitimation causes obvious language complications; it is not univocal; sometimes it
means power to act; other power to dispose; others more capacity in order to a particular
relationship with a certain subject; and sometimes, finally, it only indicates the limit that
the legal activity of individuals encounters due to the very fact that it is an explanation of
autonomy, that is, the power to regulate and exclusively compromise one's own interests,
and this variety of meanings makes it very difficult and of dubious convenience, any
attempt at systematization.

21.4.6.- On the other hand, given the obscurity of the language of the theorists of
Procedural Law, one surprises and admires the great clarity and culture of the
jurisconsult Lic. Fernando de Jesús Corona, author of the Code of Procedures of the State
of Veracruz, which came into force on May 5, 1869. It simply says in it:

"Article 17.- Trial is the discussion that the litigants follow in the order established
by law, before a legitimate Judge to decide the dispute or cause of his knowledge.

Article 18.- There cannot be a civil trial when there is no plaintiff or party who
requests, a defendant or party against whom it is requested and a Judge who decides the
issue or issues that arise between them.

21.5.- Except for what is stated in the previous paragraphs (21.1, 21.2.1 and
relatives), the Project, in its article 457, section III, preserves, almost with the same
words, the wording of article 286, section III of Code 810 current. Both precepts say that
the Judge in the sentence, under the word "Considering" will clearly and concisely record
(or express), in numbered paragraphs, the legal points that he deems appropriate and the
citations of laws, jurisprudence, general principles, or doctrines that he deems
appropriate. applicable.
 21.5.1.- This complies with the provisions of articles 14 and 16 of the
Constitution. The sentence, in civil trials, must be based on the letter or legal
interpretation of the applicable law and, failing this, on the general principles of law. The
commandments of authority must be founded and motivated, so that they can affect
someone in their person, family, home, papers or possessions.

21.5.2.- The Judge must, if applying the general principles of law, take into
consideration the provisions of articles 23 and 24 of the Civil Code. These articles provide,
the first that to apply the general principles of law, it is necessary that "a judicial
controversy cannot be decided, neither by the text nor by the natural meaning or purpose
of the law; the second of these articles provides that when There is a conflict of rights, in
the absence of applicable law, the controversy will be decided in favor of the one who tries
to avoid damages and not the one who intends to obtain profits, but if the position of the
parties is not equal, because one of them is notoriously backward; intellectual or manifest
poverty, the conflict will be decided in its favor if it is between equal rights or of the same
kind; and only when the position of the parties is the same will the conflict be resolved
observing the greatest possible equality between them. These provisions apply the
principle, according to which the legal and judicial protection of people of notorious
intellectual backwardness or manifest poverty is a matter of public order, compared to
those who are in the opposite situation (article 26).

21.5.3.- With the limits established by articles 23, 24 and 26 of the Civil Code, the
Judge, in the absence of express Law, has absolute freedom to determine these principles,
based on doctrine, since depending on the time, the author or philosophical schools, the
general integrating principles of the Law are: 1) those derived from Roman law: 2) those
derived from Spanish law that governed our country during the Colony; 3) those coming
from Mexican and Puebla legislation prior to the current one; 4) those derived from the
legislation in force at the time of ruling; 5) those postulated by natural law in its various
presentations (pagan, Catholic or Protestant Christian, atheist, immutable or variable
content), 6) value judgments; 7) those resulting from free scientific research; 8) the rule
that the Judge would have dictated if he were a legislator and provided for the case, as
established by the Swiss Civil Code; 9) jurisprudence; 10) comparative law; and 11) social
law, whose influence we consider decisive in all branches of law, since we do not accept
that social law is limited to labor, agricultural and social security law.

21.6.- According to section III of article 457, the Judge can also, with absolute
freedom, base his sentence on the doctrines he deems applicable, with the limitation that
we have already referred to in points 21.1 to 21.4.6.

21.7.- According to article 443, the offer, reception and evaluation of evidence will
be done ensuring that the real truth prevails over the formal truth and the traditional
system of "legal evidence" that is, evidentiary means is preserved in the Project. whose
demonstrative value of a fact is established by the law itself, and only in the case of
evidence composed of technical, scientific and computational systems, as we already
explained in number 12.2, its qualification is left to the Judge, who must do it according
to the rules of the logic and experience.

XI.- REPRESENTATION OF HEIRS AND LEGATARIES NOT PRESENT IN

TESTAMENTARY TRIAL

22.- The current Code establishes that when a testamentary process is promoted,
the interested parties will be summoned to a meeting and that "the Public Ministry will
also be summoned to represent the heirs and legatees whose whereabouts are unknown
and those who have been summoned personally." , because their address is known, as
long as they appear;" that "this representation will cease as soon as they appear." (articles
848 and 849).

22.1.- Articles 1343 to 1346 are proposed in the Project, which tend to make this
representation effective.

22.1.1.- Article 1343 establishes the aforementioned representation as does article

848 of the current Code; but it concludes by providing that "this representation will only
exist and take effect when the Public Prosecutor's Office acts expressly stating that it does
so on behalf of and for the benefit of the heirs not present, whose names it will express in
detail." In this way, non-present heirs are protected, since a passive attitude of the Public
Ministry would be enough for the resolutions issued in the will to be detrimental to them,
since even if they were not present, they would be represented in it by the Public Ministry.
With the provision of the Project this will not happen, since the Public Ministry must
express the names of the people for whom it appears and those it represents, which is
confirmed with article 1345 of the Project, according to which "the actions in the
succession trial do not "can cause harm to the heirs referred to in Article 1343, if the
Public Ministry does not state for each case that it accepts their representation and acts
in defense of their interests."

22.1.2.- Article 1344 follows the same rule of the current Code. This
representation "ceases when the heir or heirs in question appear."

22.2.- To finish this point we refer to the provisions of article 1346 of the Project,
which establishes the responsibility of the Public Ministry for the damages and losses
caused, "if it accepts the representation" indicated and acts negligently in compliance
with the duties that it imposes."

XII.- LEGISLATIVE SOURCES

23.- The Commission drafting this Project consulted the Codes that have been in
force in the State of Puebla, mainly the Béistigui Code.

23.1.- We also had in view the current Codes of the other Federal Entities, such as
that of Guanajuato, due to the teacher Adolfo Maldonado, and repealed ones, such as the
magnificent Corona Code, which is that of Veracruz to which we refer in number 21.4 .6.

23.2.- Our country has now been independent for more than a century and a half;
and the civil and procedural legislation, both of the Federal District and of the other
Federal Entities, is also more than one hundred years old. The guidelines of Roman,
Spanish and French law, received by that legislation, are now part of our law; and we
believe that this influence is enough and that the reform of our laws can proceed along its
own paths.

23.3.- We do not resort to the Type Code projects, because in them the way of
being of the provincial Mexican is unknown; and we are a people to whom we are united
by nationality, by common origin, but we have different characteristics from one State of
the Republic to another and a Code of that nature would impose a limitation on us that
we do not deserve. On the other hand, in each State, there are always legislative
advances, which would not be possible with a single Code.

XIII.- DOCTRINAL SOURCES

24.- There are egregious proceduralists in our country, whose opinions we have
taken into account; But we have also consulted the teachers of past years; But we have
always preferred those who present Mexican law, since we continue to believe that our
country already has and should have its own legal doctrine. Among the works from which
we have received the most benefit are those of Master Cipriano Gómez Lara, whom we
thank for his teachings.

XIV.- FINAL WORDS

25.- We can only say that we have put all our best will into the formation of this
Project; If its result is not what was expected, we ask the reader to judge us not by this
result, but by the intention that inspired it. We hope to have contributed something, so
that future generations of our State have better justice.
Heroica Puebla de Zaragoza, August 15, 1986.

LIC. JOSE M. CAJICA CAMACHO

DIRECTOR OF THE "STUDY UNIT
AND LEGISLATIVE PROJECTS"
The Drafting Commission of the Project of the Code of Civil Procedures for the State L.
and S. of Puebla was made up of the attorneys: BENJAMIN DEL CALLEJO BANDALA,
LEON DUMIT ESPINAL, SERGIO R. FLORES OLLIVIER, GUSTAVO HERNANDEZ
SARMIENTO, ANTONIO MARTINEZ ALVAREZ and ALVARO ZAMBRANO VAZQUEZ and
was chaired by Lic. JOSE M. CAJICA CAMACHO.

GUILLERMO JIMENEZ MORALES, Constitutional Governor of the Free and

Sovereign State of Puebla, to the inhabitants of the same know:

That by the Secretariat of H. Congress has addressed me the following:

THE HONORABLE FORTY-NINTH CONSTITUTIONAL CONGRESS OF THE

FREE AND SOVEREIGN STATE OF PUEBLA ,

CONSIDERING:

That by official letter number 02999 dated August 13, 1986, Citizen Guillermo
Jiménez Morales, Governor of the State, submitted to the consideration of this Honorable
Collegiate Body the Initiative of the CODE OF CIVIL PROCEDURES FOR THE FREE AND
SOVEREIGN STATE OF PUEBLA.

That to comply with what is established in Articles 64 section I of the Political

Constitution of the State: 99, 105 and 141 section VI of the Organic and Regulatory Law
of the Legislative Power, the Reference Initiative was transferred to the Commission of the
Interior, Legislation, Constitutional Points, Justice and Elections, which in a Public
Session held on this day presented its Opinion that was approved in favor of the same
Initiative

That the requirements of Articles 57 section I, 63 section I, 79 section VI of the

Local Political Constitution are also satisfied; 1º 183, 184 and 185 of the Organic and
Regulatory Law of the Legislative Power,

DECREES:

CODE OF CIVIL PROCEDURES FOR

THE FREE AND SOVEREIGN STATE OF PUEBLA

FIRST BOOK

GENERAL RULES

FIRST CHAPTER

PARTIES IN JUDICIAL PROCEEDINGS

Article 1.- The Civil procedure aims for the judicial authority to declare or
establish a right or impose a sentence.

Article 2.- The voluntary jurisdiction procedure aims to intervene by the Judicial
authority in matters in which the law authorizes such intervention.

Article 3.- Persons who have an interest in the object of these procedures or a
contrary interest may initiate the procedures referred to in the previous articles, or
intervene in them, by themselves or through their representatives.
 Article 4.- When the interest referred to in the previous article has been
transferred to another person, the person who transmitted his or her right will cease to be
a party and the acquirer of the right will be a party.

Article 5.- When an incapacitated person who lacks a representative has the
interest referred to in article 3, the Public Ministry will be notified to promote what
corresponds.

Article 6.- To be admitted to trial, an unofficial manager must guarantee that the
owner of the business will bear what he or she does and, if not, that the manager will
compensate for any damages caused by his or her management.

Article 7.- If several actors exercise the same action in a lawsuit, or several
defendants deny the action or raise the same exception, the following provisions will
apply:

I.- The actors must have a single common representative;

II.- The common representative of the actors will be named by them in the first
document;

III.- The defendants must have a single common representative;

IV.- The appointment of the common representative of the defendants will be made
by:

a).- In the response to the claim if they all do it in the same writing.

b).- Within three days following notification of the order that declares the claim
answered, if the defendants did not respond in the same writing.

Article 8.- When the multiplicity of people arises at any other time of the trial, or
in acts of voluntary jurisdiction, the appointment of a common representative must be
made within three days following the first procedural act in which this multiplicity
appears.

Article 9.- If the appointment is not made by the interested parties within the
terms established in the two previous articles, it will be done ex officio by the Judge or the
Court, choosing one of them.

Article 10.- The representative appointed in accordance with the previous articles
has the necessary powers to continue the procedures until their completion, including the
execution of the sentence, without having, except for a special mandate, extrajudicial or
domain powers.

Article 11.- In the case of multiple actors or defendants, regardless of the address
to receive notifications indicated by the common representative, the interested parties
may indicate a different address at the place of the trial, so that each of them can be
notified. , the order ordering the opening of the trial and the sentences that are
pronounced.

Article 12.- In addition to the promotions of the common representative,

interested parties may offer and present the evidence they deem appropriate, as well as
appeal the sentence handed down in the trial.
 CHAPTER TWO
JUDICIAL FORMALITIES

Article 13.- For the validity of judicial proceedings, it is necessary that they be
carried out on business days and hours.

Article 14.- Non-working days are those established by the Organic Law of the
State Judicial Branch, and also those in which there is no work in the respective offices.

Article 15.- The Judge or Court may authorize non-working days and hours to act
or to carry out proceedings when there is an urgent cause that requires it, stating what
this is and the proceedings to be carried out.

Business hours are those between seven and eighteen.

Article 16.- The judicial proceedings, as well as the writings presented by the
parties, must be written in Spanish, with a margin of at least one fifth and with the
necessary margin for sewing.

Article 17.- In judicial proceedings and in writings, the dates and amounts will be
written in letters and the articles with their number.

Article 18.- Except in urgent cases, the writings must be typed and signed by
their author or authors and if they do not know how to sign or accidentally cannot write,
they will put their fingerprint.

Article 19.- The court will order the writs to be ratified before processing them, in
cases it deems appropriate or if ordered by law.

Article 20.- In judicial proceedings and resolutions, abbreviations will not be

used, nor will wrong phrases be scratched out, on which only a thin line will be placed
that allows reading, ultimately saving the error made with complete clarity and precision.

Article 21.- The Chief Officer or whoever replaces him will record the day and time
in which a document is presented, will report it, within the following twenty-four hours, to
the Secretary, and must authorize it with the seal of the Court and with his signature by
way of receipt, a copy of the same writing, if the interested party requests it.

Article 22.- The Secretary or the Senior Official, if applicable, will fill out the
records, initial the pages in their margin, put the seal of the Secretariat in the bottom of
the notebook, so that both sides are sealed, and will report the faults they observe.

Article 23.- The simple copies of the documents presented, confronted and
authorized by the Secretary, will appear in the files, leaving the originals in the Secretary
of the Court where the opposing party may see them if they request it.

Article 24.- Documents presented in court may be returned after a certified copy
remains in the record, or certification of a copy of them if it already exists.

Article 25.- After the claim has been answered, and after hearing the
counterparty, the founding documents of the action may be returned to the person who
presented them, leaving a certified copy of them in the records and, in this case, the
Secretary, in the documents themselves. , will establish reason for having appeared in the
trial in question.
 Article 26.- The records will not be delivered to the parties in confidence. The
phrase "give sight" means leaving the records in the Secretariat, so that the parties can
find out about them, without them being able to be given to them for any reason nor can
they remove them from the Court or Chamber. This provision is also applicable to the
Public Ministry.

Article 27.- The documents that are returned and the copies that are ordered to
be issued will be delivered directly by the Secretary to the interested party or person
authorized by the Secretary, with prior evidence in the records.

Article 28.- The phrase "correr transfer" means that copies are delivered, in cases
where the law so provides or is ordered by the judicial authority.

Article 29.- If a file is lost, the following provisions will apply:

I.- The Secretary will record the previous existence and subsequent lack of the file;

II.- It will be replaced at the expense of the person responsible for the loss;

III.- The person responsible will pay the damages, being also subject to the
provisions of the Social Defense Code;

IV.- The authority that is aware of the business, immediately upon learning of the
loss, will order the replacement and will inform the parties, so that they can provide the
data they have;

V.- Once the replacement is completed, the Judge or Court will issue a resolution
expressing the state of the business;

VI.- The resolution referred to in the previous section can be appealed in a

complaint, if it was issued by the Judge and does not allow appeal if it was issued in the
second instance.

Article 30.- To obtain a copy or testimony of any document from the archives and
protocols, a judicial resolution is required that will be issued with knowledge of the cause
and hearing of the party, and if there is not one, with that of the Public Ministry, being
also applicable, where applicable, the following provisions:

I.- When the obligation contained in the document or copy cannot be demanded
again, the resolution will be issued outright.

II.- The opponent will have the right to have the copy added with the relevant
records, if they appear in the same file.

Article 31.- The Secretary or the Chief Officer, if applicable, will show the files
only to the parties who request it, to the lawyers whose title is registered with the
competent authorities and to the people authorized by the latter.

Article 32.- Precautionary orders will remain secret of the Court before being
executed; the executive trials before the exeqüendo order is issued; bankruptcy
proceedings before securing; as well as in any other case in which the Judge orders the
file to be kept secret.

Article 33.- The first writing will be accompanied by:

 I.- The document that certifies the character with which the litigant appears at
trial, in case of having representation of a person or when the right he claims has been
transmitted to him.

II.- The necessary copies of the document and the documents presented, to
transfer them.

Article 34.- The provisions of section II of the preceding article will also be
observed with respect to the writings in which a counterclaim is made, and in which an
incident is promoted.

Article 35.- In the case of the two previous articles, the protest of presenting the
corresponding document will not be admitted, nor will the documents exhibited be
considered presented, if they are not accompanied by the respective couplets.

CHAPTER THREE
JUDICIAL RESOLUTIONS

Article 36.- Judicial resolutions are orders and sentences.

The sentences are final or interlocutory. Definitive are those that resolve a trial in
the main. Interlocutory are those that decide an incident.

These are the resolutions not included in the previous paragraph.

Article 37.- In the Courts, the sentences and orders will be signed by the Judge
and authorized by the Secretary.

Article 38.- In the Superior Court, the magistrates will sign the judicial
resolutions, which will be authorized by the respective Secretary.

Article 39.- Final sentences must be issued within fifteen days; interlocutory
decisions and resolutions that decide a complaint appeal, within eight days; those that
resolve a revocation appeal within five days; and the other cars within the third day.

CHAPTER FOUR
NOTIFICATIONS

Article 40.- Notifications will be made no later than the day following the day on
which the resolutions preventing them are issued, when the Judge or Court does not
provide otherwise.

Article 41.- Every resolution will state which person must be notified or
requested.

Article 42.- The parties may authorize a capable person to hear and receive
notifications on their behalf.

Article 43.- When the authorization referred to in the previous article is granted to
a lawyer with a title or ID duly registered in the Superior Court of Justice, the authorized
person may:

I.- File resources and promote incidents;

 II.- Offer or take tests;

III.- Plead and continue the trial until the sentence is executed.

The authorization to receive notifications does not confer extrajudicial or domain

powers.

Article 44.- The interested parties, in the first writing or in the first judicial
procedure in which they intervene, must designate a house located in the place of the
trial so that notifications can be made to them and the necessary procedures can be
carried out.

Article 45.- Litigants must designate the house in which the first notification
must be made to the person or persons against whom they promote, or those who are
interested in being notified.

Article 46.- Public officials will be notified in their office by means of an official
document, which will be delivered by the officer, even when it comes to transfer.

Article 47.- When a litigant does not comply with the provisions of article 44,
personal notifications will be made in accordance with the rules for notifications that
should not be personal.

Article 48.- If a litigant does not comply with the provisions of article 45, his or
her promotion will not be processed until the omission is corrected.

Article 49.- In the first notification the following provisions will apply:

I.- It will be done personally to the interested party at the designated residence,
giving them an authorized copy of the resolution that is notified.

II.- Whoever makes the notification must previously ensure that the house
designated to make it contains the address of the person who is to be notified, and will
state in the corresponding reason the means used for that purpose.

III.- If the interested party is not found in the first search, a summons will be
issued for a fixed time the following day.

IV.- If the person summoned in accordance with the previous section does not
wait, the notification will be communicated to the relatives or domestic members of the
interested party, or to any other person who lives in the house, leaving them with
instructions.

V.- If in the house designated for notification, they refuse to receive the
instructions, the agent will make the notification by means of a document, which will be
posted on the door of the house, and also by list.

VI.- When there is no person in the house designated for notification to receive the
instructions, they will be delivered to the immediate neighbor, and the procedure will be
followed in accordance with the preceding section.

VII.- The record will establish reason for having complied with the provisions of
the previous sections.

VIII.- The instructions will state:

 a).- The name and surname of the applicant;

b).- The Court that orders the diligence to be carried out;

c).- The determination that is ordered to be notified, individualizing it by its date,

and by the mention of the business and file in which it was issued;

d).- The date and time it is left;

e).- The name and surname of the person to whom it is delivered, or, where
applicable, which was carried out in accordance with section V of this article.

f).- The name, surname and position of the person who carries out the notification.

Article 50.- When the house in which the notification must be notified is
unknown, or with whom the notification is to be understood, this will be done through
three consecutive edicts, in the newspaper with the greatest circulation that is published
in the Entity, in the opinion of the Judge. In the same way, anyone who must acquit
positions in the trial held in absentia will be summoned. The edicts will contain an extract
of the resolution that is notified.

Article 51.- Repealed.

Article 52.- The applicant who does not know the address of the person to whom
the first notification is to be made, will only have to state it under oath of truth.

Article 53.- When a person residing outside the place of the trial must be notified
or summoned, the notification will be made by official letter or by summons to the Judge
of the town in which he or she resides. By official letter, if that person resides in the
territory of the State of Puebla, or by letter if that person resides outside of it.

Article 54.- If the notification has to be made abroad, the provisions of the
respective Federal Law will be followed.

Article 55.- The reasons for their notifications, the people who make them and
those who receive them, must sign; If they do not know, do not want to, or cannot sign,
this circumstance will be recorded in the record.

Article 56.- Except for the responses ordered by the resolutions that are the
subject of the notifications, no reasons other than "being understood", "refusing to sign"
and "reserving to respond in writing" will be accepted.

Article 57.- It is prohibited to state in the reason for the notification that the
notified party "agrees."

Article 58.- Only the following notifications will be made personally:

I.- The location and the first notification made to the person against whom a
procedure is being followed.

II.- The resolutions that order transfer and hearing.

III.- The resolutions that consider the claim or counterclaim answered, order the
trial to be opened to evidence and, where appropriate, summon a conciliation hearing.
 IV.- The order cited for the acquittal of positions or for the recognition of
documents.

V.- The first resolution issued when:

a).- It stops acting for more than two months.

b).- There has been suspension or interruption of the procedure;

c).- There has been a change of personnel.

VI.- The requirements to those who must comply with them.

VII.- The sentences, of which a copy authorized by the Secretary will be delivered.
to each of the parties, and to each of the interested parties referred to in article 11.

VIII.- Those made to experts, witnesses and other auxiliaries in trials; and

IX.- In other cases in which the law or the courts so provide.

Article 59.- Notifications that should not be personal will be made in court, if the
people who are to receive them are present no later than the day following the date of
resolution, without prejudice to doing so of course by list, which will be established. daily
at the door of the court.

In the Superior Court of Justice, in the Courts of the State Capital and in the
others that it determines, notifications that must not be personal, may also be made by
judicial bulletin, which will contain the lists referred to in the previous paragraph and It
will circulate publicly, and in any case a copy of the bulletin containing it must be posted
with the list of agreements.

Article 60.- In notifications that should not be personal, the following rules will be
observed:

I.- The notification lists will contain the name and surname of the parties,
indication of the person who is notified, the file number, the mention of the business, an
extract of the resolution that is notified and the date on which it was issued. ;

II.- The list and a copy of the judicial bulletin that contains it will be posted on the
same day, first thing in the office and in a visible place, and must be recorded in the file
as a result of the above;

III.- The list and the copy of the judicial bulletin that contains it will remain for
three days in the place where they are posted;

IV.- The list and the bulletin must be signed, sealed and initialed by the officer;

V.- At the last office hour of the day on which the notification lists are prepared, a
copy of each one will be sent to the Secretary General of Agreements of the Superior Court
of Justice, who will order the printing of the judicial bulletin with the lists of the bodies
referred to in the second paragraph of the previous article;

VI.- Notifications made through judicial bulletin will take effect the day following
the day on which they are published;
 VII.- The Chief Officer or the Secretary, if applicable, will prepare quarterly files
with the notification lists and the judicial bulletins, and

VIII.- In the case of sections V and VI of article 49, it will be stated that, in
addition to the notification by list and by judicial bulletin, if applicable, the instructions
were left as ordered in said sections.

Article 61.- When a notification is made in a manner other than that provided for
in this chapter, or is omitted, the following provisions will apply:

I.- The aggrieved party may file before the Judge or Court that knows the
business, an incident regarding the declaration of nullity of the action, based on the
notification made improperly or omitted.

II.- The incident of nullity will be processed as provided in articles 632 and 633;
but if before resolving the incidental issue, it is summoned for judgment in the main
matter, the procedure in this case will be suspended, so that both issues are resolved in a
single sentence and, if nullity is declared, the principal will also be declared not to be
present. in a state of resolution.

III.- The officer who has omitted or illegally carried out the notification will be
civilly and criminally responsible, independently, for the disciplinary correction referred to
in the following section;

IV.- If in the interlocutory or by any other legal means the nullity of the
notification is declared, the competent instance in terms of the Organic Law of the
Judiciary will determine ex officio whether the public servant in charge of making the
notification incurred responsibility or not. , in terms of the applicable laws, and a fine of
five to twenty days' salary will be imposed on the responsible public servant, who will be
removed from his position in case of recidivism;

V.- Notwithstanding the provisions of the previous sections of this article, if the
notified person has stated in court that he or she is aware of the resolution, the
notification will take effect from then on, as if it were legally made.

CHAPTER FIVE
JUDICIAL TERMS

Article 62.- The judicial terms will begin to run from the day following the day on
which the notification was made, and the day of expiration will be counted in them.

In the cases of sections V and VI of article 49, the terms will begin to run the day
after notification by list.

Article 63.- When there are several interested parties and the term is common to
all of them, this will be counted from the day following the day of the last notification.

Article 64.- The days in which judicial proceedings cannot be carried out will not
be counted in the terms.

Article 65.- In the case of terms ordered to be observed by the Judge or Court, the
Secretary will record in the records the day on which they begin to run and the day on
which they must conclude, a new calculation being made in case of interruption, without
the need for a judicial resolution.
 Article 66.- Except for the terms that the law, the Judge or Court establishes for
an interested party, the others are common to the parties.

Article 67.- Once the terms have elapsed, the business will continue its course,
without the need for promotion by the parties.

Article 68.- To set the duration of the terms, the months will be regulated by the
number of days that correspond to them and the days will be understood as twenty-four
calendar hours, counted from zero to twenty-four.

Article 69.- When the law does not establish the term for the practice of any
judicial act or for the exercise of any procedural right, three days will be considered
established.

CHAPTER SIX
DISPATCH OF BUSINESS

Article 70.- Once a business has been initiated by the first writing of the
interested party and the agreement that falls to it, the procedure will be carried out ex
officio, without the need for a request from the party; and once a term has expired, the
following provisions will apply, where applicable:

I.- Except as expressly provided by law, no judicial resolution is required for the
continuation of the procedure;

II.- When it is legally necessary for the Judge or Court to order a procedure or
diligence, the corresponding resolution will be issued ex officio;

III.- In the case provided for in the previous section, the Secretary, under his
responsibility, will report to the Judge or Court and they will order, in a timely manner,
what is appropriate.

Article 71.- Business hearings will be public, except those that refer to divorce or
annulment of marriage, and the others that in the opinion of the Court should be secret.

Article 72.- In proceedings carried out outside the courts, the official or employee
who carries them out must, in advance, identify themselves to the people who intervene
in them.

Article 73.- The Reporting Magistrate or the Judge will receive the evidence under
their responsibility; but they may entrust the Secretary with receiving these, or any of
them, and presiding over the procedures by which they are received.

Article 74.- The Judge Rapporteur may ex officio entrust the First Instance
Judges with carrying out necessary procedures, when they must be carried out in a place
other than his residence, but within the State of Puebla. The same power corresponds to
civil and family judges, with respect to those of the same category as them and minor or
peace judges.

Article 75.- The proceedings that must be carried out in a place of foreign
jurisdiction, located outside the State of Puebla, must be entrusted, by request, to the
Judge of the place where they are to be carried out.
 Article 76.- The procedures and meetings will be carried out in the Court or
Tribunal, unless due to their nature they must be carried out in another place or due to
the age, illness or other serious circumstances of the people who must intervene, the
Judge or the Court designates another different place.

Article 77.- The Secretary or whoever replaces him must report to the Court or
Judge within twenty-four hours, with the writings, promotions and official letters; and in
case of emergency, it will report immediately, even during non-business hours.

Article 78.- Magistrates and judges will not admit clearly inappropriate
promotions; They will reject them outright, without the need to make them known or
forward them to the other party or to file an incident, and in the case of any appeal or
incident that is clearly inadmissible, they must impose on the applicant any of the
disciplinary corrections contemplated in article 82. .

Article 79.- Judges or courts, to enforce their determinations, may use any of the
following means of enforcement:

I.- Fine up to the amount of ten days of the minimum wage in force in the place
and at the time when this measure is imposed.

II.- Search by written order.

III.- Arrest for up to thirty-six hours.

IV.- The assistance of the public force.

Article 80.- If, despite having applied the enforcement measures authorized in the
previous article, compliance with the judicial determination in question is not obtained,
proceedings will be taken against the rebel for the crime of disobedience.

Article 81.- There is no appeal against resolutions that impose one of the
measures referred to in article 79.

Article 82.- Disciplinary corrections are:

I.- Estrangement.

II.- The fine, which will not exceed the amount of one hundred days of the
minimum wage in force in the state capital, on the day it is decreed, and

III.- The others established by the Organic Law of the Judiciary.

Article 82bis.- Disciplinary corrections will be imposed by the magistrates or

judges on any person or public servant who has appeared before the Chamber or Court
and who does not observe before any of them, the formalities or order established by law,
to the detriment of any judicial action or of the authority itself, in which case the
necessary measures will be taken ex officio to prevent or sanction any act contrary to the
respect due in court and to which the parties must respect each other, and may even
require the assistance of the public force.

Administrative offenses by public servants will be punished in accordance with the

Organic Law of the Judiciary.
 Article 83.- Against the resolution in which any of the disciplinary corrections
mentioned in the previous article are imposed, the interested party will be heard
separately, if requested, within three days following the day in which it was notified and
without the course of business is suspended. Once the request is received, you will be
summoned to a hearing that will be held within the following eight days, and the matter
will be decided at the same time.

CHAPTER SEVEN
IMPEDIMENTS, CHALLENGES AND EXCUSES

FIRST SECTION
IMPEDIMENTS

Article 84.- The Judge is necessarily prevented from:

I.- In businesses in which you have some interest;

II.- In the businesses that interest his blood relatives in a straight line without
limitation of degree, collaterals within the fourth, related within the second, the spouse or
the person who is with him, in the situation provided for by article 297 of the Civil Code;

III.- If any of the people referred to in the previous section reported the
commission of a crime, attributing it to one of the parties.

IV.- If he or any of the people mentioned in section II are pursuing a civil or labor
lawsuit against any of the parties, or the one they have followed has not been completed
for one year;

V.- Whenever there is an intimate relationship between him and one of the parties;

VI.- When he has been guardian or curator of one of the parties, or manages their
assets;

VII.- When you are a partner, lessor, lessee, employer, dependent, heir, legatee or
donee of any of the parties;

VIII.- When he or any of the people listed in section II are creditors, debtors or
guarantors of any of the parties;
IX.- When he has been a lawyer or attorney, expert or witness in the business in question;

X.- When you have issued a final ruling in the business, as a Judge, Arbitrator or
Advisor;

XI.- Whenever, for any reason, you have expressed your opinion regarding the
final result of the business;

XII.- If it is a relative for consecration or affinity of the lawyer or the attorney of

any of the parties, in the same grades that express fraction II of this article;

XIII.- When he has been an administrator of any institution or company that is

part of the business;

XIV.- If he was a manager in the business, he would have recommended it or

contributed to the expenses it causes;
 XV.- If it admitted gifts or celebrations from the parties.

Article 85.- The causes of impediment established in the previous article are also
for magistrates, experts appointed by the judicial authority, secretaries and prosecutors.

Article 86.- The provisions of article 84 regarding the parties will also apply to
those who, without being a party, have a direct interest in the business in question.

Article 87.- Magistrates, judges, experts appointed by the Judicial authority,

secretaries and clerks have the duty to recuse themselves from knowledge of the
business, in which any of the expressed causes occur, even when they are not challenged.
The excuse must specifically express the cause on which it is based.

SECOND SECTION
RECUSATIONS

I.- GENERAL RULES

Article 88.- The challenge will be filed before the Court that knows the business.

Article 89.- Judges and magistrates will reject outright any challenge that is not
made in a timely manner, or that does not proceed in accordance with the law.

Article 90.- The Chief Officer will immediately pass to the Secretary all writing in
which a challenge is made, and the Secretary will of course inform whoever must provide
it.

Article 91.- If any act or procedure is carried out before the Judge or Chamber is
aware of the challenge, they will be valid, without prejudice to the responsibility that may
be required of the defaulting employee.

Article 92.- A complaint may be filed against the resolution that rejects a
challenge, in the first instance, and revocation if the business is in appeal or complaint;
but against anyone who admits a challenge there is no appeal.

Article 93.- In competitions or hereditary trials, only the legitimate representative

of the creditors or the definitive executor may challenge, respectively.

Article 94.- Before the appointment of the common representative or the executor,
the majority of the people who are in the case of articles 7 and 8 may object.

Article 95.- Recusal is not applicable:

I.- In the preparatory proceedings for the trial;

II.- When fulfilling exhortations;

III.- In other proceedings entrusted by other judges or courts;

IV.- In the execution proceedings;

V.- In proceedings that do not involve jurisdiction or knowledge of the facts;

VI.- In enforcement procedures;

 VII.- In precautionary proceedings and in executive trials, as long as the seizure or
release, if applicable, has not been completed.

VIII.- Before the claim is answered or considered answered in default of the

defendant.

II.- RECUSATION WITHOUT CAUSE

Article 96.- In each transaction, as well as in appeals and complaints, each party
may challenge without cause only a Magistrate, a Judge, a Secretary and a Investigator.

Article 97.- Recusal without cause suspends the challenged from his duties, from
the moment the respective promotion is presented; and if it is admitted, the records will
be sent to the Judge whose responsibility it is to hear the business or whoever should
replace the challenged person will be called.

Article 98.- The challenge without cause will be admitted or rejected outright by
the authority to whom it is filed.

Article 99.- The challenge without cause may be raised freely before being
admitted.

Article 100.- The challenge without cause can only be filed within three days
following notification of the order:

a) that orders the ordinary or summary trial to be opened to evidence;

b) to inform the parties of the filing of the appeal;

c) to make known the change in personnel of the Court or Chamber, if applicable.

d) to inform, in the complaint, the receipt of the report.

III.- RECUSATION WITH CAUSE

Article 101.- When magistrates, judges, experts, secretaries or prosecutors do not

excuse themselves despite the existence of any of the impediments established by law, the
recusal proceeds, which will be based on legal cause.

Article 102.- The following provisions are applicable to recusal with cause:

I.- It will be filed before the Judge or Court that knows the business, expressing
clearly and precisely the cause on which it is based.

II.- The filing of the challenge suspends the jurisdiction of the challenged official,
from the moment the respective promotion is presented, while it is qualified and decided.

III.- Once the challenge has been filed, the parties will not be able to raise it at any
time;

IV.- Once the challenge is declared admissible, the jurisdiction of the Magistrate or
Judge, or the intervention of the Secretary, Expert or Investigator, ends in the business in
question.
 Article 103.- The challenge with cause must be decided with a hearing of the
opposing party and will be processed as appropriate by applying the rules of incidents.

Article 104.- In the incident of challenge with cause, the means of proof
established in this Code are admissible and, in addition, the confession of the opposing
party and the report of the challenged party, which must include the answers to the
questions that the parties may ask. written.

Article 105.- The official who is aware of a challenge with cause is

unchallengeable for this purpose only.

Article 106.- No challenge with cause will be processed if the challenger does not
exhibit, at the time of filing it, the judicial deposit ticket for the total amount of the fine
referred to in the following article, except in the case that the recusant himself is
excepted, according to the law, from making the deposit.

Article 107.- When the cause for recusal is declared inadmissible or not proven,
or the reason given is not legal, a fine of five to fifty days of minimum wage will be
imposed on the recusant; But if a second challenge is filed with cause and it is declared
illegal or unproven, the fine will be up to double the amounts established and the deposit
will be made for the total of that double amount.

Article 108.- For the fines imposed in this chapter on the recusant, his attorney
and his lawyer are jointly and severally liable.

Article 109.- The Judge who heard the challenge will enforce the fine referred to
in the previous articles; and will order it to be deposited in the Fund for Reparation of
Damage and Assistance to Victims of Crimes.

Article 110.- Of the challenges with cause they will know:

I.- The superior of the challenged Judge, when it comes to a first instance trial.

II.- The Chamber to which the challenged Magistrate belongs, without his
attendance.

III.- The challenges of the secretaries, experts and investigators will be

substantiated before the judges or chambers with whom they act.

Article 111.- The challenged Judge will send to the Court the originals of the
proceedings in which the challenge has been filed.

Article 112.- If the challenge is filed with cause, and the opponent agrees, the
business will pass, without substantiating the challenge, to the official who must replace
it in accordance with the law.

Article 113.- The provisions of the previous article do not imply that the cause of
the challenge is proven.

Article 114.- The Court that hears the challenge will immediately declare whether
the cause of the challenge is legal or not; and will receive proof of the incident for a period
not exceeding ten days, if the reason for the challenge consists of a fact that must be
proven.
 Article 115.- Once the trial period has concluded, the resolution will be issued
without further procedure, within three days.

Article 116.- If in the interlocutory it is declared that the challenge is appropriate,

the proceedings with testimony of said ruling will be sent to the Judge who is responsible
for hearing the matter, also communicating the resolution to the challenged Judge. In
Court, the corresponding Magistrate will be called according to the law.

Article 117.- If the challenge is declared not to be legal or the cause has not been
proven:

I.- The records with testimony of the resolution will be returned to the challenged
Judge, so that he continues to know the business.

II.- In the Court, the Magistrate who was tried to be challenged will continue to be
part of the Chamber.

Article 118.- If two challenges with cause are declared inadmissible or not proven
in a business, another challenge of this type will no longer be admitted, even if the
recusant protests that the cause is supervenient or that he had not been aware of it,
unless it is mediated. staff change.

CHAPTER EIGHTH
PROCEDURAL BUDGETS

Article 118 bis.- The procedural budgets are the requirements that allow the
constitution and development of the trial, without which it cannot be initiated or
processed with legal effectiveness, so they must exist from the moment it begins and
subsist during it, with the judicial authority to study them ex officio. They are procedural
budgets:

I.- The competition;

II.- The legal interest;

III.- Capacity;

IV.- Personality;

V.- Legitimation;

VI.- The presentation of a formal and substantially valid claim, and

VII.- Any other that is necessary for the existence of the legal relationship between
the parties.

Article 119.- All claims must be filed before a competent judge.

FIRST SECTION
COMPETENCE

Article 120.- When there are several competent judges in the place where the trial
is to take place, the corresponding judge will hear the matter in turn.
 Article 121.- Interested parties may expressly or tacitly submit to a judge of a
different jurisdiction, when the jurisdiction is waived.

Article 122.- There is express submission, when the interested parties clearly and
definitively renounce the jurisdiction that the law grants them, and designate with
complete precision the Judge to whom they submit.

Article 123.- The following are understood to be tacitly submitted:

I.- The plaintiff, by appearing before the Judge filing his claim;

II.- The defendant, for answering the claim or counterclaiming;

III.- He who, having promoted a question of jurisdiction, abandons it;

IV.- Anyone who for any reason comes to trial;

V.- Anyone who files an appeal, except in the case where it is filed challenging the
jurisdiction of the Judge.

Article 124.- Neither by express nor tacit submission can more jurisdiction than
territorial jurisdiction be extended.

Article 125.- The Judge who in any resolution expressly recognizes the
jurisdiction of another cannot promote jurisdiction; but if he recognized it, not by his own
act, but by completing an official letter or exhortation, he may file it.

Article 126.- The competent Judge is:

I.- That of the place that the debtor has designated to be judicially required for
payment;

II.- That of the place designated in the contract for the fulfillment of the obligation;

III.- If the designation mentioned in the previous sections has not been made, the
Judge of the debtor's domicile, regardless of the action that is exercised;

IV.- If there are several defendants, domiciled in different places, the domicile of
any of them, at the plaintiff's choice;

V.- That of the location of the property if a real action is exercised;

VI.- If the assets object of the real action are located in different places, the
location of any of them, at the choice of the actor;

VII.- To hear possession, property and usucapion lawsuits, that of the place where
the property object of the lawsuit is located;

VIII.- For any action derived from a lease contract, in the absence of a Judge
designated in the contract, the judge of the place where the leased property is located;

IX.- In bankruptcy proceedings, the domicile of the debtor;

X.- When the action only aims to obtain the cancellation of a registration, the
Judge to whose jurisdiction the office where it was established is subject; but if the
cancellation is requested as a result of another trial or action, the Judge who heard the
main business may order it;

XI.- In third parties, the Judge who is the judge to hear the main matter;

XII.- For prejudicial acts, the Judge who is for the main matter; But if it is a
precautionary measure, it may be issued by the Judge of the place where the person or
property that must be insured is located. Once the ruling is executed, the actions will be
sent to the competent authority;

XIII.- The domicile of the defendant, if it is the exercise of real action on movable
property, or personal, or civil status;

XIV.- In the case of voluntary or necessary divorce, that of the family home;

XV.- In matters involving annulment of marriage and rectification of civil status

records, the Judge of the place where the marriage was celebrated or where the record
whose rectification is in question was drawn up is competent; but if the record has been
lost or destroyed, the judges of the capital of the State will be competent;

XVI.- In the case of family assets, the Judge of the location of the assets that
constitute it or with which it will be constituted;

XVII.- For the appointment of the guardian, the one of the domicile of the minor or
the incapacitated person; and for the rendering and approval of the accounts of the
guardianship, the Judge of the place in which he or she works;

XVIII.- In cases of impediment to contracting marriage, the place where the couple
appeared.

XIX.- In the case of late birth registration, the Judge of the place of that birth.

XX- In acts of voluntary jurisdiction, that of the domicile of the promoter.

XXI.- In the maintenance trial, that of the last family domicile or that of the place
of residence of the food creditor(s), at the choice of the latter.

Article 127.- In the cases provided for in articles 3068 to 3073 and 3249 of the
Civil Code, the Judge of the place where the testator is located is competent.

Article 128.- The Judge competent to hear hereditary lawsuits, whether there is a
will or not:

I.- That of the place of the last domicile of the author of the inheritance;

II.- In the absence of a fixed domicile, the place where the real estate that forms
the inheritance is located;

III.- If there are real estate in various places, the one where the majority of them
are located, calculated by the payment of the largest sum of direct contributions;

IV.- In the absence of a fixed address and real estate, the place where the author
of the inheritance died.
 Article 128 bis.- In the case of claims in which foreign elements due to
personality or territoriality are revealed, international jurisdiction must be pronounced in
accordance with the rules indicated by article 126 of this Code, except as provided in the
treaties and conventions of the that Mexico be part.

SECOND SECTION
SUBSTANTIATION OF COMPETENCES

Article 129.- Competition can only be promoted by inhibitory.

Article 130.- No Judge can maintain jurisdiction with his superior, but he can
with another Judge who, although superior in his class, does not exercise jurisdiction
over him.

Article 131.- Judges cannot withdraw from any question of jurisdiction.

Article 132.- The litigants may withdraw from territorial jurisdiction, and their
withdrawal will cause the dispute to cease.

Article 133.- The party that promotes jurisdiction will appeal, by means of a
writing, in which it exposes the legal reasons on which it is based, the jurisdiction of the
Judge of the State of Puebla who, in its opinion, is competent, asking him to declare be
and is dedicated to knowledge of the business.

Article 134.- At the request of the person promoting the competition, if the Judge
deems it necessary, an evidentiary period of ten days will be granted.

Article 135.- Whether or not the period of evidence is granted, the Judge, within
five days, will decide establishing or denying his jurisdiction, and in the first case he will
issue an inhibitory letter to the authority that is hearing the matter.

Article 136.- In the document in which the inhibition is required, the document in
which it was requested, the order that has been issued and the other records that the
Judge deems to establish his jurisdiction will be inserted.

Article 137.- The requested Judge will inform the interested parties of the
inhibitory letter, for three days, and after this period will decide whether or not to inhibit
knowledge of the business.

Article 138.- If the requested Judge recuses himself from knowledge of the
business, he will send the file to the requesting Judge.

Article 139.- The complaint appeal is admissible against the resolution referred to
in the previous article.

Article 140.- If the requested Judge maintains his jurisdiction, he will notify the
requesting party ex officio, and with summons from the parties, he will send the
proceedings to the deciding Court.

Article 141.- The deciding Court:

I.- The corresponding Chamber of the Superior Court of Justice, in the case of civil
or family judges.

II.- The Civil Judge in the case of minor judges.

 III.- The Civil Judge who prevents, in the case of minor judges, from different
Judicial District.

Article 142.- The requesting Judge, as soon as he receives the letter referred to in
article 140, will forward the jurisdiction file to the deciding Court.

Article 143.- Once the records and the jurisdiction file have been received, the
deciding Court will order that they be placed in the Secretariat in view of the parties and
the Public Ministry, for three days, so that they can argue in writing, and the resolution
must be issued within ten days, and will send the records to the Judge who has declared
competent, and testimony of the resolution to both judges.

Article 144.- When the Judge before whom the jurisdiction is promoted refuses to
issue the inhibitory document, the petitioner may appeal to the deciding Court, exposing
the facts and requesting that the Judge before whom he proposed the jurisdiction be
declared competent.

Article 145.- In the case of the previous article, the deciding Court will request a
report from both judges, who with a summons from the parties will render it in three
days.

Article 146.- Once the reports have been received, the deciding Court will proceed
in accordance with article 143, and if it declares that the requested Judge is competent, it
will order the person who knows the matter to send the file to him.

Article 147.- If an injunction has not been filed, the Judge who has reasonable
grounds to consider that he is incompetent according to law, with summons from the
parties, may recuse himself from knowledge of the matter and send the proceedings to the
Judge he considers competent. The complaint appeal proceeds against this resolution.

Article 148.- In the case of the previous article, if the Judge to whom the file is
sent does not accept jurisdiction, he or she will ex officio send the files to the deciding
Court, for the purposes of article 143.

Article 149.- Everything acted by a Judge declared incompetent is null and void,
unless otherwise provided by the Law.

Article 150.- In cases of supervening incompetence, nullity operates from the

moment in which the incompetence occurred.

THIRD SECTION
ISSUES OF COMPETITION BETWEEN JUDGES OF THE STATE OF PUEBLA AND
JUDGES OF OTHER FEDERAL ENTITIES

Article 151.- There is no appeal against the resolution of a Judge of the State of
Puebla, who refuses to issue an inhibitory letter to another from another State of the
Republic or the Federal District; but against the resolution ordering to send it, the
complaint appeal proceeds, which will suspend the sending of the letter.

Article 152.- If the requested Judge does not accept his or her incompetence to
hear the matter, the requesting Judge will send the files to the Court that, according to
federal laws, is the deciding court and will notify the requested Judge of the referral of the
files, also letting the requested Judge know. the parts.
 Article 153.- If a Judge of the State of Puebla, who is hearing a business, receives
an inhibitory letter from a Judge of another State of the Republic or the Federal District,
he will resolve, with a hearing of the parties, within three days, whether whether or not it
is inhibited from knowledge of the business.

Article 154.- There is no appeal against the resolution by which the requested
Judge refuses to recuse himself from knowledge of the business.

Article 155.- The appeal of complaint against the resolution in which the
jurisdiction of the requesting party is accepted and the requested Judge recuses himself
from hearing the trial is admissible. This appeal suspends the execution of the appealed
resolution.

Article 156.- When the resolution referred to in article 153 denies the jurisdiction
of the requesting Judge, or when the one that recognized that jurisdiction is revoked, the
requested Judge will send the proceedings to the Court that, in accordance with federal
laws, is the decider. letting the parties and the requesting party know.

FOURTH SECTION
CAPACITY, PERSONALITY AND LEGITIMATION

Article 156 bis.- All persons who, in accordance with the law, are in full exercise
of their civil rights have the capacity to appear in court, on their own or as
representatives.

Article 156 ter.- Personality is the power of people to intervene in a judicial

procedure, either appearing in their own right, or as agent of one of the interested parties
or as their legitimate representative; Therefore, there will be a lack of personality in one of
the parties, if the person who goes to trial lacks the necessary quality, does not duly
accredit the character or representation with which he promotes, or lacks interest to
deduce his action, by virtue of not being able to reach the object of the same, even
assuming the sentence is favorable.

Article 156 quater.- Legitimation in the cause or process is a condition of the

action itself that the actor must prove and occurs when the action is exercised in the trial
by the person who has the capacity to assert the right that will be questioned, either
because it is held as the owner of that right or because it has the legal representation of
said owner.

BOOK TWO
JUDGMENT

FIRST CHAPTER
PREJUDICIAL ACTS

FIRST SECTION
PREPARATORY MEANS OF THE TRIAL IN GENERAL

Article 157.- The trial may be prepared:

I.- The person who intends to sue requests a declaration under protest from the
person against whom he intends to direct the lawsuit, regarding a fact related to his
personality or the quality of his possession or possession.
 II.- Requesting the exhibition of movable property that is to be the object of the
action to be brought.

III.- The legatee asking any other person who has the right to choose one or more
assets among several to exhibit them.

IV.- Anyone who intends to be an heir, co-heir or legatee may request the
exhibition of a will.

V.- The buyer asking the seller to show titles or other documents that refer to the
good sold.

VI.- Requesting a partner or a spouse to present the documents and accounts of

the civil partnership, or of the conjugal partnership, voluntary or legal, to the partner, or
the other spouse, if applicable, who has them in their possession.

VII.- Requesting that the person who is going to be sued be given some notification
or interpellation, which is a prerequisite for the lawsuit, and

VIII.- Requesting the exhibition or certification of a protocol or any document that

is in the possession of the person who is going to be sued, or of a person who is foreign to
the trial that is being prepared, or that a certification or report be issued by any authority
regarding any fact related to the matter in question, or any similar procedure.

Article 158.- Preparatory measures will be promoted before the Judge who is
competent to hear the Trial, if they must be carried out in the same place as it; But in
cases of urgency, they may be requested before the Judge of the place where the measure
must be carried out and, once this has been carried out, the actions will be sent to the
competent authority.

Article 159.- In the processing of preparatory proceedings, the following

provisions will be applicable:

I.- In the document in which they are requested, the reason and the judgment to
be followed must be expressed;

II.- The Judge may order what he deems appropriate, to ascertain the personality
of the person requesting the preparatory procedure, the right he has to manage it and the
need for it;

III.- The preparatory measure will be decreed without a hearing from the
counterparty and will be executed without prior notification;

IV.- The complaint appeal will proceed against the resolution that denies the
preparatory diligence;

V.- There is no appeal against the resolution granted by the preparatory diligence;

VI.- The action that can be exercised in accordance with sections II, III and IV of
article 157, proceeds against any person who has in their possession the property or
documents mentioned therein:

VII.- The Judge may use the means of enforcement authorized by law to enforce
his determinations;
 VIII.- When the exhibition of a protocol, or any archived document, is requested,
the procedure will be carried out in the Notary's office or in the corresponding office,
without the original documents leaving them;

IX.- The person against whom the trial is being prepared or the stranger to it may
oppose the preparatory proceedings, stating the facts, reasons and legal provisions on
which they base their opposition and this will be substantiated in a hearing, which will be
held within the three following days, and in which, in addition to receiving the evidence
that the Judge deems appropriate, the corresponding resolution will be issued;

X.- The opposition referred to in the previous section must be promoted within five
days following that in which the opponent becomes aware of it.

XI.- The resolution referred to in section IX can be appealed as a complaint, only if

the opposition is declared admissible;

XII.- Whoever disobeys what is ordered by the Judge for the execution of a
preparatory procedure, will be prosecuted and will be liable for the damages and losses
caused by their opposition.

XIII.- Once the trial has been promoted, the Judge will order the proceedings
carried out to be added to the main proceedings, whether the parties request it or not.

SECOND SECTION
PREPARATION OF THE EXECUTIVE TRIAL

Article 160.- The executive trial may be prepared, requesting the recognition of
the private documents that record the obligation whose payment is sought to be
demanded.

Article 161.- The following provisions are applicable to the preparation of the
executive trial:

I.- The documents will be considered recognized when, having been summoned
twice, the debtor does not appear without just cause, or when requested twice in the
same procedure, he refuses to answer categorically;

II.- The recognition of documents as a preparatory means for the executive

judgment is appropriate, even when the documents in question are not personally signed
by the debtor;

III.- If the debtor does not know how to read, in the respective procedure the
documents whose recognition is sought will be shown to him and these will be read aloud,
twice, and in the presence of the debtor;

IV.- If the interested party appears and his recognition is partial, it will be stated
with complete precision which part of the document he recognized;

V.- The recognition of the signature alone does not imply that of the rest of the
document;

VI.- The allegation of any exception other than falsehood will imply recognition;
and
 VII.- In the recognition, the provisions established in articles 327, 330 to 333, 337
and other relatives of the third section of the Tenth Chapter of the Second Book will be
observed, as appropriate.

CHAPTER TWO
OFFER OF PAYMENT,
FOLLOWED BY CONSIGNMENT

Article 162.- In the case provided for in article 1829 of the Civil Code, if the
debtor judicially offers the creditor payment of the property owed to him, the Judge will
summon the latter for a procedure on a specific day, time and place, in order to that you
receive the property due or see it deposited.

Article 163.- The following provisions are applicable to the offer of payment:

I.- When the property is movable and difficult to handle, the procedure will be
carried out in the place where it is located, if it is within the territory of the Judge's
jurisdiction.

II.- If the property owed is found outside the territory of the Judge's jurisdiction,
an official letter or summons will be issued to the corresponding Judge, so that in his or
her presence the creditor may receive or see the property being deposited;

III.- If the asset or assets are money, securities, jewelry or easily transported
furniture, the consignment will be made by direct delivery to the court or exhibition of
certificates of deposit, issued by national credit companies, by the State Finance
Secretariat. or the Revenue Collection of the head of the corresponding Judicial District;

IV.- If the consignment is of real estate, these will be made available to the
creditor, giving him the keys where appropriate, and giving him possession of them
through the Court;

V.- If the property owed must be deposited in the place where it is located and the
creditor does not remove it or transport it, the debtor may obtain authorization from the
Judge to deposit it elsewhere;

VI.- If the creditor was not present at the offer and deposit, the Judge:

a) Order that the creditor be seen with the proceedings and that a copy of the
corresponding record or minutes be given to him/her; and

b) He will provide what he deems appropriate for the conservation of the consigned
assets, and may designate a depositary if his intervention is required.

Article 164.- If the creditor is unknown or uncertain, or when his address is

unknown, the following provisions will apply:

I.- You will be summoned in accordance with article 50;

II.- The diligence will be carried out in the manner provided for in the previous
article.

Article 165.- If the creditor has been declared absent or is incapable, his
representative will be summoned and proceed in accordance with the rules established in
the two previous articles, as appropriate.
 Article 166.- When the creditor is known, but his rights are doubtful, he may only
receive the good or goods offered in payment if he legally justifies those rights.

Article 167.- When the creditor, in the act of diligence or in writing before it,
refuses to receive the property by asserting some reason for opposition, the following
provisions are applicable:

I.- The Judge will decide on this in a hearing, which will be held within the
following eight days, in which he will hear the parties and receive the evidence that is
offered and refers to the payment or the reasons for the opposition.

II.- If the creditor's opposition to receiving payment is declared founded, the offer
and the consignment will be considered not made.

III.- If the creditor's opposition is rejected, the Judge will approve the consignment
and declare that the obligation is extinguished with all its effects.

IV.- A complaint is filed against the resolution that rejects or declares the
opposition founded.

Article 168.- In cases where the creditor does not appear on the designated day,
time and place, the Judge, at the request of the debtor, will issue a certification that
includes: 1) the description of the property offered; 2) the consignment; and 3) that the
deposit was constituted, in the person or establishment designated by the Judge.

Article 169.- Once the offer of payment and the consignment have been made, the
Judge, at the request of the debtor, may make a declaration of release against the
creditor, in the following cases:

I.- When the creditor is certain and known and does not appear at the deposit
procedure, nor formulate an opposition, despite having been legally summoned;

II.- When the creditor is a certain person and his rights are doubtful, he does not
legally justify these.

III.- When the creditor is absent or incapable and his representative has been
summoned, do not appear at the proceedings or file an opposition;

IV.- When the creditor is an uncertain person or his address is unknown, he does
not appear within the period established by the Judge, nor does he file an opposition; and

V.- When the persons referred to in the previous sections, having appeared, refuse
to receive the property owed without alleging cause for opposition.

Article 170.- In the cases provided for in the previous article, the following
provisions are applicable:

I.- The release declaration will only refer to the consigned asset and only the
obligation that has that asset as its object will be extinguished;

II.- Once the certification of consignment has been issued or the declaration of
release has been made, the debtor may only withdraw due to a sufficiently proven error or
undue payment;
 III.- If the consigned property is susceptible to deterioration, or the storage or
deposit costs are very onerous, the Judge may order its sale at public auction and deposit
its price;

IV.- The consigned property will remain in deposit at the disposal of the creditor
for the entire period established by law for the prescription of the debt;

V.- A complaint is filed against the resolution that declares or denies the release of
the debtor.

Article 171.- When, because the disputes referred to, respectively, in articles 167
and 169 have not arisen, it has not been resolved whether the offer of payment and the
consignment freed the debtor from the obligation or not, the debtor may, in the trial in
which compliance is demanded, oppose that offer and consignment as an exception and
the Judge will approve or not these, declaring, in the first case, the obligation
extinguished.

Article 172.- The consignment and deposit referred to in the previous articles can
be done through a Notary and the following provisions will apply:

I.- The Notary will limit himself to making the offer and deposit and issuing the
respective certification to the debtor;

II.- The creditor's opposition will be processed and decided by the competent
Judge, in accordance with the provisions of this chapter.

III.- With the certification referred to in section I above, the debtor may ask the
Judge to declare him released from the obligation, Article 170 being applicable.

IV.- The debtor may raise, in the trial in which payment is claimed, the exception
referred to in article 171, this being applicable as appropriate.

CHAPTER THREE
ACTIONS

FIRST SECTION
GENERAL RULES

Article 173.- Action is the means of enforcing violated or unknown rights before
the courts.

Article 174.- When an action is brought, the benefit required, the title or cause of
the action and the applicable legal provision will be clearly determined.

Article 175.- The actions take their name from the contract or events to which
they refer.

Article 176.- The action proceeds in court even when its name is not expressed or
is expressed incorrectly, if the type of benefit required from the defendant and the title or
cause of the action are clearly determined.

Article 177.- Through the exercise of the action, the following may be pursued:

I.- That the defendant be sentenced to perform a certain benefit;

 II.- That the existence or non-existence of a legitimately protected interest or of a
fact, act or legal relationship, or the authenticity or falsity of a document, is declared;

III.- The constitution, modification or extinction of a state or legal situation; and

IV.- The application of legal norms whose purpose is:

1.- Defend any factual or legal situation favorable to the actor;

2.- Repair the damage suffered or the probable risk of one's own or another's
property that one is obliged to safeguard; either

3.- Retain or restore possession of a specific asset or assets.

Article 178.- Due to their purpose, the actions are:

I.- Reals;

II.- Personal;

III.- Marital status.

Article 179.- The following are real actions:

I.- Those whose object is the claim of property owned by the plaintiff;

II.- Those whose purpose is to claim an easement;

III.- Those whose purpose is the declaration that a property is free of an easement
or an encumbrance;

IV.- Those whose purpose is to claim usufruct rights;

V.- Mortgage companies;

VI.- Those of pledge;

VII.- Those of inheritance;

VIII.- Those of possession.

Article 180.- The real action can be brought against any possessor.

Article 181.- Actions that are intended to demand compliance with a personal
obligation are personal, whether there is a legitimate source of this or whether it is unjust
enrichment.

Article 182.- Personal actions can only be exercised against the obligor himself,
against his guarantor or against those who legally succeed him in the obligation.

Article 183.- Civil status actions have as their objective issues related to the facts
or acts that must be recorded in the Civil Status Registry, or attack its records so that
they are annulled or rectified; and the issues referred to in article 804.
 Article 184.- A personal action and a real action may be filed separately or
simultaneously with respect to the same matter:

I.- When a mortgage or pledge was created to guarantee a personal obligation;

II.- When the person filing a real action also has the right to demand
compensation or interest.

Article 185.- Except when the law provides otherwise, shares are renounceable.

Article 186.- Unless otherwise legally provided, actions last as long as the
obligation to which they correspond subsists.

SECOND SECTION
CONDEMNATION ACTIONS

Article 187.- The origin of condemnation actions requires that there be a violated
right or that the right whose protection is requested is enforceable.

Article 188.- The effects of the sentences issued regarding conviction actions
generally go back to the day of the lawsuit.

Article 189.- In contracts for periodic benefits, whatever the status of the trial and
without the need for a new lawsuit, it may be requested that those already sued be added
to those that expire during the trial, so that the sentence resolves on they.

Article 190.- The exercise of an action for condemnation is appropriate. regarding

a future benefit, even if the right is not yet payable, in the following cases:

I.- When the delivery of an asset or amount of money or the eviction of a property,
house or premises is requested, agreed for a specific day, except in the case of leasing of
premises for habitation:

II.- When the action has as its object periodic benefits and there has been a failure
to comply with any of them, for the purpose of the sentence being executed on their
respective due dates;

III.- When it is a conditional obligation and the obligor voluntarily prevents

compliance with the condition;

IV.- When after contracting the obligation the debtor becomes insolvent; and

V.- When the debtor does not grant the creditor the guarantees to which he is
committed, or when due to acts of the debtor himself or by fortuitous event, those
guarantees have been diminished or disappeared, after being established.

Article 191.- In the case of sections I and II of the previous article, the following
provisions are applicable:

I.- The plaintiff must secure by deposit for the amount set by the Judge, the
payment of possible costs in favor of the defendant, if during the trial it appears that the
latter did not try to evade compliance with his obligations in due time; and

II.- If the executory sentence condemns the defendant, it will only be executed
upon expiration of the benefit.
 Article 192.- In the cases provided for in sections III to V of article 190, the
plaintiff must prove the right to the benefit and the reason that causes the well-founded
fear that the obligation will not be fulfilled when it expires.

THIRD SECTION
DECLARATIVE ACTIONS

Article 193.- The following provisions will apply to declaratory actions:

I.- The declaration of the existence or non-existence of any legal relationship, a

subjective right, the prescription of a credit or a right on legal relationships subject to
conditions will be considered susceptible to legal protection:

II.- The need to obtain the judicial declaration requested must be justified; and

III.- The effects of the sentence may go back to the time in which the state of fact
or law occurred, on which the declaration is seen.

FOURTH SECTION
CONSTITUTIVE ACTIONS

Article 194.- The following provisions will apply to the constitutive actions:

I.- For the origin of these actions, the law will be required to condition the change
of legal situation to the declaration contained in a sentence; and

II.- In this type of actions, the sentence issued will only have effect for the future,
except in cases where the law provides otherwise.

FIFTH SECTION
COMMON PROVISION TO THE SHARES
DECLARATIVE AND CONSTITUTIVE

Article 195.- The defendant or defendants in declaratory or constitutive actions

will be those who have an interest contrary to the plaintiff.

SIXTH SECTION
PRECAUTIONARY ACTIONS

Article 196.- The following provisions will apply to precautionary actions:

I.- The effects of this type of actions will be subject to the provisions of the final
ruling issued in the corresponding trial; and

II.- The resolutions issued in connection with the exercise of this type of actions
will not have the force of res judicata.

SEVENTH SECTION
ACCUMULATION OF SHARES
 Article 197.- When there are several actions against the same person and with
respect to the same property, all those that are not contrary must be tried in a single
lawsuit; and by the exercise of one or more the others are extinguished.

Article 198.- Incompatible actions may not be exercised in the same lawsuit and,
if this is done, the Judge, before admitting it, will require the plaintiff to state which of
them he or she opts for. If the petitioner does not make this statement within three days,
the claim will be considered not filed.

EIGHTH SECTION
PEOPLE AUTHORIZED TO
EXERCISE THE ACTIONS

Article 199.- The actions will be exercised by their owner or by their

representative.

Article 200.- Only when the law expressly allows it, the action may be brought by
a person other than those mentioned in the previous article.

Article 201.- Any of the creditors may deduct solidarity actions, whether real or
personal.

Article 202.- In solidarity actions by title of inheritance or legacy, whether real or

personal, the following provisions will be observed:

I.- If no intervener or executor has been appointed, any of the heirs or legatees can
exercise them;

II.- If an intervener or executor has already been appointed, only they have the
power to deduct them in court; and the heirs or legatees may only do so when,
encouraged by them, the executor or controller refuses to do so.

Article 203.- The co-owner may exercise actions and injunctions related to co-
ownership, unless otherwise agreed, or when the law determines otherwise.

Article 203 bis.- No one can be forced to attempt or continue an action against
their will, except in the following cases:

I.- When a person publicly boasts that another is his debtor or that he has to
deduct rights over something that another owns. In this case, the possessor or the one
who is said to be a debtor, can appeal to the judge of his own domicile, asking him to
indicate a term to the boaster so that he can deduct the action he claims to have, warned
that if he does not do so in the set period, the action that has been the subject of the
boast will be considered abandoned. Anyone who, in any judicial or administrative act,
expressly reserves the rights he or she may have against a person or property is not
considered boastful. The provisions provided for declaratory actions are applicable to the
boasting action, which will expire three months from the date on which the injured party
became aware of the facts or sayings that give rise to it.

II.- When someone has an action or exception that depends on the exercise of the
action of another, who may be required to deduct, oppose or continue it from then on. If
he is excited to do so and refuses, he may do so.

The procedures related to both cases will be substantiated in the manner

established for incidents by this Code.
 SECTION NINTH
MAIN AND ACCESSORY ACTIONS

Article 204.- All actions are principal, except the following, which are accessory:

I.- Those that arise from an obligation that guarantees another;

II.- Those whose purpose is to claim civil liability for late damages and losses;

III.- Those to which the law gives that character.

Article 205.- Once the main action has been extinguished, the accessory action
cannot be asserted in court; but the main action can be exercised whether or not the
accessory action has been extinguished.

TENTH SECTION
FOUNDING LEGAL TITLE OF THE ACTION

Article 206.- Actions based on legal acts must be attempted by accompanying the
claim with the legal title that establishes them, except as provided in article 1949 of the
Civil Code.

Article 207.- Founding legal title of the action is the public or private document
that, according to the law, constitutes the formality or, where appropriate, the solemnity
of the legal act generating the right that is the subject of the trial.

Article 208.- When the conclusion of a contract has not been recorded with the
formality established by law, either party has the right to demand that the other party
issue the corresponding document; but when this action refers to the lease and the
person who intends to exercise it is the lessor, the lessor will accompany his claim with
the document or documents that accredit him as the owner of the leased property or that
he has the authority to lease, by authorization of the latter or by legal provision. .

Article 209.- In the case of the previous article, if in addition to the action to
extend the document, the plaintiff has one or more other actions arising from the same
contract, he must exercise them in the same lawsuit.

Article 210.- If in the trial referred to in the two immediately preceding articles,
the ruling denies the extension of the title, it will also absolve the defendant of the actions
arising from the contract and exercised at the same time; But if the sentence condemns
with respect to both types of actions, it must be executed first with regard to the
extension of the title.

CHAPTER FOUR
EXCEPTIONS

FIRST SECTION
GENERAL DISPOSITION

Article 211.- Exceptions are the defenses that the defendant can use to prevent,
modify or destroy the action.

Article 212.- To defend against a claim and challenge it, the defendant may:
 I.- Deny or contradict all or part of the points of fact or law on which it is based;

II.- Adduce facts that tend to prevent, modify or destroy the action.

Article 213.- When opposing the exception, the fact of which it consists will be
precisely determined.

Article 214.- Opposing exceptions requires having an interest in them.

Article 215.- The defendant is not obliged to express the name of the exceptions
he opposes.

Article 216.- After the claim has been answered, no exception will be admitted
that does not originate from a supervening cause, nor will the defendant be admitted to
change the opposite exception.

Article 217.- Early waiver, through contract between the parties, regarding the
right to challenge the action or raise exceptions, will not produce effects.

Article 218.- Exceptions are dilatory or peremptory.

Article 219.- Dilatory exceptions are:

I.- The lack of personality in the actor or the defendant;

II.- The others that have the effect of preventing a ruling on the substance of the
business from being issued.

Article 220.- Peremptory exceptions destroy the action.

Article 221.- The dilatory and peremptory exceptions will be proposed at the same
time in the answer and will be ruled on in the final sentence.

SECOND SECTION
PERSONALITY

Article 222.- The following provisions will apply to the personality of the litigants:

I.- It can be challenged:

a).- In complaint against the order that recognizes personality; either

b).- As an exception when answering the claim.

II.- Once personality is challenged by one of the means established in the previous
section, it cannot be challenged by the other.

III.- When the claim has already been answered, the lack of personality has a
supervening cause, it can be challenged in an incident.

IV.- The incident referred to in the previous section will be processed as provided
in articles 632 and 633, but if before the incidental issue is resolved, it is summoned for
ruling in the main case, the procedure in this case will be suspended, so that Both issues
are resolved in a single sentence, and if the lack of personality is declared appropriate, the
principal will also be declared not to be in a position to issue a sentence.
 THIRD SECTION
EXCEPTION OF LITISPENDENCY

Article 223.- Regarding the lis pendens exception, the following provisions will
apply:

I.- Applicable when a Judge already knows about the same business about which
the defendant is sued;

II.- Whoever opposes it must indicate precisely the court where the first trial is
processed, as well as the data necessary to identify it; and

III.- If in the subsequent trial the exception is declared admissible, the sentence,
without deciding on the merits of the matter, will condemn the plaintiff to pay costs, and
will nullify the actions taken in that second trial.

FOURTH SECTION
CONNECTION EXCEPTION

Article 224.- There is a connection between two trials and the accumulation of
proceedings is appropriate in the following cases:

I.- When the respective claims come from the same cause, even when the people
litigating and the assets that are the subject of the claims are different;

II.- When the people and property are identical, although the demands are
different;

III.- When the sentence to be pronounced in one trial must produce res judicata
effects in the other; and

IV.- When by law, a trial must be combined with another of an attractive and
universal nature.

Article 225.- The purpose of the exception of connection is to refer the files in
which it is opposed to the court that ordered the hearing of the related case or to the
attractive trial, as the case may be.

Article 226.- The exception of connection will not be appropriate nor will it be
admitted:

I.- When the lawsuits are in various instances.

II.- When the Judge before whom the judgment on which the accumulation must
be made is followed, is not competent, due to the matter, to hear what the accumulation
is intended to be done.

III.- When both lawsuits have incompatible procedures; and

IV.- When the courts that hear the trials respectively belong to different appeal
courts.
 Article 227.- If the exception of connection is declared appropriate, the ruling,
without deciding the substance of the business, will order the corresponding
accumulation of proceedings.

FIFTH SECTION
EXCEPTION OF res judicata

Article 228.- With the exception of res judicata, the following provisions will
apply:

I.- Res judicata excludes the possibility of re-dealing in court the issue already
resolved by a final judgment.

II.- The Judge must, ex officio, take res judicata into account, if he is aware of its
existence.

III.- If the exception of res judicata is declared inadmissible, the Judge will decide,
in the same resolution, the other issues raised.

CHAPTER FIVE
DEMAND

Article 229.- The demand must be formulated in writing, and it will express:

I.- The Judge before whom it is promoted;

II.- The name and address of the actor;

III.- The name and address of the attorney-in-fact or legal representative of the
plaintiff, or of his patron lawyer, if he has one, who must also sign the complaint;

IV.- The name and address of the defendant or, where appropriate, statement,
under oath of truth, that he does not know that address or that he is an uncertain or
unknown person;

V.- The clear and succinct relationship of the facts on which the plaintiff bases his
claim;

VI.- The object or objects claimed and its accessories;

VII.- The title or titles of the actions that are exercised;

VIII.- The legal foundations, citing the legal precepts, legal principles or applicable
doctrines;

IX.- The jurisprudence that is deemed applicable, citing its meaning, and precisely
designating the enforcement actions that comprise it.

X.- The value of the claim, if the Judge's jurisdiction depends on it;

XI.- What is requested, expressing it with complete accuracy in clear and precise
terms.

Article 230.- The claim must be accompanied by:

 I.- The document or documents that prove the personality of the plaintiff, in the
event that he or she appears on behalf of another person;

II.- The founding document(s) of the action;

III.- Simple copy of the claim document;

IV.- Simple copies of the documents that accompany the claim.

Article 231.- If there are several defendants, a copy, for each of them, of the
copies referred to in the previous article will be attached to the complaint.

Article 232.- The copies referred to in article 230 will be attached to the claim,
regardless of the total number of them.

Article 233.- The copies that accompany the claim must be easily legible.

Article 234.- If the plaintiff does not have at his disposal the documents on which
his action is based, he will designate the file or the place where the originals are located,
so that at his expense a copy of them may be ordered to be issued in the manner that
prevents law.

Article 235.- It is understood that the actor has at his disposal the documents on
which he bases his action, provided that he can legally request an authorized copy of the
originals.

Article 236.- Once the claim has been answered, only documents other than
those included in article 206 will be admitted to the plaintiff.

Article 237.- Judges will reject outright claims that do not comply with the
provisions that govern them; and the complaint appeal proceeds against the order that
rejects the claim.

Article 238.- The Judge, in the order in which he provides the claim, will
previously study his jurisdiction and the personality of the plaintiff. If it decides that it is
competent and that the petitioner has the personality that he or she displays, it will admit
the claim and order the defendant to be summoned, if it complies with the legal
requirements.

Article 239.- Against the order that admits the claim, the complaint appeal is
admissible, only with respect to the part of it that resolves on jurisdiction and personality.

Article 240.- When the defendant resides within the jurisdiction of the Judge
before whom it is proposed, the term to answer the complaint will be nine days.

Article 241.- When the defendant does not reside in the place where the lawsuit is
proposed, the judge must increase the term of the response, at a rate of one day for every
fifty kilometers of distance between the town of his residence and the of the defendant,
adding one more if there is a fraction that exceeds half that distance.

The warrant or dispatch will be delivered to the plaintiff, who must promptly
return the respective certificate.
 Article 242.- If the defendant resides abroad, the Judge, taking into account the
distances and ease of communications, will extend the term of the summons, up to ninety
days.

CHAPTER SIX
EFFECTS OF SITE

Article 243.- The summons will be made to the defendant or defendants.

Article 244.- The effects of the location are:

I.- Prevent the trial in favor of the Judge who makes it;

II.- Subject the defendant to continue the trial before the Judge who summoned it,
except for the right to provoke the restraining order;

III.- Produce all the consequences of the judicial interpellation;

IV.- Impose on the actor and the defendant the duty to appear before the Judge,
when they are summoned by him during the trial.

CHAPTER SEVEN
REPLY

Article 245.- The defendant will formulate his response referring to each of the
facts presented by the plaintiff in the lawsuit, affirming them, denying them, indicating
those that he ignores or referring to them as according to him they occurred; but the facts
regarding which the defendant does not raise explicit controversy will be considered
admitted, without admitting evidence to the contrary. In the written response to the
claim, the provisions of articles 349 and 350 of the Civil Code and section III of article 229
of this Code must be observed, where appropriate.

Article 246.- When the defendant alleges facts incompatible with those referred to
by the plaintiff in the lawsuit, the latter will be considered negative.

Article 247.- The defendant may present what suits him, regarding the factual
and legal points contained in the complaint.

Article 248.- Exceptions, whatever their nature, will be asserted simultaneously

in the response and not after it, unless they are supervenient.

Article 248 bis.- If there is an objection to the documents presented by the

plaintiff in his claim, when the claim is answered, the defendant must express the reason
or cause for his objection, and must announce the evidence to justify it.

Article 249.- In the same response, the defendant may counterclaim the plaintiff.

Article 250.- The pure and simple denial of the right requires the confession of
the facts; but their confession does not imply that the application of the right sought by
the actor is admitted.

Article 251.- The defendant may, when answering the claim, consign what in his
opinion he owes, and the consignment releases the defendant from further liability for the
amount of the sum or assets consigned.
 Article 252.- With the answer, the defendant will attach the document(s) that
prove the personality of the person answering the claim, in the event that he or she does
so on behalf of another person.

Article 253.- If when answering the complaint, the defendant reprimands the
plaintiff, the plaintiff will be notified, summoning him to respond within nine days.

Article 254.- The same requirements as for the claim will be observed in the
counterclaim and articles 208 and 209 are applicable, where appropriate.

Article 255.- The counterclaim will be processed at the same time as the main
business and will be resolved in the same ruling as this.

Article 256.- If the defendant, in the cases permitted by law, intends for a person
who has an interest in him to be heard in the trial, he must state this in the answer.

CHAPTER EIGHTH
RESOLUTION THAT HAS BEEN ANSWERED
THE LAWSUIT AND CONCILIATION

Article 257.- The Judge will consider the claim answered:

I.- When the defendant expressly answers it, and complies with the legal
requirements; and

II.- In the negative sense and in default of the defendant, when he does not answer
it within the term set for him at the summons.

Article 258.- The proceedings in which the answer to a claim is resolved. Whether
it is a counterclaim or not, they will be issued ex officio; and the provisions of the
previous article are applicable to the response to the counterclaim.

Article 259.- When the claim is answered in the negative, successive notifications
to the defendant will be made by list.

Article 259 bis.- If the defendant or defendants expressly acquiesce in their

response to the complaint, the judge must order the document to be ratified by each of
those who sign the response.

Article 260.- In the resolution that considers the claim or counterclaim answered,
the Judge, if requested by one or both parties, will schedule a conciliation hearing in
which he will ensure that they resolve, by common agreement, the issue that is the
subject of the trial. ; But if the Judge considers that the interested parties can reach an
agreement, he may make an appointment for that hearing, even without a party's request.
The summons and conciliation hearing do not suspend the procedure.

In the conciliation hearing referred to in the previous article, the Judge will
ensure at all times that the parties settle, by mutual agreement, the issue at issue in the
trial, for which he must:

I.- Make the parties aware, briefly, of the claims of each of them;

II.- Listen to the opinions and proposals of the interested parties, who may be
advised by their lawyers;
 III.- Make them reflect on the inconvenience of continuing the trial, having the
power to, based on equity and without expressing an opinion on the possible outcome of
the trial, propose alternatives with the aim of agreeing to the parties;

IV.- In family businesses, allow the Public Prosecutor's Office assigned to the court
to assist in the conciliation of the parties, and

V.- In the event that the parties are managed to conciliate, supervise the drafting
of the Agreement that ends the trial, and if it is ratified, is in accordance with the law and
does not harm the rights of the parties or third parties, the Judge must approve it. ,
elevating it to the category of res judicata.

CHAPTER NINTH
WITHDRAWAL OF THE CLAIM OR ACTION

Article 261.- In the withdrawal of the claim or action, the following provisions will
be taken into account:

I.- The withdrawal of the claim, made before the defendant is summoned, does not
extinguish the action; It does not oblige the person who did it to pay costs, and has the
effect of returning things to the state they had before the trial was initiated;

II.- The withdrawal of the action extinguishes it; It does not require the consent of
the defendant, but after the summons is made, whoever withdraws must pay the legal
expenses and costs, and in addition, the damages and losses caused to the defendant,
unless otherwise agreed;

III.- The withdrawal of the claim made after the summons extinguishes the
instance, but not the action, requires the consent of the defendant and produces the
effect that things return to the state they had before their presentation; and

IV.- The withdrawal of the claim or action because the object pursued in the trial
has been achieved produces the effect of ending the trial and extinguishing the action.

CHAPTER TEN
PROOF

FIRST SECTION
GENERAL RULES

Article 262.- To know the truth and better provide, judges or courts may:

I.- Decree that any document they deem appropriate to clarify the rights of the
parties be brought to view, if there is no legal inconvenience.

II.- Decree the practice of any recognition or appraisal deemed necessary.

III.- Bring to view any records that are related to the lawsuit, if their status allows
it.

Article 263.- The actor must prove the facts constituting his actions and the
defendant must prove his exceptions.

Article 264.- Only the facts are subject to proof; The right will only exist when it is
based on foreign laws, uses, customs, or jurisprudence.
 Article 265.- The person who denies is only obliged to prove when the denial
involves the express affirmation of a fact.

Article 266.- In the proceedings referred to in articles 257 to 259, the Judge, ex
officio, will order the trial to be opened to trial, except as provided in the following article.

Article 267.- It will not be appropriate for the trial to be tested:

I.- When the defendant agrees to the claim, or admits the facts stated therein; and

II.- When the controversial issues are of law and not of fact, except as provided for
foreign law.

Article 268.- There is no appeal against the resolution that orders the trial to be
opened to trial.

Article 269.- The ordinary trial period will be thirty days, common to the parties.

Article 270.- The tests must be offered within the first ten days of the ordinary
term and those offered outside of those ten days will be discarded.

Article 271.- With the exception of cases provided for by law, the evidence will be
received within the respective term. Otherwise they will have absolutely no evidentiary
value except in the case of articles 273 and 292.

Article 272.- The Judge may grant a single supplementary term of up to ten days,
to receive the evidence that, offered in time and with the due opportunity, has not been
able to be revealed for reasons independent of the will of the interested parties. This term
is common to the parties.

Article 273.- Documents dated after the expiration of that term or those whose
existence the person presenting them was unaware of are admissible after the term for
offering evidence and before the pleadings, or the hearing, if applicable; and those that
could not have been acquired previously.

Article 274.- Persons who are not parties to the Trial are obliged, at all times, to
provide assistance to the Courts in the investigation of the truth. Persons who must
maintain professional secrecy are exempt from this obligation, in cases where evidence is
sought against the party with whom they are related.

Article 275.- The courts must compel strangers to the trial, by the most effective
means of enforcement, so that they comply with the obligation indicated in the previous
article. In case of opposition, they will hear the reasons on which they are based, and will
resolve without substantiating the article.

Article 276.- Damages or losses caused to persons who are not parties to the trial,
due to appearing or exhibiting goods or documents, will be compensated by the party that
offered the evidence. Compensation, in cases of claim, will be determined incidentally.

Article 277.- The Judge must receive all the evidence offered, if it is recognized by
law.
 Article 278.- The evidence will be received with a summons from the opposing
party, which will be done, at the latest, the day before the day on which it must be
received.

Article 279.- The law recognizes as means of proof:

I.- The confession;

II.- The declaration of parties;

III.- Public and private documents;

IV.- The expert opinion;

V.- Judicial inspection;

VI.- The witnesses;

VII.- Photographs, tapes, fingerprint records and, in general, all those elements
provided by science or technology;

VIII.- The presumptions.

Article 280.- There is no appeal against an order that admits evidence, and a
complaint may be filed against an order that denies its admission.

Article 281.- Acts that, according to the law, must have a certain form may not be
verified by any other means, except in the case of articles 1949 of the Civil Code and 208
and 209 of this Code of Civil Procedures.

Article 282.- The extraordinary term will be granted if evidence has to be given
outside the jurisdiction of the court, and only the evidence for which it was granted will
be received.

Article 283.- The extraordinary term will be:

I.- Fifteen days, if the test has to be given within the territory of the State, but
outside the jurisdiction of the court;

II.- Thirty days, if the test has to be taken within the national territory, but outside
the territory of the State,

III.- One hundred and twenty days, if the test has to be taken abroad.

Article 284.- In order for the extraordinary term to be granted, the following are
required:

I.- That it be requested at the time of offering evidence;

II.- That the names and residences of the witnesses to be examined be indicated,
when the evidence is testimonial.

III.- That, in the case of instrumental evidence, the public or private archives
where the documents that must be certified or presented as originals are located.
 IV.- That the applicant exhibit, in cash or in a deposit note, the amount set by the
judge to guarantee payment of the fine referred to in article 288 of this Code, as well as
the damages that may be caused to the counterpart, in case the test is not taken.

Article 285.- The Judge will decide flatly regarding the request made regarding
the granting of the extraordinary term.

Article 286.- The extraordinary term will run from the day following notification of
the order in which it is granted, without prejudice to the ordinary term being concluded
when appropriate.

Article 287.- The ordinary and extraordinary terms will conclude after the
evidence offered and admitted is submitted, even if the days recorded have not elapsed.

Article 288.- The litigant who has been granted an extraordinary term and does
not take the test that he has proposed, without justifying that he had an impediment, will
be sentenced to pay a fine, from one to one hundred days' salary, which will be set by the
Judge, according to the value or importance of what is claimed in the trial, and the same
penalty will be incurred if the sentence classifies the evidence as inconclusive.

Article 289.- The fine referred to in the previous article will be imposed in the
final sentence, will be made effective by the judge and will be allocated to the Fund for the
Improvement of the Administration of Justice.

Article 290.- If all those interested in the trial request by common agreement that
the legal term be extended, the Judge will so decree outright.

Article 291.- When those interested in the trial request by common agreement
that the evidentiary term be concluded, the Judge will declare it so, even if the indicated
term has not expired.

Article 292.- The evidentiary procedures carried out in other courts, by virtue of
the request of the Judge of the proceedings, will be valid even if they are carried out while
the evidentiary term is suspended, or having already concluded it as long as the
requested person does not have notice to suspend them.

SECOND SECTION
CONFESSION

Article 293.- Litigants are obliged to testify, under protest, about their own facts,
at the request of the party; but they can only be called once at trial or on appeal.

Article 294.- Positions may be articulated to the representative, regarding

personal facts of the latter and that are related to the matter.

Article 295.- It is not permitted to formulate positions to the lawyer regarding his
client's facts.

Article 296.- The assignee is considered as the assignor's attorney.

Article 297.- The assignor must absolve positions when the assignee is unaware
of the facts.

Article 298.- The agent may absolve positions formulated to his principal, if he is
expressly authorized to do so.
 Article 299.- In the case of the previous article, the principal will be considered
confessed to the positions whose facts the representative declares ignorance.

Article 300.- Positions must meet the following requirements:

I.- They must be articulated in precise words and in an affirmative sense.

II.- They do not have to be insidious.

III.- They will refer to material facts.

IV.- The facts referred to must be those of the absolvent.

V.- Each position will contain a single fact, unless one cannot be affirmed without
affirming or denying another.

VI.- The facts contained in the positions must be related to the business being
aired.

Article 301.- Questions that tend to confuse the absolver are insidious, with the
aim of misleading him and obtaining from him a confession contrary to the truth.

Article 302.- Confession only produces effects in what harms the person who
makes it and not in what benefits him.

Article 303.- When the confessional evidence is offered, the list of positions that
must be formulated to the absolver must be accompanied in a sealed envelope, and
without this requirement it will not be admitted.

Article 304.- The envelope referred to in the previous article must be kept in the
Clerk's Office of the Court, with the respective reason recorded on the cover, which will be
signed by the Senior Official or the Secretary, if applicable.

Article 305.- The absolver will be summoned, no later than three days before the
procedure and under warning that he will be declared confessed:

I.- If you do not appear at the hearing; and

II.- If appearing through an agent, he declares ignorance of the facts to which one
or more positions refer.

Article 306.- If the absolvent appears on the appointed day and time, the Judge,
in his presence, will open the document, will rule on the positions and before proceeding
to the interrogation will qualify the questions in accordance with article 300.

Article 307.- Once the absolver has protested to tell the truth, the Judge will
proceed to the interrogation, recording the answers literally.

Article 308.- The Judge, the absolver, where appropriate the articulator, and the
Secretary, once the procedure for acquitting positions is concluded, will sign the
declaration and outside the statement of positions.
 Article 309.- If the absolvent does not know how to write, he or she will stamp his
or her fingerprint; But if you refuse to do so or to sign if you know how to write, this
refusal will be recorded.

Article 310.- The articulator may ask any new questions that suit him during the
proceedings, which will be qualified by the Judge.

Article 311.- In the case of legally proven illness of the person who must testify,
the Judge, assisted by the Secretary, will go to the place where he is, where the procedure
will be carried out, with the presence of the articulator, if in the Judge's opinion the
absolvent can declare.

Article 312.- If the person who must absolve positions does not reside in the place
of the trial, the Judge of the place where he resides will receive the confessional evidence,
to whom, after summoning the opposing party, an appeal will be issued if that place is
outside the State. of Puebla or official if it is a State Judge; The Judge of the proceedings
will qualify the positions and only he will be able to declare confession to the person to
whom they were articulated.

Article 313.- The absolvent will not be allowed to be assisted by his lawyer,
attorney or any other person, nor will he be given a transfer, a copy of the positions or
time to obtain advice; but if the absolvent does not speak Spanish, he may be assisted by
an interpreter, who will be appointed by the Judge.

Article 314.- The absolver's answers must be affirmative or negative, and he may
add the explanations he deems appropriate or those that the Judge requests.

Article 315.- In the event that the absolvent refuses to answer or his answers are
evasive, the Judge will warn him to consider him confessed about the facts regarding
which he does not declare or his answers were not categorical; If the refusal is based on
the illegality of the positions, the Judge will decide immediately in accordance with
articles 300 and 301, basing his resolution, against which there is no appeal.

Article 316.- In the act of diligence of positions, the Judge or Court may question
the parties about the facts and circumstances that are conducive to the investigation of
the truth, and the result will be recorded in the minutes.

Article 317.- The non-attendance of the articulator to the diligence of positions

does not prevent the receipt of proof of confession.

Article 318.- If the absolvent does not appear, the Judge will declare him
confessed to the positions that are classified as legal.

Article 319.- The statement in which the absolver is considered to have confessed
will be made ex officio by the Judge, at the time of the procedure.

Article 320.- A complaint may be filed against the order that declares the
absolvent confessed, and against the order that denies this declaration.

Article 321.- The articulator will be considered to have confessed regarding the
facts that he affirms in the positions.

Article 322.- The Deputies, Governor, Magistrates of the Superior Court of Justice
and the State Electoral Court, Attorney General of Justice, Citizen's Attorney, Office
Secretaries and Heads of Entities of the Parastatal Public Administration, will not absolve
positions in the manner that The previous articles establish, but the opposing party may
request that they be given a free hand, inserting the questions they want to ask so that,
in the form of a report, they are answered within the term designated by the Court, which
may not exceed ten business days. .

Article 323.- In the official letter referred to in the previous article, the acquitting
party will be warned to consider it confessed if it does not answer within the established
term, or if it does not do so categorically affirming or denying the facts.

Article 324 - Against the facts affirmed by a party in any writing or action, the
party may not provide any evidence.

Article 325.- When the trial continues in absentia, the summons to absolve
positions will be made three consecutive times in the newspaper with the greatest
circulation in the place, in the opinion of the Judge.

THIRD SECTION
DOCUMENTARY EVIDENCE

Article 326.- The following are public documents:

I.- The testimonies of deeds authorized by notaries or Judges in accordance with

the laws.

II.- Those issued by public officials in the exercise of their functions.

III.- The minute books, records, cadastres and other documents found in public
archives.

IV.- The certifications of records existing in the same files.

V.- The certifications of those in charge of the parish archives, issued after the
establishment of the Civil Status Registry, and related to the entries made in those
archives, before such establishment, if they are collated by a Notary.

VI.- The certifications of records of the Civil Status Registry issued by those in
charge of that Registry, with respect to records existing in its books.

VII.- Judicial proceedings.

VIII.- The others that have that character in accordance with the Law.

Article 327.- Private documents are those that are not included in the previous
article.

Article 328.- Whoever offers the documentary evidence must exhibit it, and only
in the event that he cannot obtain it directly, the following provisions will apply:

I.- If you are in the same Court, the Secretary will be ordered to make the
corresponding certification;

II.- If the documents are found in books or papers from commercial houses or
from any industrial or mining establishment, or of any other nature, whoever requests the
document or certificate must specify precisely which one it is, and the witnessed copy will
be will be taken in the establishment itself, without those in charge of it being obliged to
take those books or papers to the Court.

III.- Those who are strangers to the trial are not obliged to exhibit private
documents of their exclusive property, except for the right of the person who needs them;

IV.- If the documents are not those of the person in whose possession they are
found, but of one of the litigants, there will be the right to demand their exhibition,
certifying them in the records and returning the originals.

V.- If the documents are in a public office at the place of the trial, the Judge will
request, at the offeror's expense, a certified copy of the supporting documents;

VI.- Documents that are within the territory of the State of Puebla, but outside the
place where the trial is being held, will be certified by means of a document sent by the
Judge of the proceedings to the judge of the place where they are located;

VII.- If the documents are found outside the State, they will be certified by letter
addressed to the corresponding Judge;

VIII.- In the case of section III of this article, if the person required for the
exhibition opposes it, the Judge, hearing the opponent and the parties in a hearing, will
resolve the appropriate matter within three days and against this resolution is not subject
to appeal.

Article 329.- The documents presented with the claim or with the response will be
taken as evidence, without the need for further management by the interested parties.

Article 330.- The private documents and correspondence of one of the interested
parties that are presented by the other, will be recognized by the former to be authentic.
For this purpose, you will be summoned three days in advance, with the warning that if
you do not appear, you will be considered recognized.

Article 331.- If the aforementioned appears, the originals will be shown to him, so
that he can state whether he recognizes them both in his signature and in its content. If
they do not appear, they will be recognized ex officio at the time of the procedure.

Article 332.- If the aforementioned does not know how to sign or someone else
has done it for him, he will be given knowledge of the content for the purpose of
recognition.

Article 333.- Except for the exceptions established by law, only the person who
signs it can recognize a private document; the one who orders it to spread; or their agent,
whose power contains a special clause.

Article 334.- Private documents that do not come from the parties must be
recognized by their authors, who will be examined in the manner established for
testimonial evidence.

Article 335.- Legalization is not required for public documents of the Federation,
another State or the Federal District to be authenticated in the State.

Article 336.- Instruments from abroad need, to have faith in the State, to be
legalized in accordance with federal laws.
 Article 337.- Documents written in a foreign language will be presented as
originals, accompanied by their Spanish translation. If the opposing party agrees, the
translation will be carried out; and if it is not, the Judge will appoint a translator.

Article 338.- A comparison may be requested if the authenticity of a private

document is denied or ignored, following the rules of expert evidence.

Article 339.- The following are considered indubitable for the comparison:

I.- The documents that the parties recognize as such, by common agreement.

II.- Private documents whose handwriting or signature has been recognized in

court by the person to whom the dubious document is attributed.

III.- The contested writing, in the part that the person whom it harms recognizes
as his or her handwriting.

IV.- Signatures placed on public documents, or in judicial proceedings in the

presence of the Secretary, by the person whose signature and handwriting are being
verified.

Article 340.- The Judge may carry out the verification himself after hearing the
experts, and may order that the comparison be repeated by other experts, and will
prudently evaluate the result of this test.

Article 341.- Telegrams will be considered public or private documents depending

on whether they are signed by public officials in the exercise of their functions, or by
individuals; But if the authenticity of the telegram is denied, it will be verified and for this
purpose the authority or person to whom it is attributed will be asked to ratify or rectify
it.

FOURTH SECTION
EXPERT EVIDENCE

Article 342.- The person who offers the expert evidence will designate the
corresponding expert; It will separately present the specific points that the experts must
resolve, and will include a copy with which it will be sent to the other party.

Article 343.- Each party will appoint an expert, unless they agree on the
appointment of only one.

Article 344.- If there are more than two litigants, one expert will be appointed for
those who support the same claims, and another for those who contradict them.

Article 345.- In cases in which the litigants have a common representative, the
latter will appoint the corresponding expert, except with respect to those who have
exercised the right granted to them in article 11.

Article 346.- If those who must appoint an expert cannot agree, the Judge will
appoint one from among those proposed by the interested parties.

Article 347.- Experts must have a professional license in the science or art to
which the point to be heard in court pertains, if the profession, art or trade in question is
legally regulated; Otherwise, they must comply with the requirements contemplated in
other regulations, for the normal provision of their services.
 Article 348.- If the profession or art is not legally regulated or if there are no
experts in place, any knowledgeable person may be appointed.

Article 349.- In the same order in which the evidence is accepted, the Judge will
appoint a third expert in disagreement; will grant the counterparty of the person offering
the evidence a period of three days to add the questionnaire with the questions that
interest him, which must necessarily refer to the evidence offered, and will prevent him
from appointing his expert within the same period. .

Article 350.- A copy of the additions to the questionnaire will be displayed for
transfer.

Article 351.- The experts appointed by the parties will be presented by them to
the Court, within the next three days of having them as such, so that they can state
whether they accept and protest to perform the position. The experts appointed by the
Judge will be personally notified of their appointment, for the indicated purposes.

Article 352.- The Judge will give the experts a prudent deadline to present their
opinion.

Article 353.- If the expert opinion of one of the parties is not presented, the latter
will be deemed to agree with that provided by the opponent's expert.

Article 354.- When the expert reports are in disagreement, the Judge will ex
officio order that the third expert in disagreement be transferred, so that he can issue his
own within the period set for him.

Article 355.- If the third expert in disagreement does not render his opinion in a
timely manner, the Judge will evaluate the opinions rendered, in accordance with article
434, without prejudice to imposing disciplinary correction on him.

Article 356.- If any of the parties request it and the nature of the business allows
it, and if the Judge deems it necessary, he will indicate a place, day and time, for a
procedure to be carried out that the same Judge will preside over, in which all
participants attend. the parties and the experts, and the Judge may demand from them
all the clarifications he deems appropriate.

Article 357.- The third expert appointed by the Judge may be challenged for
cause within two days following the day in which his appointment is notified to the
litigants, for the same reasons that judges may be.

Article 358.- At the request of any of the parties, or to better provide, the Judge
may request a report from the corresponding academy, college or official corporation,
when the expert opinion requires special operations or scientific knowledge.

Article 359.- The fee of each expert will be paid by the party that appoints him,
and that of the third party in disagreement, or of the experts appointed by the Judge to
better provide, will be paid by both parties, without prejudice to the provisions of the final
ruling on costs.

FIFTH SECTION
JUDICIAL INSPECTION
 Article 360.- The judicial recognition or inspection must be carried out ex officio,
if the judge deems it necessary, or at the request of a party, provided that, in the latter
case, the offeror indicates the specific points that are the object of the inspection and the
purpose of the inspection is create conviction in the Judge of real aspects or material
issues, capable of being appreciated with the senses.

Article 361.- Judicial recognition or inspection will always be done with prior
summons.

Article 362.- The recognition or inspection procedure will be subject to the

following terms:

I.- The offeror or his representatives may attend the recognition procedure on the
day, time and place indicated, and may make any observations they deem appropriate,
and

II.- The counterparty, its representatives and lawyers, may attend the proceedings,
after identification, and make any observations they deem appropriate.

Article 363.- A detailed record will be drawn up of the proceedings, which will be
signed by those who attend.

Article 364.- At the discretion of the Judge or at the request of a party, plans will
be drawn up or photographs will be taken of the place or object inspected.

SIXTH SECTION
TESTIMONY

Article 365.- Anyone who does not have a legal impediment is obliged to testify as
a witness.

Article 366.- The following cannot be witnesses:

I.- Minors under fourteen years of age, unless they are cases of essential necessity;

II.- Those who are included in sections II to IV of article 42 of the Civil Code.

III.- Those who have been convicted of the crime of falsehood.

IV.- Relatives by consanguinity within the fourth degree and by affinity within the
second, unless the judgment concerns age, kinship, filiation, divorce, annulment of
marriage, rectification of records or birth registration.

V.- It is repealed;

VI.- Those who have direct or indirect interest in the lawsuit.

VII.- Those who live at the expense or salary of the person presenting them, with
the exception of divorce trials, in which their testimony is admissible.

VIII.- The manifest enemies of any of the parties.

IX.- The Judge in the lawsuit in which he has resolved some substantial point.

X.- The lawyer and the agent in the business in which they are or have been.
 XI.- The guardian and the curator for the minors, and the latter for the minors, as
long as the guardianship accounts are not approved.

XII.- It is repealed;

XIII.- The intimate friends of whoever presents them.

XIV.- It is repealed, and

XV.- It is repealed.

Article 367.- The examination of witnesses will be subject to the interrogations

presented by the parties.

Article 368.- When the testimonial evidence is offered, the interrogation to which
this evidence will be subjected will be displayed, with a copy for transfer, without which
requirements it will not be admitted.

Article 369.- The Judge will qualify the Interrogation in accordance with article
371; will set a date for its release and will order a copy to be given to the other party,
summoning it, as well as the witnesses, no later than the day before the day on which the
procedure must be carried out.

Article 370.- Litigants may submit cross-examinations before beginning the

procedure in which the witnesses are examined.

Article 371.- Questions and cross-questions must be written with clear and
precise words, and each one will contain a single fact. If it contains more than one fact,
the Judge will divide them into the necessary number of questions.

Article 372.- The cross-examinations that are previously presented will be

reserved in the power of the Secretary under his responsibility, until the moment of
examination of the witnesses.

Article 373.- Witnesses who, without legal cause, refuse to testify may be urged
by the Judge.

Article 374.- For people over sixty years of age and the sick, the Judge may,
depending on the circumstances, receive the statement at the declarant's home.

Article 375.- The Deputies, Governor, Magistrates of the Superior Court of Justice
and the State Electoral Court, Attorney General of Justice, Citizen's Attorney, Office
Secretaries and Heads of Entities of the Parastatal Public Administration, will have their
statement taken ex officio , at the request of the offeror and in accordance with the
interrogatory that must be presented with its request, which will be qualified by the Judge
in accordance with article 371 of this Code and that must be answered within the term
designated by the Court, which may not exceed ten business days.

Article 376.- If the witness does not reside in the place of the trial, he or she will
be examined by the Judge of the place where he or she resides, to whom, upon
summoning the opposing party, a warrant will be issued if he or she resides outside the
State of Puebla or an official letter if he or she resides. It is about a State Judge. With the
letter or exhortation, the questions and cross-questions that have been presented will be
accompanied in a closed document, already qualified.
 Article 377.- Witnesses will testify under oath of truth; But before they make said
protest, they must be instructed about the sanctions that the law establishes for those
who produce falsely.

Article 378.- Protests will not be required from those under sixteen years of age,
but they will be urged to declare the truth.

Article 379.- The witness will respond orally, without using any draft to formulate
his answers and without the help of any person. When the question or answer refers to
books, accounts or papers, the witness may be allowed to consult them for the answer.

Article 380.- The witness must identify himself to the satisfaction of the Judge
and the means of identification used will be recorded in the minutes.

Article 381.- The parties may attend the interrogation of witnesses; but they will
not be able to interrupt them, nor ask them other questions than those formulated in
their respective interrogations.

Article 382.- Only when the witness fails to answer a point or has incurred a
contradiction or has expressed himself with ambiguity, can the parties draw the attention
of the Judge, so that the Judge, if he deems it appropriate, may demand the appropriate
clarifications from the witness.

Article 383.- The witnesses will be examined separately and successively, without
some being able to hear the statements of the others, observing the provisions of the
following article.

Article 384.- The Judge will set a single day for the witnesses who must testify in
accordance with the same interrogation to appear, and will designate the place where they
must remain until the conclusion of the procedure, except as provided in articles 375 and
376. .

Article 385.- When it is not possible to complete the examination of the witnesses
in a single day, the procedure will be suspended to continue it the next day.

Article 386.- At the time of receiving the testimonial evidence, the Judge may ask
the witnesses any questions he deems appropriate and that refer to the facts contained in
the interrogations.

Article 387.- If the witness does not know the Spanish language, he or she will
give his or her statement through an interpreter appointed by the Judge.

Article 388.- In the case of the previous article, if the witness or any of the parties
request it, in addition to stating the witness's statement in Spanish, it may be written by
him or by the interpreter in the witness's own language.

Article 389.- The witnesses' statements will be recorded in their presence, literally
and without abbreviations, and they may dictate or write them themselves.

Article 390.- The witness may read his statement for himself and must sign it,
first ratifying its content. If you do not know or cannot read or write, the statement will be
read by the Secretary and the witness will put his or her fingerprint, unless it is
impossible to do so, stating this circumstance.
 In the event of the witness's refusal to sign or print his or her fingerprint, this
circumstance will be recorded in the respective record.

Article 391.- Once the witness's statement is signed, it cannot be changed either
in its substance or in its wording.

Article 392.- Witnesses are obliged to give the reason for their statement, and the
Judge must demand it, even if it is not requested during the interrogation.

Article 393.- Immediately after the witness answers each question, he or she will
answer the relative cross-questions.

Article 394.- Witnesses will always be asked about the following points, even if
they are not understood during the interrogation:

I.- Your name, age, marital status, occupation and address.

II.- If they are relatives of any of the litigants and to what degree.

III.- If they have a direct or indirect interest in the lawsuit or in another similar
one.

IV.- If they are close friends or enemies of any of the litigants.

Article 395.- Regarding the facts that have been the subject of one interrogation,
another cannot be presented.

Article 396.- The expenses incurred by witnesses and the damages they suffer for
testifying will be paid by the party that proposed them, except for what is decided on
condemnation of costs.

Article 397.- The parties may present up to three witnesses for each interrogation.

SEVENTH SECTION
DECLARATION OF THE PARTIES

Article 398.- The parties may request, once only, that the counterparty
personally, or through an expressly authorized representative, declare on facts that are
not their own, related to the business.

Article 399.- When the evidence is offered, the interrogation to which the
counterparty will be subjected will be displayed. If it is presented closed, it must be kept
in the Court Clerk's Office, with the corresponding reason recorded on the cover.

Article 400.- The questions must refer to facts that do not require you to answer
them and meet the requirements set forth in sections I, II, III, V and VI of article 300.

Article 401.- The person who must testify will be summoned at least three days in
advance, and under the warning that the questions will be considered answered in the
affirmative and that there is a well-founded reason for his statement:

I.- If you do not appear at the hearing or

II.- If appearing through an agent, he declares ignorance of the facts to which one
or more questions refer.
 Article 402.- In the event that the cited party appears and refuses to testify or
does not answer categorically, the Judge will warn him or her to consider the questions
answered in the affirmative, and that there is a well-founded reason for his statement.

Article 403.- The Judge, at the time of the procedure, and ex officio, will give
effect to the warnings referred to in the two previous articles, and against his resolution,
whether or not he has answered the questions in the affirmative, he proceeds. complaint.

Article 404.- The following provisions are also applicable to the declaration of the
parties:

I.- Once the declarant has protested that he is telling the truth, the Judge will
proceed to the interrogation, recording the answers literally;

II.- The Judge, the declarant, where appropriate the person who offered the
evidence and the Secretary, once the statement has been concluded, will sign the minutes
of the proceedings and in the margins of the list of questions.

III.- If the declarant does not know how to write, he or she will stamp his or her
fingerprint; But if you refuse to do so or to sign if you know how to write, this refusal will
be recorded.

IV.- In case of legally proven illness, of the person who must testify, the Judge,
assisted by the Secretary, will go to the place where he is, where the procedure will be
carried out, with the presence of both parties, if in the opinion of the Judge no There is a
downside to this.

V.- The declarant will not be allowed to be assisted by his lawyer, attorney or any
other person, nor will he be given a transfer, a copy of the questions or time to obtain
advice.

VI.- Notwithstanding the provisions of the previous section, if the declarant does
not speak Spanish, he may be assisted by an interpreter appointed by the Judge.

VII.- The declarant's answers must be affirmative or negative, and he may add the
explanations he deems appropriate or those that the Judge requests.

VIII.- The Deputies, Governor, Magistrates of the Superior Court of Justice and
the State Electoral Court, Attorney General of Justice, Citizen's Attorney, Office
Secretaries and Heads of Entities of the Parastatal Public Administration, will have their
statements taken ex officio, in accordance with article 322 of this Code.

IX.- If the party who must testify does not reside in the place of the trial, he or she
will be examined by the Judge of the place where he or she resides, to whom, upon
summoning the opposing party, a warrant will be issued if he or she resides outside the
State of Puebla or an official letter if This is a State Judge. With the letter or exhortation,
the questions that have been presented will be accompanied, in a closed document,
already qualified.

EIGHTH SECTION
SHORTNOTES, PHOTOGRAPHS AND ELEMENTS CONTRIBUTED BY SCIENCE
 Article 405.- To prove the facts or circumstances that are related to the issue
being discussed, the parties may present photographs, tape recordings, cinematographic
tapes or other means of reproduction, as well as fingerprint records, stenographic notes
and computer systems.

Article 406.- The Judge, according to his prudent discretion, will admit or deny
the evidence and will grant the party presenting it a period of time to provide the Court
with the necessary devices or elements, so that the value of the records can be
appreciated and reproduced. the sounds and figures.

Article 407.- If applicable, the Judge will indicate the place, day and time so that
the reproduction can be carried out in the presence of the parties.

Article 408.- The stenographic notes will be accompanied by their translation,

specifying the system used.

Article 409.- In any case in which special technical knowledge is needed, for the
appreciation of the means of proof referred to in this chapter, the Judge may be assisted
by a technical advisor, who will be designated in the manner provided for the expert
evidence. .

SECTION NINTH
PRESUMPTIONS

Article 410.- Presumption is the consequence that the law or the Judge deduces
from a known fact, to find out the truth of another unknown fact; The first is called legal
and the second human.

Article 411.- There is a legal presumption:

I.- When the law expressly establishes it.

II.- When the consequence arises immediately and directly from the law.

Article 412.- There is human presumption when from a duly proven fact, another
is deduced that is an ordinary consequence of that fact.

Article 413.- He who has a legal presumption in his favor is only obliged to prove
the fact on which the presumption is based.

Article 414.- Evidence against legal presumption is not admitted:

I.- When the law expressly prohibits it.

II.- When the effect of the presumption is to annul an act or deny an action, except
in the case in which the law has reserved the right to prove.

Article 415.- The other presumptions admit evidence to the contrary.

Article 416.- Human presumptions will not serve to prove those acts that,
according to the law, must be recorded in a special form, unless otherwise provided by
law.

Article 417.- The interested parties, when offering proof of presumptions, must
express precisely the facts from which the conclusions that constitute them are derived.
 TENTH SECTION
VALUE OF TESTS

Article 418.- The judicial confession of a person capable of being bound, made
with full knowledge and without coercion, constitutes full proof.

Article 419.- The facts of the litigants, asserted by themselves in any writing or
action, will be full proof against whoever exposes them, without the need for a request in
this regard.

Article 420.- When the confession expressed and ratified in court presence affects
the entire claim, the controversy will be concluded; The sentence will be pronounced
without further ado, and execution will proceed by whoever corresponds.

Article 421.- If only part of the claim is confessed, no evidence to the contrary
regarding the confessed facts will be admitted.

Article 422.- Confession only produces effects in what harms the person who
makes it and not in what favors him.

Article 423.- The fictitious confession produces legal presumption; but this
presumption can be refuted by any of the other evidence presented at the trial.

Article 424.- Public documents are full proof.

Article 425.- The opposing party may accuse public documents of being false and
request their comparison with the matrices. If there is non-conformity with the originals,
those of probative value in the part in which there is no conformity will lack.

Article 426.- Judicial proceedings constitute full evidence.

Article 427.- Private documents coming from the parties will be full evidence
when they are not objected or when they are legally recognized.

Article 428.- The recognition of documents made by the executor is full proof, and
it is also made by the heir as far as he is concerned.

Article 429.- Private documents coming from strangers to the trial, not recognized
or objected to, will constitute human presumption.

Article 430.- The document presented by a litigant fully proves against him, in all
its parts, even if he does not recognize it.

Article 431.- The books or technical instruments that contain information on

merchants will have the evidentiary value attributed to them by the Commercial Code.

Article 432.- The Judicial inspection will make full evidence.

Article 433.- The evidence referred to in article 405 of this Code will be qualified
by the Judge in accordance with the rules of logic and experience; But if technical or
scientific knowledge is required for its improvement, the Judge must also take into
account the origin or source from which it comes and, where appropriate, the assessment
rules applicable to the evidence that is most similar.
 Article 434.- The probative value of the expert opinions will be estimated by the
Judge, according to the circumstances.

Article 435.- The appraisal made by a single expert designated by both parties
will be considered the price of the valued asset.

Article 436.- If each party appoints an expert, and those appointed agree on the
appraisal, this will be the price of the valued asset, but if there is a difference of less than
ten percent between the appraisals, the average of the two appraisals will be taken and if
If the difference is greater, a new appraisal will be carried out by the third party expert in
disagreement, and the price will be the average of the three appraisals.

Article 437.- The testimonial evidence will be estimated by the Judge, taking into
account the following circumstances:

I.- That with respect to each fact there is the statement of at least two witnesses.

II.- That each witness knows the fact for himself.

III.- That the witnesses agree on the essence of the fact even if they differ on the
accidents.

IV.- That the testimony of the witnesses is clear and precise.

V.- That due to their probity, independence of their position and personal
background, the complete impartiality of the witnesses can be presumed.

VI.- That there is no legal impediment in the witness.

Article 438.- A witness gives full evidence, when both parties agree to go by his
statement.

Article 438 bis.- The statement of a witness who meets the requirements of
sections II, III, IV, V and VI of article 437, will constitute human presumption.

Article 439.- The "juris et de jure" presumptions constitute full proof in any case.

The presumptions "juris tantum" are full proof until the contrary is proven.

Article 440.- The testimony of a party is full proof insofar as it harms its author.

Article 441.- In the case provided for by articles 401 to 403, the testimony of a
party will have the value of a legal presumption; but this presumption can be refuted by
any of the other evidence presented at the trial.

Article 442.- Judges, depending on the nature of the facts, their evidence and the
more or less necessary link that exists between the known truth and the truth sought,
will discretionally appreciate the value of human presumptions.

Article 443.- The offer, reception and evaluation of evidence will be done ensuring
that the real truth prevails over the formal truth.

Article 444.- Tests given in violation of the provisions of this Code will have no
legal value.
 ELEVENTH CHAPTER
STUCKS

Article 445.- Within three days following the day in which the witnesses have
testified, the parties may cross them out:

I.- For reasons that the witnesses have not expressed in their statements and that
are contained in article 366;

II.- If they declared for bribery.

Article 446.- The marks must be contracted, exclusively, to the persons of the
witnesses.

Article 447.- Any defects in the statements of the witnesses or in the form of the
statements will be the subject of the allegations.

Article 448.- The following are not objectionable:

I.- The witness who is linked to both parties by the same relationship; and

II.- The witness that has been accepted by both parties.

Article 449.- The Judge will not ex officio reject the witness, and even if a blemish
appears in the record, his statement will be received, but the impediment will be taken
into account for its qualification in the sentence.

Article 450.- In the incident of blemishes, the following provisions will apply:

I.- The counterparty will be sent to respond within three days;

II.- The evidence of both parties must be offered in the written statement of
objections and in their response respectively;

III.- Once the tainted document has been answered or the period granted to
answer it has elapsed, the Judge will ex officio summon a hearing, within eight days in
which the evidence offered will be received; and

IV.- The witnesses who testify in this incident are not impeachable.

Article 451.- The Judge will appreciate the blemishes in the final sentence.

CHAPTER TWELFTH
ALLEGATIONS AND SUMMONS FOR SENTENCE

Article 452.- Once the trial period has concluded and, where applicable, the
terms granted in accordance with articles 272, 282 and 283, or the hearing ordered by
section III of article 450 has been held, the parties may allege in writing within five days,
without the need for a resolution from the Judge in this regard.

Article 453.- After the five days referred to in the previous article, whether or not
the parties have pleaded, the Judge will ex officio summon the sentence, which he will
dictate within the term of law.

CHAPTER THIRTEENTH
 JUDGMENT

Article 454.- The sentence will deal exclusively with the deduced actions and the
opposing exceptions.

Article 455.- When dilatory and peremptory exceptions have been opposed, the
following provisions will be applied in the sentence:

I.- The Judge will first examine the dilatory objections and if he deems them
appropriate, he will declare that they cannot be resolved on the merits of the matter.

II.- If the dilatory exceptions are declared inadmissible, the Judge will issue the
appropriate final sentence.

Article 456.- When the actor does not prove his action, the defendant will be
acquitted.

Article 457.- The following rules will be observed when drafting sentences:

I.- The Judge will begin by stating the place and date on which the ruling is
issued, the names, surnames and addresses of the litigants and their representatives, the
names of their employers and the object and nature of the trial.

II.- Under the word "Resulting" it will be stated, in a concise and clear manner, in
numbered paragraphs, what is relevant to the facts referred to in the complaint and in the
response; In equal terms, it will establish the points related to the counterclaim,
compensation and other exceptions, and will mention the evidence provided by each of
the parties.

III.- Next, under the word "Considering", you will express clearly and concisely, in
numbered paragraphs, the legal points that you deem appropriate and the citations of
laws, jurisprudence, general principles or doctrines that you deem applicable; but the
Judge may not support the sentence on theories or doctrines that do not refer to the
actions taken or the opposing exceptions.

IV.- He will estimate the value of the evidence, establishing the principles on which
it is based, to admit or reject those whose qualification the law leaves to his judgment and
will express the reasons on which it is based, to make or not to make the sentence for
costs. .

V.- He will finally pronounce the ruling, declaring the right, acquitting or
condemning, as appropriate in accordance with the considerations made.

VI.- When there have been several points in dispute, the operative part
corresponding to each of them will be pronounced, with due separation.

VII.- If there is a condemnation of damages, the amount will be set in liquid

amount or, at least, the bases will be established according to which the liquidation must
be made.

VIII.- If applicable, it will set the period within which the conviction must be
fulfilled.
 IX.- It will express the name and surname of the Judge or the magistrates who
handed down the sentence, indicating in the latter case who the Speaker was, and will
end with the name, signature and certification of the Secretary.

Article 458.- In the resolutions that decide a complaint or an appeal, the form
established in the previous article will be followed, and the corresponding declaration will
be made in the ruling, according to the nature of the appeal.

Article 459.- For there to be a ruling in the Chambers of the Court, at least the
vote of the magistrates is required, and the following provisions are also applicable:

I.- If there is no majority, two magistrates will be called in the order established by
the Organic Law of the Judiciary.

II.- The designation will be made known to the parties, so that within forty-eight
hours they can exercise, if applicable, the right to challenge; and

III.- If there is no majority, the opinion of the Speaker will be submitted to the full
Court, and if it is not approved, it will decide which of the other propositions will
constitute the sentence.

Article 460.- All the judges, even if they do not agree, either with the recitals or
with the operative part, must sign the sentence and then the dissident or dissidents will
record their dissenting vote, signed with their signatures.

CHAPTER FOURTEEN
CLARIFICATION OF SENTENCE

Article 461.- Clarification proceeds when there is contradiction, obscurity or

ambiguity in the operative part, or when a point has been omitted to be resolved.

Article 462.- Clarification can only be requested once against each sentence.

Article 463.- Clarification will be requested in writing before the same Judge or
Court that issued the resolution, within two days following notification.

Article 464.- If the purpose of the clarification is the form of condemnation to the
payment of damages, provided for in section VII of article 457, whoever promotes it must
expose the bases that, in his opinion, must be established for the liquidation. , and
accompany 105 data leading to that end. If the presentation of these bases is omitted, the
Judge will prevent the appellant from correcting this omission within three days, and if he
does not do so, the clarification will be discarded.

Article 465.- With the promotion, the opposing party will be seen for three days

Article 466.- The clarification will be resolved within a period of three days and no
appeal will be admitted against the resolution issued.

Article 467.- The order that clarifies the sentence will be considered an integral
part of it.

Article 468.- Whenever the courts decide that the clarification requested is not
appropriate and judge that the request was made maliciously, they will impose a fine of
up to twenty days of minimum wage.
 Article 469.- The request for clarification interrupts the period indicated for the
filing of appeals, without counting the days elapsed due to the clarification.

CHAPTER FIFTEENTH
EXECUTIVE RESOLUTIONS

Article 470.- Cause enforcement:

I.- The resolutions expressly consented to by the parties.

II.- Resolutions against which the law does not grant appeal.

III.- Resolutions that have not been appealed in a timely manner, or when the
appeal is declared inadmissible or is discarded.

IV.- The sentences handed down by the justices of the peace.

V.- The resolutions that decide a complaint appeal.

VI.- Sentences handed down on appeal.

CHAPTER SIXTEENTH
RESOURCES

FIRST SECTION
REVOCATION

Article 471.- Revocation proceeds, unless the law denies the appeal, against
resolutions that cannot be appealed in appeal or complaint.

Article 472.- The revocation must be requested within two days following the
notification and its processing does not suspend the procedure.

Article 473.- In the same document in which the appeal is filed, the grievances
will be expressed, clearly indicating the fact or facts that constitute the violation, the legal
provisions that are considered violated and the concept of violation, and a copy will be
attached. for transfer, without which requirements it will be discarded outright.

Article 474.- Once the appeal is admitted, it will be sent to the counterparty to
respond within two days, and once this term has concluded, the Court, without the need
for a petition, will issue the corresponding resolution.

Article 475.- There is no appeal against the resolution that admits or resolves the
revocation.

Article 476.- Against the order that denies the admission of the revocation, the
complaint appeal is appropriate if it was issued by a Judge of first instance; but it does
not admit appeal if it was issued in the second instance.

SECOND SECTION
APPEAL

Article 477.- The appeal proceeds against final or interlocutory sentences.

 Article 478.- The purpose of the appeal is for the superior to revoke or modify the
sentence.

Article 479.- If the sentence consists of several propositions, it may be accepted

with respect to some and appealed with respect to others, and in this case the second
instance will deal only with the appealed propositions.

Article 480.- The appeal against a final sentence suspends the execution of the
appealed resolution.

Article 481.- The appeal against an interlocutory ruling does not suspend the
execution of the appealed resolution.

Article 482.- The term for filing an appeal is twelve days, counted from the day
following notification of the appealed sentence, if it is final, and nine days if it is
interlocutory.

Article 483.- The appeal must be filed in writing, before the Judge who
pronounced the sentence.

Article 484.- In the document in which the appeal is filed, the appellant will
clearly explain the grievances that in his opinion the sentence causes him. Each grievance
will be expressed separately, indicating the fact that constitutes the violation, the legal
provisions violated and the concepts of violation; and the copies necessary for the transfer
will be accompanied.

Article 485.- The Judge will order a transfer, with the written expression of
grievances, to the appellant's counterpart, so that he or she can respond within six days.

Article 486.- If the copies are not shown for the transfer, the appellant will be
required to do so within the next two days, warning him that if he does not show them the
appeal will be considered not filed.

Article 487.- If after the period indicated in the previous article, the copies have
not been exhibited, the Judge will issue the warning ex officio, and there is no appeal
against this resolution.

Article 488.- In the document filing the appeal, the appellant will indicate the
address to receive notifications in the appeal and the other parties will do the same in the
document answering grievances.

Article 489.- If the parties or any of them do not comply with the provisions of the
previous article, the notifications that correspond to them in the appeal will be made in
accordance with the rules for notifications that should not be personal.

Article 490.- The party that obtained may, when answering the grievances, join
the appeal and express the grievances that matter to its right.

Article 491.- Of the document in which the counterparty adheres to the appeal,
the appellant will be sent to respond within six days to the grievances expressed by the
adherent.

Article 492.- Adherence to the appeal can only deal with the operative point or
points of the appealed ruling, which have not been favorable to the adherent, or on the
legal foundations of the operative points that have been favorable to the adherent.
 Article 493.- If the parties intend to present evidence in the appeal, they must
offer it respectively in the document expressing grievances and answering them.

Article 494.- The evidence that the person who adhered to the appeal intends to
provide will be offered in the adhesion document.

Article 495.- With the appeal document, the Judge of First Instance will form a
file and in it will act what corresponds to him of that appeal, the following provisions
being applicable:

I.- The resolution of the Judge of First Instance, which does not allow the appeal
to be processed, may be appealed in a complaint;

II.- Except as provided in the previous section, the resolutions issued by the Judge
of First Instance, in the processing of the appeal, are not appealable.

Article 496.- The filing of the appeal will be recorded in the first instance file, by
certification that will be signed by the Judge and the Secretary.

Article 497.- Once the grievances have been answered or the term granted for this
has elapsed, without them being answered, the Judge will ex officio send to the superior
the file in which the final appealed sentence was issued or, where appropriate, a certified
copy of the interlocutory appealed. and the records that the Judge considers necessary for
the resolution of the appeal, and the file referred to in article 495.

Article 498.- Once the records arrive at the Court of Appeal, it will examine them
and declare ex officio:

I.- Whether or not the appealed resolution is appealable;

II.- If the appeal was filed on time;

III.- If the appellant, and if applicable the one who joined the appeal, expressed
grievances and if these meet the requirements of article 484;

IV.- Whether or not, if applicable, the evidence offered by the parties is admitted.

Article 499.- The Court of Appeal will dismiss the appeal in the following cases:

I.- When the appealed resolution is not appealable.

II.- If the appeal was not filed in time.

III.- If the appellant did not express grievances.

IV.- If the grievances do not meet the legal requirements.

Article 500.- Sections III and IV of the previous article will not be applicable in
cases in which the Superior must make up for the deficiency or lack of grievances in
accordance with article 509.

Article 501.- Adherence to the appeal will be rejected:

I.- When the main appeal is not admitted.

 II.- If the accession was not made when answering the grievances.

III.- If the adherent did not express grievances or if those expressed by him do not
meet the legal requirements.

Article 501 bis.- There is no appeal against the resolution issued by the superior
that admits or rejects the appeal and the adhesion to the appeal.

Article 502.- If the Court finds that the appealed resolution is appealable; that the
appeal was filed in time; and that there is an expression of grievances or that these must
be remedied, the day and time will be appointed for the hearing, which will take place
within the following fifteen days, in which the evidence admitted and the arguments of the
parties will be received, which must be presented. written.

Article 503.- The hearing will take place even if the parties or their lawyers do not
attend.

Article 504.- In the appeal, only the following evidence, offered in accordance with
articles 493 and 494, can be admitted in the judgment of the Superior, and with a
contrary summons:

I.- Those that refer to facts supervening on the evidentiary term granted in the first
instance.

II.- The documents that were timely requested in the first instance, have been
issued after the conclusion of the arguments.

III.- The testimonial when a witness whose statement was legally offered has been
omitted to be questioned.

Article 505.- If objections are made, the provisions of articles 445 to 451, as
applicable, will be observed.

Article 506.- Once the hearing is over, or, where appropriate, the incident of
blemishes is concluded, the Court will resolve the appeal within the following fifteen days.
If the appealed resolution is revoked or amended, the corresponding new ruling will be
issued.

Article 507.- Outside of cases in which evidence is admitted in the appeal in

accordance with Article 504, the Court, when resolving the appeal, will focus on
appreciating the facts as they were proven in the first instance.

Article 508.- The second instance ruling will only take into consideration the
grievances expressed, without being able to base it on theories or doctrines that have not
been proposed in the grievances and in their response, nor cited in the appealed ruling.

Article 509.- The Court must make up for the lack of grievances or the deficiency
of those expressed:

I.- When the trial concerns family rights; and

II.- When at least one minor intervenes as a party, if due to the lack of this
substitution their marital status or assets could be affected.
 Article 510.- The jurisdiction of the first instance judge cannot be decided in the
appeal ruling.

Article 511.- When a sentence has been handed down in the first instance
without the records being kept, the Court will order the procedure to be reinstated, also
imposing a disciplinary correction on the Judge.

Article 512.- At any stage of the appeal process, both in the first and second
instance, the person who filed it may withdraw from the appeal, being responsible for
paying the costs incurred.

Article 513.- In the case of the previous article, if the opposing party has joined
the appeal, the appeal will be substantiated to resolve the points contested by it.

THIRD SECTION
COMPLAINT

Article 514.- The complaint appeal is appropriate:

I.- When the law expressly grants it.

II.- In case of delay in the dispatch of business.

III.- Due to excess, defect or non-compliance in the execution of the Superior's

resolutions.

Article 515.- The complaint must be filed before the judge within five days and its
admission does not suspend the procedure.

Article 516.- The grievances deemed to have been caused will be expressed in the
document filing the complaint, and will be accompanied by the copies necessary for
transfer.

Article 517.- The grievances in the complaint will meet the same requirements
established for those expressed in the appeal.

Article 518.- The Judge, upon receiving the document in which the complaint is
filed and without qualifying its origin, will order the formation of a file with that
document, and it will be sent to the other interested parties so that within the following
three days present before him the written arguments they deem appropriate. There is no
appeal against the resolution referred to in this article.

Article 519.- The parties in the written complaint and in the allegations referred
to in the previous article must indicate their address to receive notifications in that
appeal.

Article 520.- After the period indicated in Article 518, whether the interested
parties have presented allegations or not, the Judge will send the file formed with the
complaint to the superior, adding a succinct report, with justification, in which he
indicates the background and reasons for the complaint. the complaint.

Article 521.- The Court, upon receiving the complaint file, will examine the origin
of the appeal, whether it was filed in time and whether the grievances were expressed in
form.
 Article 522.- The Court will dismiss the complaint resource:

I.- When it is not appropriate;

II.- When it has been filed out of time; and

III.- When the grievances have not been expressed in a timely manner, except in
cases in which the Court must make up for the deficiency of the grievances in the cases
provided for by article 509, which is also applicable in the complaint resource.

Article 523.- If it is declared that the appeal is admissible, that it was filed in a
timely manner and that grievances were expressed, its arrival will be made known to the
parties and once this has been done, the Court will decide within the next five days.

Article 524.- If the court revokes or amends the appealed resolution, the following
will apply:

I.- In the case of section I of article 514, the corresponding resolution will be
issued.

II.- In the case of section II of the same article, it will establish the term within
which the inferior must dispatch the business, and

III.- In the case of section III of article 514, it will dictate the measures it deems
appropriate to ensure compliance with the resolution in question.

Article 525.- The court that revokes or amends the appealed resolution will
impose on the minor a fine of five to twenty days' salary, in the cases of sections II and III
of the preceding article.

Article 526.- In addition to the provisions of the previous articles, the court must
send a copy of its resolution to the competent authority to learn about the administrative
responsibility that the inferior may have, so that the file of the public servant in question
may be attached. .

CHAPTER SEVENTEENTH
COASTS

Article 527.- Each party will be immediately responsible for the costs incurred by
the proceedings it promotes.

Article 528.- In case of condemnation of costs, the convicted party will

compensate the other for all costs caused to it.

Article 529.- Judicial costs will include:

I.- The fees of the lawyer whose professional services are used by the parties;

II.- The fees of the depositaries, interpreters, translators, experts and arbitrators
who have had to intervene in the business;

III.- The expenses that would have been essential in the processing of the trial.
 Article 530.- The fees referred to in the previous article may not exceed the sums
established by the tariffs, and the expenses must be justified, in the opinion of the Court
hearing the trial.

Article 531.- Attorneys and employers will also be responsible for costs and fines
in the event of conviction. The resolution will establish who must pay them and in what
proportion.

Article 532.- The condemnation of costs applies against those who do not obtain a
favorable resolution in the main matter, in the incidents and in the complaint and appeal
resources.

Article 533.- If the resolution is amended or revoked in the main, the sentence
that may have been made as to costs will be null and void and no sentence will be
imposed on the costs of the appeal.

Article 534.- The sentence will not include the expenses caused by promotions,
tests or actions that are useless, superfluous or not authorized by law, nor the fees of the
attorney or employer who is not a lawyer with a title registered in the Superior Court of
Justice.

Article 535.- The representatives of the City Councils, Public Assistance and
Instruction and the Public Ministry will be responsible for the costs they cause.

Article 536.- The costs will be regulated by the party in whose favor they have
been decreed.

Article 537.- The convicted party will be given a hearing for three days regarding
the regulation. If in the aforementioned term he expresses his dissatisfaction or does not
state anything, the Judge will issue a resolution adjusting to the tariff.

Article 538.- If the fees in question are not subject to a tariff, the Judge may hear
two people of the same art or profession from which they were earned, appointed by him,
and not being in the population of the Judge's residence. who knows about the cars,
those from the nearest place where they exist will be used.

Article 539.- A complaint appeal may be filed against the resolution that decides
on costs.

CHAPTER EIGHTEEN
EXECUTION OF DICTATED RESOLUTIONS
BY THE STATE COURTS

Article 540.- The Court that pronounced them in the first instance must execute
the resolutions. The Superior who issued the resolution that causes it to be enforceable
will send to the inferior, within three days following the last notification, testimony of it
and its notifications and will return the orders that it has received, and the reason for
having complied with the provisions must be recorded in the file. provided in this article.

Article 541.- The procedure for executing sentences must be processed at the
request of the party and not ex officio.

Article 542.- The execution of sentences handed down in matters of interest to

the family or incapable persons is excepted from the provisions of the previous article, in
which the sentences must be executed ex officio.
 In the case of sentences on civil liability arising from a crime, they must be
executed under the responsibility of the judge and the Public Ministry.

Article 543.- When requesting the execution of a sentence, if there are no assets
seized, the seizure will be carried out, observing what is foreseen in the chapter related to
judicial seizure and, where appropriate, the provisions of the executive trial.

Article 544.- If there are assets seized or seized to execute the sentence and they
consist of money, salaries, pensions or credits that can be realized immediately, payment
will be made to the creditor as provided in the sentence.

Article 545.- Seized assets will be valued by experts.

Article 546.- If the sentence to be executed does not express its amount in money,
the following provisions will apply:

I.- The party in whose favor it ruled, when requesting execution, will present its
liquidation.

II.- The request referred to in the previous section will be sent to the injured party
for three days, so that they can express what matters to their rights.

III.- If the injured party does not present anything within the established term, or
expresses its disagreement with the settlement, what is deemed fair will be decided within
three days; and

IV.- There is no appeal against the resolution issued in the event of disagreement
with the settlement.

Article 547.- When execution is decreed through enforcement, the following

provisions will apply:

I.- The payment exception will only be admitted if execution is requested within
one hundred and eighty days;

II.- If one hundred and eighty days have already passed, but not more than one
year, in addition to the payment exception, the transaction, compensation and
commitment exceptions in arbitrators will be admitted;

III.- After more than one year has passed, the exceptions of novation and
falsification of the instrument will also be admissible, if execution is not requested by
virtue of an executory document or agreement in the record.

IV.- The aforementioned exceptions, except for falsehood, must be subsequent to

the sentence or agreement and must be recorded by public instrument, by judicially
recognized document or by judicial confession.

V.- The terms established in the previous sections will be counted from the date of
notification of the sentence, except as provided in the following section.

VI.- If the sentence establishes a deadline for compliance, the terms indicated
above will be counted from the day the deadline expires or from the date on which the last
overdue benefit could be demanded, if they are periodic benefits.
 VII.- The opposition of exceptions will be made within three days following the
execution, accompanied by the instrument in which the promoter is founded, or by
requesting confession or judicial recognition and will be processed in the form of an
incident, with suspension of the procedure.

VIII.- No appeal will be admitted against the resolution issued.

Article 548.- If after the deadline set in the resolution, the obligor does not
comply, the following provisions will be observed:

I.- If the act is personal to the obligor and cannot be provided by another, he will
be prosecuted by the means established in article 79, without prejudice to the right to
claim civil liability;

II.- If the act could be provided by another, the Judge will appoint a person to
execute it at the expense of the obligor, within the term established;

III.- If the act consists of the granting of some deed or other instrument, the Judge
will execute it, stating that it is granted in default,

IV.- If the resolution condemns not to do, non-compliance will be resolved in the
payment of damages and, where appropriate, and in accordance with section II of article
1666 of the Civil Code, in the destruction of the material work that would have been done.

Article 549.- No appeal will be admitted against the provisions issued in order to
achieve the execution of a resolution.

Article 550.- The expenses and costs arising from the execution of a resolution
will be borne by the person convicted in it.

Article 551.- The action to request the execution of a sentence will last five years,
counted:

I.- From the date of notification of the sentence;

II.- From the day on which the deadline established in the same sentence expires,
for its compliance; either

III.- Since the last overdue benefit could be demanded, if the sentence sentenced
the payment of periodic benefits.

Article 552.- What is provided in this chapter regarding resolutions includes

judicial transactions and agreements, as well as awards issued in arbitration trials.

CHAPTER NINETEENTH
RECOGNITION AND EXECUTION OF JUDGMENTS AND RESOLUTIONS GIVEN BY
COURTS OTHER THAN THOSE OF THE STATE

Article 553.- The recognition and execution of the sentences or resolutions

referred to in this Chapter may only be carried out when what is to be recognized, or have
its effects within the territory of the State, is not contrary to public order.

Article 554.- Regarding the execution of resolutions of courts other than those of
the State, the interested parties may allege incompetence in the requested one, in which
case the request will be raised to the Superior Court of Justice of the State, so that,
hearing the parties within of three days, stir if the State Judge should execute.

Article 555.- In the recognition and execution of sentences or resolutions issued

abroad, the Treaties to which Mexico is a party and the applicable federal laws will apply.

Article 556.- It is the responsibility of the Judge who would be competent in the
State to hear the judgment in which they were issued to execute the resolutions referred
to in this chapter.

Article 557.- In the cases of execution referred to in article 555, the Public
Ministry will be heard.

TWENTIETH CHAPTER
JUDICIAL KIDNAPPING

Article 558.- The judicial kidnapping referred to in articles 2426 to 2428 of the
Civil Code is also called seizure.

Article 559.- When seizing assets, all the circumstances by which they can be
identified will be specified.

Article 560.- Judicial seizure proceeds in precautionary orders, executive trials,

universal trials, execution of judgment, execution of judicial transactions and agreements
and in other cases established by law.

Article 561.- In the capital of the State and in the foreign Districts, the money and
jewelry will be deposited in a National Credit Institution, and the executor must make the
deposit and report, within twenty-four hours, to the Judge of the proceedings. . In
Districts where there are no National Credit Institutions, the seized money and jewelry
will be deposited in the manner established in the following article.

Article 562.- When the seizure occurs on corporeal furniture, they will be
delivered in deposit, under the joint responsibility of the creditor, to the person that he
has previously designated, who, except when it is the debtor himself, must have sufficient
real estate, to judgment of the Judge, to respond for the kidnapping, or grant bail in court
for the amount that the Judge sets, to respond for the damages that may be caused as a
result of the kidnapping.

Article 563.- If the applicant prefers, the person he chooses from among those
who make up the list will be appointed depositary, which each Civil and Family Judge will
make annually for this purpose, and who will be submitted to the approval of the
Superior Court. , in January.

Article 564.- The Judges of places that are not the capitals of the Judicial District
will not be obliged to form lists of depositaries and may, under their responsibility,
expressly waive the obligation to provide bail.

Article 565.- When credits are secured, the following provisions will apply:

I.- Kidnapping will be reduced:

1) to notify the debtor or whoever must pay them, not to verify the payment, but to
retain the corresponding amount or amounts at the disposal of the court, warning of
double payment in case of disobedience; and
 2) to notify the garnishee that he does not have these credits, under the sanctions
established by the Social Defense Code.

II.- If the title of the credit itself is secured, under the responsibility of the creditor,
a depositary will be appointed to keep it in custody, who will have the obligation to do
everything necessary so that the right that the title represents is not altered or impaired.
to try all the actions and resources that the law grants to make the credit effective,
remaining subject to what, where appropriate, establishes articles 562 and 563.

III.- If the insured credits are disputed, the sequestration order will be notified to
the Judge of the proceedings, informing the named depositary, so that he can perform the
obligations imposed by the previous section.

IV.- The depositary will act as an intervener of the plaintiff in the litigation referred
to in the previous section.

Article 566.- If the embargo falls on furniture, the following provisions will apply:

I.- The depositary will inform the Judge of the place where the deposit is
constituted and will obtain authorization to make, if necessary, the expenses that the
same deposit may cause.

II.- The authorization to make the expenses mentioned in the previous section will
be decreed with a hearing of the parties, the expenses being borne by the person who
obtained the kidnapping, without prejudice to the condemnation of costs.

III.- If the deposited furniture is easily decomposable goods, or animals and not
enough fruit is produced to feed them, the depositary will also have the obligation to find
out the price that these goods have in the market, so that, if found favorable occasion for
the sale, immediately inform the Judge, so that he, hearing the parties, determines what
is appropriate.

IV.- If the deposited furniture is property susceptible to deterioration or demerit,

the depositary must frequently examine its condition and bring it to the attention of the
Judge.

V.- Once the Judge has received the report referred to in the previous section, he
will summon the parties to a meeting that will be held within the following three days, in
which they will present what they deem appropriate.

VI.- Once the meeting ordered in the previous section has been held, the Judge
will dictate the pertinent measures to avoid damage to the seized assets, or will agree to
the sale of these assets, in the best conditions, in view of the market prices and the
demerit. who have suffered or are exposed to suffering said assets.

VII.- When the Judge orders upon deposit to deliver the seized goods to the person
indicated in the resolution, the delivery must be made within twenty-four hours following
the notification, with the depositary and the plaintiff being responsible for the damages
caused by the delay. in the delivery, and the Judge must also make use of the means of
enforcement to make the delivery effective.

VIII.- The liability referred to in the previous section may be demanded in an

incident, even if a final judgment has already been issued.
 IX.- Resolutions issued in accordance with the provisions of the previous sections
do not allow appeal.

Article 567.- If the kidnapping falls on real estate, the following provisions will
apply:

I.- The execution, once carried out, will be communicated to the Public Property
Registry in which the seized assets are registered, so that the corresponding annotations
can be made, in order to prevent said assets from being sold, transferred or taxed, or the
existing embargo is hidden;

II.- If the seized assets consist of credits secured with a real lien, the notifications
prescribed in article 565 will also be made.

III.- At the request of the plaintiff, the embargo on real estate may be registered,
preventively, by means of a simple written notice, which the agent issues, at the time of
the seizure procedure, and which will be delivered to the Public Registrar. of the Property,
by itself or through the plaintiff.

IV.- The preventive notice of the investigator will contain: the names of the parties
in the trial or ruling in which the execution was issued, the Court that decreed it, the file
number, the amount of the embargo, the nature of the trial or ruling , the date of the
seizure and the registry data that allows the identification of the property.

V.- The preventive notice referred to in sections III and IV above will be void if the
executor does not present the certified copies of the seizure within a period of ten days
from the presentation of the notice.

Article 568.- If the seizure falls on the income of a property, the depositary will
have the character of administrator, with the following powers and obligations:

I.- You may contract leases for up to one year, with rents that are not less than
those that the property, or the part of it that was leased, yields at the time of the
sequestration;

II.- In the case provided for in the previous section, if when the kidnapping is
verified or subsequently, the depositary does not know how much the income amounted
at that time, he will inform the Judge so that he can determine it, after consulting with an
expert, respecting the rights that the Civil Code grants to the tenant of a house for
habitation.

III.- The depositary will demand, under its responsibility, the style guarantees, to
ensure the obligations of the lessee;

IV.- It will promptly collect the pensions that the property yields due to the lease,
proceeding against defaulting tenants in accordance with the law;

V.- It will make, without the need for prior authorization, the ordinary expenses of
the property, such as the payment of contributions and those of mere conservation,
service and cleaning, and will include them in the monthly account ordered by article
589.

VI.- It will present to the respective offices, in a timely manner, the manifestations
that the laws prevent. If you do not do so, you will be responsible for any damages
caused.
 VII.- He will make the necessary repairs, with prior permission from the Judge, for
which he will display the respective budgets.

Article 569.- Once the authorization referred to in sections II and VII of the
previous article is requested, the Judge will summon a hearing, which will take place
within ten days, with the interested parties being able to present the pertinent evidence
and the Judge must resolve within the next three days. A complaint is filed against the
resolution issued.

Article 570.- If the kidnapping is carried out on a rural property or in a

commercial or industrial negotiation, the depositary will be a mere intervener charged to
the treasury. supervising the accounting, with the following powers:

I.- Shall inspect the management of the negotiation or rural property, if applicable,
and the operations carried out in them, respectively, so that they produce the best
possible performance;

II. - He will monitor the harvesting of fruits and their sale on rural properties, and
will collect the product thereof;

III.- He will monitor the purchase and sale in commercial negotiations, collecting,
under his responsibility, the cash;

IV.- It will monitor the purchase of raw materials and the sale of products in
industrial negotiations, collecting cash and commercial papers to make them effective
upon maturity.

V.- Will provide the funds for the necessary and ordinary expenses of the
negotiation or rural property, if applicable, and for food to the debtor, the amount of
which has been judicially established;

VI.- He will ensure that the investment of the funds he provides is completed and
conveniently;

VII.- It will deposit in some National Credit Institution, the money that is left over
after covering the expenses referred to in section V;

VIII.- It will provisionally take the measures it deems appropriate to avoid abuses
and mismanagement by the negotiation administrators, immediately informing the Judge,
who will determine what is appropriate.

IX.- If in the fulfillment of the duties that the previous sections impose on the
intervener, he finds that the administration is not done appropriately, or that it may harm
the rights of the person who requested and obtained the kidnapping, he will inform the
Judge so that , hearing the parties and the intervener, in a hearing that will take place
within five days, and in which evidence may be received, determines what is appropriate.

Article 571.- The following cannot be seized separately:

I.- Furniture that, according to the Civil Code, is accessories to a property;

II.- The furniture necessary for the exploitation of a negotiation; and

III.- Furniture intended in any way for a public service.

 Article 572.- The securing of vehicles susceptible to seizure that, according to the
laws, must be registered in the traffic offices, will be done through the same offices,
subsequently establishing the deposit in accordance with this code.

Article 573.- When the debt is for food and the execution is tied to salaries, a
percentage of them will be seized.

Article 574.- The right to designate assets corresponds to the debtor and will be
subject to the following order:

I.- Money;

II.- Jewelry;

III.- Real estate;

IV.- Fruits and income of all kinds;

V.- Movable property not included in the previous sections;

VI .- Credits;

VII.- Salaries or pensions.

Article 575.- If the credit that motivates the execution is guaranteed with a pledge
or mortgage, the execution will be blocked first in the mortgaged or pledged assets, and if
these are not enough to cover the debt, other assets will be seized.

Article 576.- If the debtor refuses to indicate assets, or the seizure procedure is
not carried out with him, it is up to the garnisher to designate the assets that are to be
seized and may do so without subjecting himself to the order established in article 574.

Article 577.- The embargo only proceeds and subsists as long as it is sufficient to
cover the claim and the costs, including new maturities and returns, until the debt is
completely resolved.

Article 578.- The following are exempt from embargo:

I.- The daily bed, clothes, and furniture necessary for the comfort of the debtor,
his wife and children and that are not luxury;

II.- The instruments, utensils and other objects necessary for the art, profession,
trade or work to which the debtor is dedicated;

III.- The effects for the promotion of industrial negotiations, as necessary for their
service and movement;

IV.- The harvest before the harvest, but not the rights over the sowing;

V. - The right of usufruct, but not the fruits thereof;

VI.- Family assets;

VII.- Food pensions;

 VIII.- Easements, unless the property in whose favor they are constituted is
seized: but in the case of water, these can be seized when they are already on the
dominant property;

IX.- The life annuity, in accordance with the provisions of articles 2666 and 2667
of the Civil Code;

X.- The rustic properties whose fiscal value does not exceed the amount of five
hundred days of minimum wage, provided that they are agriculturally exploited by the
owners, as well as the domestic animals that are found in them;

XI.- The own animals for tillage as soon as they are necessary for the service of the
farm to which they are destined;

XII.- Urban properties, whose fiscal value does not exceed the amount of five
hundred days of minimum wage, that are inhabited by their owner,

XIII.- The allocations of pensioners from the treasury.

Article 579.- Among the furniture listed in section I of the previous article, and
which is exempt from seizure, a television set and its accessories will necessarily be
included, if there is one in the debtor's family home; but this non-seizure protection does
not exist when the debt arises from the acquisition of the aforementioned furniture.

Article 580.- The debtor subject to parental authority or guardianship, the one
who is physically unable to work, and the one who without fault lacks other assets, other
than those seized, or a profession or trade, will have the food that the Judge establishes
in attention to the importance of the claim and the assets and circumstances of the
defendant.

Article 581.- The provisions of the previous article include the donor who is sued
by the donee, taking into account the amount of the donation.

Article 582.- The extension of the embargo is appropriate, at the request of the
garnishee:

I.- When, in the Judge's opinion, the seized assets are not enough to cover the
debt and, where applicable, the costs;

II.- When sufficient assets are not seized because the debtor does not have them
and they later appear or are acquired;

III.- In cases of third parties, in accordance with the provisions of article 665.

Article 583.- When the seized assets are not money or real estate, the defendant
may offer one or the other, so that the embargo on them can be changed; But, if it is
money, you must first show it to the court so that it can be deposited immediately.

Article 584.- The extension of the embargo or the change referred to, respectively,
in the two previous articles, do not suspend the procedure; and the procedures that have
preceded them are considered common to it.

Article 585.- If applicable, the ruling will decide on the extension of the embargo,
without the need for new proceedings.
 Article 586.- A stranger to the trial may request the lifting of the kidnapping,
demonstrating his rights to the property, in the incidental way or in the manner provided
for by article 2994 of the Civil Code.

Article 587.- When assets that were leased or rented are seized, the tenants will
deliver the rents or rents to the depositary that has been appointed.

Article 588.- If, when the seizure procedure is carried out, the tenant states that
he has made an advance payment of rent, he must justify it on the spot, precisely with
the landlord's receipts; Otherwise, you are obliged to pay.

Article 589.- The depositaries who have administration or intervention, will

present to the court, within the first fifteen days of each month, an account of the
escutcheons and the returns of the property or the negotiation and the expenses
incurred, notwithstanding any appeal filed in the main. Once the account is presented,
the Judge must, after hearing the parties, approve or disapprove it.

Article 590.- The depositaries will be separated:

I.- When they do not comply with the provisions of article 565;

II.- When they violate the provision contained in article 566;

III.- When the monthly account is not submitted or it is failed:

IV.- For serious reasons in the judgment of the Judge and at the request of any of
the parties.

Article 591.- The separation of the depositary will be done by hearing him and the
parties in a hearing, in which evidence may be presented, and in which the respective
resolution will be pronounced, against which the complaint will proceed.

Article 592.- The depositories will receive the fee that corresponds to them
according to the tariff.

Article 593.- All issues related to the deposit will be followed separately.

Article 594.- The errors and attacks committed by the investigator in the
kidnapping will be amended and corrected by the Judge of the proceedings, hearing the
parties and the investigator in a hearing in which evidence may be presented and the
respective interlocutory statement will be pronounced. against which the complaint will
proceed.

CHAPTER TWENTY-FIRST
GOAL ATTEMPTS

Article 595.- The auctions will be public and must be held in the court where the
Judge who is competent for the execution acts.

Article 596.- To proceed with the auction of real estate, the following provisions
will apply:

I.- A certificate of the registered liens, during the last twenty years, on those assets
must be previously exhibited;
 II.- If there is already another certificate in the file, only the one relating to the
period elapsed from the date of that certificate to the date on which the sale was decreed,
or if the auction was suspended until the date of the new summons, will be displayed.

III.- If liens appear on the certificate displayed on the occasion of the first
summons for auction, the creditors will be made aware of the status of execution, so that
they can intervene in the appraisal and auction of the assets, if appropriate.

IV.- Any plans will be made available to the public.

V.- The seized assets will be valued, observing the provisions of articles 435 and
436.

Article 597.- Creditors cited in accordance with section III of the previous article
will have the right:

I.- To present an expert appraisal opinion;

II.- To intervene in the auction, being able to make to the Judge the observations
they deem appropriate to guarantee their rights;

III.- To appeal the order that approves or not, the auction.

Article 598.- In the auction of movable property, the following provisions will
apply:

I.- It will be announced three times within a period of ten days, by means of edicts
that will be posted on the door of the court;

II.- If the goods to be auctioned are broth, seeds or other similar goods, the
samples will be displayed, and if they are of another nature, they will be visible to the
public if this is possible.

Article 599.- The following provisions will be observed in the real estate auction:

I.- Its sale will be announced three times, within a period of thirty days, in the
Official Newspaper and in some other newspaper with the greatest circulation in the
place, in the opinion of the Judge.

II.- The announcement will also be posted on the court door.

III.- The publication will be repeated, in an orderly manner, in the various places
where the assets are located, if there are several.

Article 600.- At the request of any of the parties and at their expense, the Judge
may use, in addition to those mentioned, other means of advertising to call for bidders,
without suspending the auction if the publication authorized by this article is not made. .

Article 601.- Positions and bids must be made in writing, within ten days
following the last notification, with the term expiring at twelve o'clock on the tenth day.

Article 602.- Bidders, to make proposals, may request the data in the file and see
the other positions and bids that have been presented.
 Article 603.- Once the term referred to in article 601 has concluded, the Judge
will resolve the issues that have arisen due to the auction and in the same resolution will
declare in favor of whom the auction is held.

Article 604.- If for any reason the term for placing positions and bids is
suspended, at the end of the suspension it will continue to run for the remaining days,
without the need for a judicial declaration.

Article 605.- In the case provided for in the previous article, the days in which the
suspension begins and ends will not be counted.

Article 606.- It is a legal position that it covers two thirds of the appraisal price.

Article 607.- Only when it involves real estate and the position exceeds the entire
debt, may the excess be recognized with a mortgage of the auctioned assets, for a
maximum term of five years and with the bank interest on guaranteed loans. mortgage.

Article 608.- The bids will be presented with compost paper, the following
provisions being applicable:

I.- The person who signs the payment document will be the guarantor of the
positions, bids and improvements made by his or her guarantor, and must express the
maximum for which he is committed and, even when he does not express it, it is
understood that he renounces the benefits of order and excussion and division if
applicable.

II.- The payment paper will be signed before a Notary who will verify the identity of
the subscriber.

III.- The payer must indicate to the Notary the assets of which he is the owner,
which must be sufficient to cover his liability.

IV.- The subscriber must justify to the Notary, with reliable evidence, the property
referred to in the previous section.

V.- The credit note is not necessary if the amount of the bid and, where applicable,
the bids, are shown in cash.

Article 609.- Positions in real estate auction must contain:

I.- The name, age, legal capacity, state, profession and address of the bidder;

II.- The same data regarding the subscriber;

III.- The amount offered for the good;

IV.- The amount given in cash and the terms in which the rest must be paid;

V.- The interest that must be caused by the sum that is recognized;

VI.- The express submission to the Judge who knows the business, so that he can
enforce the contract.
 Article 610.- When the performer wants to make a bid, the payment paper or the
display of numbering it, if applicable, will be limited to the excess of the bid over the
amount of his rights on the date of the auction.

Article 611.- The Judge, his hierarchical superiors, the Secretary, the executed
person and his attorneys, executors, administrators, tutors, curators and the lawyers of
both parties cannot purchase at the auction, with articles 27 and 28 of the Code being
applicable. Civil.

Article 612.- Nor can experts who have valued the auctioned assets acquire at
auction.

Article 613.- The executors, administrators and curators of one of the parties are
exempt from the prohibition established in article 611, if they are co-owners with the
executed person of the seized property or if it is part of the collection of an inheritance in
which be coheirs.

Article 614.- Against the order in which the auction is declared established or the
corresponding award is ordered, a complaint will be filed.

Article 615.- The debtor may release his assets by paying in full the amount of his
responsibilities, before issuing the order for the auction.

Article 616.- Once the order declaring the auction has been executed, the
following provisions will apply:

I.- If the auctioned goods are movable, they will be delivered to the buyer after
displaying the price;

II.- If the auctioned assets are real estate, within fifteen days following the date on
which the documents are received at the notary's office, the corresponding deed of sale
will be granted to the buyer, in accordance with their position, after displaying the price
in accordance with it. ;

III.- If the person in whose favor the auction was carried out does not display the
price within the established period or appear at the notary's office agreeing to the granting
of the deed, the order that declared the auction final will be void, and the bidder must
pay. to the performer, by way of compensation, ten percent of the amount of his position.

IV.- In the case provided for in the previous section, a new auction will be carried
out based on the appraisal made.

V.- The order that declared the auction final will be void, and the auctioned
property free of seizure, if the defendant debtor, before signing the deed of adjudication,
pays:

a) To the plaintiff creditor the full amount of the amounts to which the same
debtor was sentenced; and

b) By way of compensation, to the bidder in whose favor the award was approved,
ten percent of the amount of their bid and

c) The expenses caused by the deed that did not pass.

 Article 617.- If the debtor refuses to extend the deed, the Judge will grant it in
default.

Article 618.- Once the deed has been granted and the price has been recorded, if
the buyer requests it, the Judge will place the buyer in possession of the auctioned
property, and the corresponding diligence will be carried out with a summons to the
neighbors, tenants and other interested parties.

Article 619.- The auction price will be paid to the creditor, delivering the surplus,
if any, to the appropriate party.

Article 620.- When in the first auction there is no legal position, and it involves
real estate, the following provisions will apply:

I.- It will be mentioned for the second auction, by means of an edict, published in
the newspaper in which it was called for the first, and in it the original price will be taken,
with a deduction of ten percent;

II.- If there is no bidder in the second auction, appointments will be made through
the same advertising medium, for the third auction and for any others that may be
necessary, until the auction is carried out;

III.- In each of the auctions, ten percent of the price that served as the base in the
previous one will be deducted.

IV.- Articles 601 to 604 are applicable to the subsequent auctions provided for in
sections I and II above.

Article 621.- In any auction, if there is no bidder, the creditor has the right to
request, with his credit, the award of two-thirds of the price that served as the basis for
the auction.

Article 622.- The creditor who is awarded the property will recognize the mortgage
loans that exist, to pay them when due, and will deliver to the debtor, in cash, the
remainder of the price, deducting those mortgage loans.

Article 623.- Once the property has been awarded, if the price is not sufficient to
pay in due time all the registered mortgages and liens, those and these, or the part of
those credits that are not covered by the price, will be ordered to be canceled, in
accordance with the privileges determined by the Civil Code.

Article 624.- The auction and its procedures, including the appraisal, cannot be
the subject of a contract, nor can they be waived during the trial.

Article 625.- If there are no bidders in the auction of movable property, the
performer may request the award, by the position that is legal, of those he chooses and
that are sufficient to cover the credit.

Article 626.- If the assets referred to in the previous article are of such a nature
that the award cannot be made except for all of them, the actor may request it; but, once
his credit is covered, he must deliver the rest of the award price.

Article 627.- When the actor is not satisfied with the partial award of the movable
property, or there are no bidders in the first auction, they will be auctioned off with the
deductions determined for the real estate.
 Article 628.- If several positions are presented, the one that amounts to the
greatest amount under equal circumstances will be preferred, and if there are two or more
equal ones, the one that was presented first will be accepted.

Article 629.- A second embargo produces effects on the liquid amount of the
auction price, after payment has been made to the first garnishee, except in the case of
preference of rights.

Article 630.- For the purposes of the previous article, if the first trial does not
continue its course for more than one month, due to omission of the executor, any of the
repossessors may appear at that trial, accompanying a certified copy of the supporting
documents of their right, to obtain the auction of the seized assets.

Article 631.- In the case provided for in the previous article, the Judge who
decreed the first execution will proceed to the auction of the assets, as provided in this
chapter, but for the benefit of the repossessor who carried out the promotion referred to
in the aforementioned article. .

CHAPTER TWENTY-TWO
INCIDENTS IN GENERAL

Article 632.- Issues that are promoted in a business and have an immediate
relationship with the main trial are incidents.

Article 633.- Incidents do not suspend the main trial procedure.

Article 634.- The procedure in incidents is governed by the following provisions:

I.- They will be processed separately,

II.- The incidental claim document will be sent to the other party or parties against
whom it is filed, so that they can respond within three days;

III.- The evidence will be offered in the complaint and in the response;

IV.- Once the claim has been answered or the term of the answer has elapsed, the
Judge will summon ex officio, for a non-deferrable hearing that will take place within
three days and in which the evidence offered and the allegations presented by the parties
in writing will be received;

V.- The judge will resolve the incident within five days following the hearing and
the corresponding interlocutory is appealable;

VI.- The interlocutory will be executed in accordance with the relative provisions of
this Code.

CHAPTER TWENTY-THIRD
CRIMINAL ISSUES IN CIVIL BUSINESS

Article 635.- The party that in a civil matter challenges an act or evidence as
criminal will promote the incident referred to in this chapter.
 Article 636.- The interlocutory in this incident will decide exclusively for civil
purposes, whether or not it should be taken into consideration when pronouncing the
final sentence, the evidence or the act indicated as criminal.

Article 637.- The incident will be processed in accordance with the provisions of
the previous chapter, and the following provisions will also apply:

I.- When the incidental claim is admitted, the Public Ministry will be informed of
the challenge of falsehood; and

II.- Evidence may be received in up to two hearings.

Article 638.- There is no appeal against the interlocutor who declares that the
evidence or acts identified as criminal must be taken into consideration in the main trial.

Article 639.- If the interlocutory ruling decides that the evidence or act indicated
as criminal should not be taken into consideration when resolving the main business, the
procedures in this trial will be suspended until the corresponding process is resolved by
the defense authorities. social.

Article 640.- If by an executory sentence it is declared that there is a crime, what

was done in the civil business will be null from the moment the criminal act is reported,
only to the extent that it has influenced what was done and resolved and this will be
declared ex officio by the Civil Court.

CHAPTER TWENTY-FOUR
ACCUMULATION OF CARS

Article 641.- The accumulation of proceedings proceeds:

I.- When the sentence to be handed down in one of the trials produces an
exception of res judicata in the other;

II.- In competition trials;

III.- In successions, in the case of actions taken against them, by any person, as
heir or legatee, and for that character to be recognized.

IV.- When there are different lawsuits pending, in which there is identity of people,
assets and actions;

V.- When there is identity of people and property;

VI.- When there is identity of people and actions;

VII.- When there is identity of actions and assets;

VIII.- When the actions come from the same cause.

Article 642.- Accumulation is not applicable:

I.- When the trials are in various instances;

II.- In the cases provided for by article 805.

 Article 643.- Joinder may be requested at any stage of the trial, before the
sentence is pronounced and the request will specify:

I.- The court in which the orders that must be accumulated are followed;

II.- The object of each of the trials;

III.- The action that is carried out in each of them;

IV.- The people who are interested in them;

V.- The legal foundations on which the accumulation is based.

Article 644.- If the same Judge is aware of the proceedings whose accumulation is
requested, he will order a transfer, for three days, to the other parties and, whether they
answer or not, he will rule within five days. The resolution issued can be appealed in a
complaint.

Article 645.- If the trials are continued in different courts, the joinder will be
requested before the Judge who knows the trial to which the others must be joined.

Article 646.- The accumulation referred to in the previous article will be

substantiated in the manner provided for the processing of the inhibitory claim.

Article 647.- The most recent lawsuit will be accumulated with the oldest, except
in the case of an attractive lawsuit, in which the accumulation will be made to the latter,
and executive lawsuits, to which those of another type that have been promoted will be
accumulated.

Article 648.- When trials are processed in courts of different hierarchy, the
business known to the lower court will be added to the proceedings known to the higher
court.

Article 649.- The accumulation incident does not suspend the substantiation of
the trials to which it refers; But if in one or both of them a sentence is summoned, before
the accumulation is resolved, it will not be issued until the accumulation is executorily
denied.

Article 650.- The effect of accumulation is that the accumulated orders are
subject to the processing of the one to which they are accumulated, and that they are
decided by the same sentence and to this end, when the orders are accumulated, the
course of the order will be suspended. judgment that is closest to its completion, until the
other is in the same state.

Article 651.- The rule established in the previous article is not applicable to the
accumulations that are made to attractive and executive judgments, whose processing
will, of course, be accommodated by those that accumulate to them.

Article 652.- Everything acted by the competing judges before the accumulation is
valid.

CHAPTER TWENTY-FIFTH
THIRD PARTY
 Article 653.- The intervening third parties may oppose in any trial, whatever the
action taken in it and whatever the state in which it is located, as long as a sentence has
not yet been pronounced.

Article 654.- The third party intervener will be considered associated with the
party whose right he contributes and may take the steps he deems appropriate within the
trial and file the appropriate resources; but may not recuse without cause.

Article 655.- Once the action or defense by the third party intervener has been
deducted, the trial will continue in the state in which it is found and the sentence will
resolve the main action and the claim of the third party intervener. If the actor withdraws
from the main action, the trial will be concluded and the third party may exercise his
rights in the corresponding trial.

Article 656.- Third parties excluding ownership must be based on the ownership
that the third party alleges over the assets in question or over the action taken.

Article 657.- Preferential exclusion of third parties must be based on the best
right that the third party deduces to be paid.

Article 658.- Exclusive third parties may be opposed in any business, regardless
of its status, provided that, if they are domain, possession of the assets has not been
given to the auctioneer or the plaintiff, where appropriate, by way of adjudication. and
that, if they are preferred, the actor has not been paid.

Article 659.- Exclusive third parties will not suspend the course of the business
in which they are involved, and will be heard, separately, in the corresponding trial,
according to their interest, before the same Judge who knows the principal, hearing the
plaintiff and the defendant.

Article 660.- When the defendant agrees with the claim of the opposing third
party, only the third party between the latter and the plaintiff will be followed.

Article 661.- In the case provided for in article 722, if the claimant creditor does
not oppose the advance of the title presented by the previous mortgage creditor, the
corresponding execution will take effect for both, who will be considered, from that
moment, with equal rights. rights in everything related to the Procedure, both in the main
and in the incidents.

Article 662.- When three or more opponents appear, if they are satisfied, a single
trial will be followed, graduating their credits in a single sentence; but if they are not, the
rules of the universal trial of creditors will apply.

Article 663.- If the third party is exclusive of ownership, the main trial in which it
is filed will continue its proceedings until before the auction and, at that time, the
procedures will be suspended until the third party is decided.

Article 664.- If the third party is preferred, the procedures of the main lawsuit in
which it is filed will be followed, until the seized assets are realized, suspending the
payment that will be made, once the third party is defined, to the creditor who has the
best right. Until this is decided, the sale price will be deposited in accordance with articles
561 and relatives.

Article 665.- The filing of an exclusive third party authorizes the plaintiff to
request that the execution be improved on other assets of the debtor.
 Article 666.- If only some of the seized assets are subject to the exclusive third
party, the procedures of the main trial will continue until the assets not included in the
third party are sold and payment is made to the creditor.

Article 667.- The challenge filed and admitted in an exclusive third party inhibits
the challenged official from knowing it and the principal.

CHAPTER TWENTY-SIX
PRECAUTIONARY MEASURES

Article 668.- Before starting the trial, during it, and once the final sentence has
been issued, to guarantee its result or maintain the existing factual situation, the
following measures may be decreed:

I.- Seizure on certain or undetermined assets, to guarantee the results of the trial;

II.- Deposit or assurance of the documents on which the trial will be heard.

III.- If the measure referred to in section I is requested before the trial, the person
requesting it must establish, in their promotion, the amount of the demand; and the
resolution granting the measure will establish the amount for which the embargo must be
verified.

Article 669.- When the measure referred to in section I of the previous article is
requested, the following provisions will apply:

I.- Whoever requests the measure on specific assets must justify that the assets
they intend to seize as a precautionary measure are the property of the person against
whom the seizure is requested;

II.- Once the requirements established in section I above and in articles 668
section III and 670 have been met, the Judge will decree the seizure, which will be
executed in accordance with the relative provisions of this Code;

III.- If the seizure of undetermined assets is requested, the proceeding will be in

accordance with articles 558 to 594.

Article 670.- The applicant for the precautionary measure will guarantee with a
bond the damages that may be caused to the person against whom it is requested; But if
the precautionary measure tends to ensure the payment of food or civil liability arising
from the crime, it will be decreed without the need for the creditor to provide guarantee.

Article 671.- The amount of the bail will be set by the Judge, under his
responsibility.

Article 672.- To set the amount of the bail, the Judge may collect all the
necessary data.

Article 673.- The party against whom the precautionary measure is decreed may
grant counter-guarantee so that the measure already decreed is not carried out or lifted.

Article 674.- The amount of the counterguarantee will be equivalent to the

amount claimed.
 Article 675.- When the precautionary measure aims to ensure compliance with an
obligation to give, included in article 1640, section I of the Civil Code, or to do, accessory
to it, the provisions of the two previous articles will not apply. and that measure will only
be lifted if the defendant is acquitted or after the obligation has been fulfilled.

Article 676.- The precautionary measure will be decreed without hearing the
counterparty and will be executed without prior notification.

Article 677.- If the measure is decreed before the trial begins, it will be void if the
claim is not filed within three days following its execution, and the Judge will order the
things to be restored to the state they were in before the measure was decreed. .

Article 678.- The complaint appeal will proceed against the resolution that denies
the precautionary measure.

Article 679.- The precautionary measure may be claimed by the party against
whom it is decreed, or by another person who has an interest in the claim. This, except as
provided in article 2994 of the Civil Code, will be made in an incidental claim and within
five days from the time the claimant becomes aware of it.

Article 680.- Once the final sentence has been executed, the precautionary
measure can no longer be claimed in the manner established in the previous article.

CHAPTER TWENTY-SEVENTH
SUSPENSION OR INTERRUPTION OF THE PROCEDURE

FIRST SECTION
SUSPENSION OF THE PROCEDURE

Article 681.- The procedure will be suspended in cases ordered by law.

Article 682.- The state of suspension will be recorded by judicial declaration, at

the request of a party or ex officio.

Article 683.- The disappearance of the cause for suspension will also be recorded,
by means of a declaration at the request of a party or ex officio.

SECOND SECTION
INTERRUPTION OF THE PROCEDURE

Article 684.- The procedure is interrupted when one of the parties or their
representative dies.

Article 685.- The interruption will cease as soon as the existence of a

representative is proven.

Article 686.- If forty-five business days pass without the existence of a

representative being proven, a summons will be issued by edict in the manner established
in article 50 and the procedure will be resumed.

THIRD SECTION
PROVISIONS COMMON TO THE TWO PREVIOUS SECTIONS

Article 687.- The time of suspension or interruption will not be counted in any
terms.
 Article 688.- With the exception of urgent and assurance measures, any
procedural act verified during the suspension or interruption is ineffective, without it
being necessary to request or declare its nullity.

THIRD BOOK
VARIOUS KINDS OF TRIAL
ON HERITAGE ISSUES

FIRST CHAPTER
ORDINARY TRIAL

Article 689.- Disputes between parties, which do not have special processing
indicated in this Code, will be heard in ordinary court.

Article 690.- The ordinary trial will be processed in accordance with the
provisions of the First and Second books of this Code.

CHAPTER TWO
EXECUTIVE JUDGMENT

FIRST SECTION
GENERAL RULES

Article 691.- For the executive trial to proceed, it is necessary that the action be
based on one of the following titles:

I.- Testimony of a public deed, but not copies issued without the resolution
referred to in article 30.

II.- Any of the other documents that legally constitute full proof.

III.- Any private document, recognized under protest before the competent judicial
authority, or considered recognized in cases where the law allows it.

IV.- Documents that contain obligations guaranteed with a mortgage, referred to

in Article 2933 of the Civil Code.

Article 692.- Executive action does not proceed in the event that, due to non-
payment of the price in the sale, the object sold must be collected, because the contract is
terminated or the sale has been agreed with reservation of ownership.

Article 693.- If the executive title contains reciprocal obligations, the party
requesting execution, when presenting the claim, will record the benefits already payable
due to the defendant, or will verify that it has complied with its obligation.

Article 694.- Obligations under condition or term are not enforceable unless they
have been fulfilled, except as provided in the following cases:

a) That the term obligation is payable in the agreed terms;

b) In those provided for by Articles 1552 and 1558 of the Civil Code; and

c) As provided by Article 190 of this Code.

 Article 695.- The execution may be dispatched:

I.- By liquid amount in cash, or that can be settled in accordance with article 1841
of the Civil Code;

II.- By liquid quantity in kind;

III.- For the delivery of a specific good.

Article 696.- To dispatch the execution in the three cases listed in the previous
article, the Judge will be based on the obligation contained in the respective title.

Article 697.- If the debt consists of commercial papers, its price will be set at the
market price in the town in question.

Article 698.- If the debt is of public securities or any other type of negotiable
securities, its cash value will be computed at the quoted price of the same on the day the
obligation matures.

Article 699.- The amounts that, due to interest or damages, form part of the
claimed debt and were not liquid when the execution was dispatched, will be settled
within the trial period.

Article 700.- If the executive title contains an obligation that is only certain and
determined in part, its execution will be decreed, reserving the undetermined part for the
corresponding trial.

Article 701.- If the actor demands the execution of the act by the obligor or by
another person, in accordance with articles 1663 and 1664, respectively, of the Civil
Code, the Judge, taking into account the circumstances of the same act, will indicate a
prudent term so that the obligation is fulfilled.

Article 702.- Once the term referred to in the previous article has elapsed without
the obligation having been fulfilled, a seizure order will be issued, already for the amount
of the damages, the amount of which will be set by the plaintiff, subject to verification in
the trial. , already for the amount of the penalty, if any has been stipulated in the
contract.

Article 703.- If the credit collected is guaranteed with a mortgage, the creditor
may attempt executive or ordinary proceedings.

SECOND SECTION
EXECUTION

Article 704.- The Judge, when ruling on his jurisdiction and the personality of the
actor in accordance with article 238 and without hearing the defendant, will examine the
title and documentation exhibited and, in the same order, will dispatch or deny the
requested execution, being prohibited from transferring before the request.

Article 705.- The Judge, Secretary or employee of the Court, who violates the last
part of the previous article, will be suspended from their position from three months to
one year and will pay for the damages they cause.

Article 706.- A complaint may be filed against the order that grants or denies
execution.
 Article 707.- When execution has been legally denied, the rights of the person
who attempted the executive judgment will be safe, so that they can exercise them in the
appropriate way and manner.

Article 708.- When the executive action is exercised on a specific asset in kind
and its insurance is not possible, assets that cover its value, set by the executor, and
damages will be seized, as in other executions.

Article 709.- If the property is in the possession of a third party, executive action
may not be exercised against it, except in the following cases:

I.- When the action is real;

II.- When it has been judicially declared that the alienation by which the third
party acquired is included in the case provided for by article 2031 of the Civil Code, and
in the others in which that responsibility is expressly established by the same Code.

Article 710.- Once the execution order has been dispatched, which will have the
force of a formal order, the following provisions will apply:

I.- The investigator will require payment from the debtor, in accordance with that
order, so that he fulfills the obligation required of him.

II.- If the defendant, in the act of request, pays the principal amount and the
interest accrued until the day of the procedure, the seizure will no longer be carried out.

III.- If the debtor, in the act of processing the request, does not comply with what
is ordered, assets of his property sufficient to cover the amount demanded and the costs
will be seized.

IV.- When the seizure falls on movable property, it cannot be carried out except on
those that the agent has in view.

V.- The plaintiff or his representative must attend the practice of the request and
seizure procedure.

VI.- The execution will not be suspended in any case or for any reason.

VII.- If the assets to be seized have already been seized by any title, they will be
reseized and, where appropriate, articles 629 and 630 will apply.

VIII.- For the purposes of the registry, if it is real estate, a certified copy of the
seizure proceedings will be issued in duplicate and one of the copies, after the seizure has
been registered, will be attached to the records and the other will remain in the Registry
office.

IX.- In the case of credits guaranteed with a mortgage, the Judge will order the
claim to be recorded in the Public Property Registry of the place where the mortgaged
properties are located, for which purpose, the plaintiff will exhibit the necessary copies of
his writing and other supporting documents. Once the claim is recorded in the Public
Property Registry, no embargo, seizure of possession, precautionary diligence or any other
that hinders the course of the trial may be verified on the mortgaged property, except by
virtue of an enforceable judgment relating to the same property, duly registered and prior
to the date of registration of the aforementioned claim or due to a precautionary order
requested before the Judge, by a creditor with better rights, on a date prior to the
registration of the claim.

Article 711.- If the debtor is not found after having been searched once at his
home, a summons will be issued for a fixed time within the next day.

Article 712.- If the officer does not observe the previous article, a thirty-day
suspension will be imposed ex officio and if the failure is repeated he will be removed from
office.

Article 713.- If the debtor does not wait, after having been left with the summons
referred to in article 711, the diligence will be carried out with any person who is in the
house, or in the absence of it with the nearest neighbor.

Article 714.- In the case of the previous article, at the request of the plaintiff, the
Judge may dictate the necessary and conducive surveillance measures so that the
debtor's assets are not hidden.

Article 715.- If the whereabouts of the debtor is not known nor does he have
residence in the place, the request will be made as provided in article 50 and will take
effect three days from the day following the date of the last publication. without prejudice
to what is provided in the previous article.

Article 716.- Once the request has been verified in any of the ways indicated, the
property will immediately be seized in the manner expressed above, also applying, where
appropriate, the provisions of articles 558 to 594.

Article 717.- The right to designate the assets to be seized is governed by articles
574 to 575.

Article 718.- If the debtor indicates assets that do not belong to him, or the actor
designates some that are not the property of the debtor, they will be respectively
responsible for the damages and losses that are caused for these reasons, and this
obligation is independent of the criminal liability they incur.

Article 719.- The actor may indicate the assets that are to be seized, without
being subject to the order established in article 574:

I.- If the defendant is authorized to do so by virtue of an express agreement;

II.- If the defendant does not present any assets;

III.- If the goods were in different places; and in this case you can choose those
who were at the place of the trial.

IV.- In the case of article 576.

Article 720.- When the executive action is exercised on a specific asset or in kind,
and once the request is made, the defendant does not deliver it, the asset will be placed
under judicial seizure.

Article 721.- If the property no longer exists, the following provisions are
applicable:
 I.- Other assets will be seized that cover their value, set by the executor, plus
interest and damages, as in other executions.

II.- The executed person may object to the established values and present the
evidence he deems appropriate, following the course of the trial.

Article 722.- If the title with which the executive action is exercised is a mortgage
and the existence of other previous creditors, also mortgages, is proven, the Judge will
order them to be notified of the seizure order, so that if they deem it appropriate, they can
exercise their rights accordingly. to the law.

THIRD SECTION
SUBSTANTATION OF THE TRIAL

Article 723.- Once the seizure has been made, in the same procedure the
executed party will be summoned so that, within three days, he can make the payment or
oppose the execution.

Article 724.- If the defendant does not oppose the execution within the period
indicated for that purpose, once said period has expired, the Judge will ex officio summon
the sentence.

Article 725.- In the opposition document, the defendant will formulate any
exceptions he may have, subjecting himself to the rules contained in articles 245 and
relatives regarding the answer to the claim.

Article 726.- The counterclaim is inadmissible in the executive trial.

Article 727.- In case of opposition, the trial will be processed through summary
proceedings.

Article 728.- The sentence, if applicable, will order the execution and auction of
the seized assets and payment to the creditor.

CHAPTER THREE
EVICTION TRIAL

SECTION I
EVICTION TRIAL FOR FAULT
RENT PAYMENT

Article 729.- The eviction trial for non-payment of rent proceeds when it is
founded:

I.- In the absence of payment of three or more monthly payments if it is a

residential home, or two or more monthly payments in cases of lease for commerce or
industry;

II.- In the non-payment of one or more pensions, in the case of leasing rural
properties.

Article 730.- THE eviction trial for non-payment of rent will be processed through
summary proceedings.
 Article 731.- The plaintiff will accompany his claim with the written lease contract
and, if it meets the legal requirements, the Judge will issue the order referred to in article
238 and will order the transfer and summons to the defendant.

Article 732.- If the answer presents evidence of having made an offer to pay the
rent, followed by deposit, the Judge:

I.- The trial will be terminated if, in addition to the offer to pay the deposit, the
judicial authority that heard about these declared the debtor released; either

II.- It will determine in the sentence whether or not the offer and the consignment
were well made and, in the first case, the payment will be considered verified.

Article 733.- If the sentence is condemnatory, the eviction will be decreed,

ordering the defendant to be warned to vacate the locality within thirty days if it is a
habitation, sixty days if it is used for commercial or industrial purposes, and ninety days
if it is a rustic property, with warning. launch at its own expense if it does not do so.

Article 734.- The conviction, the appeal that confirms it, and the order that
decrees the execution of the sentence, will in all cases be notified personally to the
defendant, in the premises that are the subject of the trial, in addition to being notified at
the address that has been indicated. in records, or by list if the trial was continued in
absentia.

Article 735.- If the defendant does not vacate the premises, within the term
indicated in the ruling, the following provisions will apply:

I.- The launch will be carried out, and the locks on the doors of the house can be
broken if necessary.

II.- The furniture and objects found in the rented town or property will be
delivered to the defendant, his family members or a person authorized to receive them
and, if such people are not found in that place, they will be sent to the municipal
authority. leaving evidence of the diligence in the actions, with a detailed inventory of
those assets.

III.- When the launch is carried out, sufficient assets may be seized to cover the
pensions claimed and those that have been caused until the execution of the sentence, as
well as the costs and expenses, observing the provisions that this Code establishes on
insurance and execution of the sentence. .

Article 736.- At any stage of the trial and until the moment of carrying out the
launch, the defendant may avoid it, paying the pensions claimed and those that have
been caused up to the moment of making the payment.

Article 737.- If the payment of the claimed pensions is made when the claim is
answered, the trial will be terminated, without further processing, and the precautionary
embargo, if any, will be ordered to be lifted.

Article 738.- If the payment of the claimed pensions is made after answering the
claim, the pensions that have become due during the processing must be paid, and the
payment of the costs must be ensured.

SECTION II
VOCATION TRIAL DUE TO RESCISSION OR TERMINATION OF RENTAL AGREEMENT
 Article 739.- The vacancy trial proceeds when it is founded:

I.- In compliance with the term stipulated in the contract and the extension if any.

II.- In compliance with the term that the Civil Code sets for the termination of the
contract for an indefinite period and the extension if applicable.

III.- In any of the causes that, according to the Civil Code, motivate the
termination of the contract.

Article 740.- Articles 732, 734 and 735 are applicable to the vacancy trial, which
will be processed through summary proceedings.

Article 741.- The sentence, if applicable, will condemn the payment of unpaid
rents.

Article 742.- In vacancy proceedings, the tenant must deposit before the same
Judge of knowledge, and at the disposal of the landlord, the rents that become due during
processing.

Article 743.- If the lessee does not comply with the provisions of the previous
article, the launch may be attempted by separate rope, in the incidental way.

Article 744.- If the sentence handed down in the incident referred to in the
previous article condemns the launch, it will be executed as provided in article 735; and
the execution will be suspended, if the tenant pays the rents owed.

Article 745.- If the tenant stops depositing one or more rents again, the release
will continue.

Article 746.- Once the launch has been verified in the incident referred to in the
three previous articles, the vacancy trial is terminated by operation of law, leaving the
plaintiff's rights to costs and damages, if applicable, safe. would have been caused.

CHAPTER FOUR
TRIAL ON REAL RIGHTS

FIRST SECTION
GENERAL RULES

Article 747.- Lawsuits regarding the division of a common asset must be filed
against the co-owners, or co-heirs, and against the creditors who have a real right over
the common asset and who have registered their right in the Public Registry or judicially
claimed their credits. .

Article 748.- If the right to division is not questioned by the parties, it may be
done:

I.- Judicially, following the rules established for hereditary division;

II.- Extrajudicially before a Notary; either

III.- Before a splitter that the parties designate by common agreement.

 Article 749.- If the right to partition is questioned, the dispute will be decided in a
summary trial.

Article 750.- When there is no agreement between the interested parties, the rules
relating to forced execution will apply to the division of the common property, as
appropriate.

Article 751.- If necessary, the sale of movable or immovable property that does
not allow easy division will proceed, it will be carried out in the manner determined by the
parties if there is an agreement and, otherwise, the sale will be made applying the rules of
execution. forced

SECOND SECTION
DEMARCATION

Article 752.- The demarcation proceeds when it is reasonably believed that the
limits that separate the estates are not exact, because:

1, have been naturally confused;

2 , the signs that marked them are destroyed; either

3 , these signs are found placed in a place other than the original one.

Article 753.- The owner, the possessor with sufficient title to transfer the domain
and the usufructuary have the right to promote the demarcation.

Article 754.- The demarcation request must contain:

I.- The name and location of the property that must be demarcated;

II.- The place or places where the demarcation must be executed,

III.- The names of the neighbors who may have an interest in the demarcation;

IV.- The place where the signs are and where they must be placed; and if they no
longer exist, the place where they were.

Article 755.- The plans and other documents that must be used for the diligence
will be accompanied, providing information in the absence of them and appointing an
expert to carry out the recognition.

Article 756.- The Judge will order the request to be made known to the
neighboring or interested parties, so that within three days they present the titles,
documents or plans they have.

Article 757.- The information that is necessary to prove facts will be received with
summons from the interested parties, within a period not exceeding ten days.

Article 758.- No more than three witnesses for each party will be admitted to the
information.

Article 759.- Once the information is received, the Judge will set the day and time
for the demarcation and will let the interested parties know.
 Article 760.- If it is necessary to identify one or some of the marked points, the
Judge will prevent each party from presenting two identity witnesses.

Article 761.- On the designated day and time, the Judge, accompanied by the
Secretary, the experts and the identity witnesses, will carry out the demarcation, and a
detailed record of what was executed will be drawn up.

Article 762.- The Judge will order that appropriate signs be posted at the
demarcated points, which will remain as legal limits if the demarcation is approved.

Article 763.- At the request of the promoter, after hearing the interested parties,
the Judge will resolve, within five days, approving the demarcation, if there is no
opposition.

Article 764.- The demarcation expenses will be made pro rata by the promoter
and the adjacent owners; but the Judge may exempt neighboring residents who are
notoriously poor from the obligation to contribute towards expenses.

Article 765.- The demarcation procedure must be limited to demarcating the

limits, reserving any controversy between the parties that arises about ownership or
possession, so that it can be deduced in the corresponding summary judgment.

Article 766.- The ruling, in the trial referred to in the previous article, will also
decide the points on which there has been opposition from the parties, which, in the
meantime, will not be separated nor will any sign be fixed on them.

THIRD SECTION
CONFESSORY AND NEGATORY ACTIONS

Article 767.- The action that aims to claim an easement, referred to in section II
of article 179, is called Confessorial action.
Article 768.- The Confessoria action belongs to the owner or possessor of the dominant
property, and to the holder of a real right over this property.

Article 769.- If the dominant property belongs pro undivided to several owners,
any of them may attempt the confessional action.

Article 770.- The confessional action is granted against the owner, or the civil
possessor of the servient property.

Article 771.- If the defendant is only a precarious possessor, he must, under his
responsibility, inform the Judge of the name and address of the person by whom he
possesses, who will be called to the trial as a defendant.

Article 772.- If there are several owners of the servient property, the action must
be brought against all of them.

Article 773.- Through the confessional action it is possible to obtain that the
existence of the easement be declared, that the obligations originated by it be recognized
and that the violation of that right ceases.

Article 774.- The action referred to in section III of article 179 is called negative
action, and its purpose is:

I.- The declaration that a property is free of an easement;

 II.- The demolition of works or signs that imply the existence of an easement;

III.- The declaration of freedom from encumbrances of a property;

IV.- The reduction of the taxes that a property bears;

V.- The marking in the Public Property Registry of the relative registration or,
where appropriate, the corresponding annotation.

Article 775.- Negative action is applicable:

I.- To the owner of the property;

II.- To the civil possessor;

III.- To the holder of a real right over the property.

Article 776.- If the property belongs in undivided ownership to several owners,

any of them may attempt negative action.

Article 777.- The negative action must be filed:

I.- Against the owner or owners of the dominant property;

II.- Against the person who claims to be the owner of the real rights.

Article 778.- It is up to the plaintiff to prove that a lien was extinguished or

reduced by agreement.

Article 779.- Except for the cases provided for in the previous article, whoever
affirms the existence of a lien bears the burden of proof.

Article 780.- Legal easements are proven, by demonstrating the assumptions

established by law, for their existence.

Article 781.- Whoever claims to have the right to a voluntary easement bears the
burden of proving the title of that right, even if he or she is in possession of the easement.

Article 782.- The following provisions are applicable to confessional or denial

actions:

I.- The Judge may decree, ex officio or at the request of a party, the urgent
measures necessary to avoid serious harm to any of the parties interested in confessional
or denial actions.

II.- The rulings referred to in the previous section may be confirmed or revoked in
the final ruling, or modified at any stage of the trial.

III.- In the cases provided for in the two previous sections of this article, the Judge
may require from the parties the prior information that he considers necessary.

Article 783.- Disturbances or violent dispossessions or those that imply damage

can be fought in the same trial in which the confessional action, or the denial, is
exercised.
 FOURTH SECTION
CANCELLATION OF LIENS DUE TO PRESCRIPTION

Article 784.- When in the Public Property Registry there is a registration or

annotation, by which any property registered in the same Registry appears encumbered
or affected in any way, the debtor may sue the person summarily. in whose favor the
registration or annotation was made, and to the successors in title, the declaration that
the debt had been extinguished by prescription.

Article 785.- In the case of the previous article, testimony of the sentence must be
requested, so that the lien or annotation is canceled.

FIFTH SECTION
CANCELLATION OF REGISTRATION OF EMBARGOES

Article 786.- In the case of section IV of article 3012 of the Civil Code, any
interested party may request, through incidental means, the cancellation of the
registration of an embargo, three years after it has been made and the Judge will issue
the appropriate resolution. , after hearing the creditor or whoever legally represents him
and without prejudice to the appropriate re-registration.

SIXTH SECTION
USUCAPION TRIAL

Article 787.- Anyone who has possessed real estate for the time and with the
conditions established by the Civil Code for usucapion may file, through summary
proceedings, a trial against the owner of said property, in order to declare that he or she
has the actor acquired the property.

Article 788.- If the property is registered in the Public Property Registry, the
lawsuit will be filed against whoever appears therein as the owner.

Article 789.- If the property is not registered in the Public Property Registry, it will
be considered that it is an unknown person, and the location will be made accordingly,
without prejudice to the person being notified personally. in the lawsuit as an interested
party.

Article 790.- In any case, the transfer of the claim will be made personally to the
neighbors of the property that is the subject of the lawsuit.

Article 791.- Anyone who may have a right contrary to that of the actor will also
be summoned, in the manner provided in article 50.

Article 792.- With the demand, a certificate of registration or the absence thereof
will be presented.

Article 793.- The enforceable judgment that declares the usucapion action
admissible will serve as the property title and will be registered in the Public Property
Registry.

SEVENTH SECTION
REVINDICATORY TRIAL
 Article 794.- The purpose of the vindication action is to declare that the plaintiff
is the owner of the property whose vindication is requested, and to order the defendant to
deliver it with its fruits and accessions.

Article 795.- The reclaiming action is the responsibility of the owner of a property
that is not in possession of it.

Article 796.- The reclaiming action may be brought against the civil or precarious
possessor of the property.

Article 797.- If the defendant is only a precarious possessor of the property that is
the object of the reclaiming action, he will have the same obligation established by article
771, and the civil possessor will be called to trial as a defendant.

Article 798.- For the claim action to proceed, the plaintiff must prove:

I.- That he is the owner of the property he claims; that the defendant is the owner
of the property that is the subject of the lawsuit;

II.- The identity of the property claimed by the actor with the property owned by
the defendant.

Article 799.- If accessory benefits are demanded, such as fruits or damages, the
existence of these accessories must be proven.

Article 800.- Regarding the fruits produced by the property, the object of the
claim, and the expenses incurred by the defendant, while the property is in his
possession, the provisions of the Civil Code relating to possession will apply.

Article 801.- By virtue of the executory judgment that decides in favor of the
plaintiff, on the vindication action regarding the substance, the defendant loses
ownership and possession of the property in question.

CHAPTER FIVE
POSSESSORY LAWSUITS

FIRST SECTION
GENERAL RULES ON INTERDICTS

Article 802.- Interdicts are those judgments that have the objective of retaining or
recovering interim possession of an asset, or taking the necessary measures to prevent
damage that is feared to it.

Article 803.- Injunctions only apply with respect to real estate and real rights
constituted over them.

Article 804.- If those who are in possession of the rights of a father or mother, son
or daughter, are stripped of them or disturbed in their exercise without a sentence
preceding by which they must lose them, they may exercise the actions referred to. this
chapter, against the author or authors of the dispossession or disturbance so that they
are maintained or restored to possession.

Article 805.- Interdicts cannot be added to the property trial or to the possession
plenary.
 Article 806.- The sentence that decides the property and plenary possession trials
will produce, in the interdicts, whatever the state in which they are found, even in the
period of execution of the sentence, the effects of res judicata.

Article 807.- Anyone who has been defeated in a property trial, or in a possession
plenary, cannot make use of the interdicts, with respect to the same property.

Article 808.- The loser of an interdict to retain or recover possession may later
make use of the plenary possession trial or the vindictive trial.

Article 809.- The interdicts will be followed in summary judgment and with the
modifications referred to in the Second and Fifth sections of this Chapter.

SECOND SECTION
INJUNCTION TO RETAIN POSSESSION

Article 810.- The interdict is competent to retain anyone who, being in civil or
precarious possession of the goods or rights referred to in articles 803 and 804, is
disturbed in said possession or seriously and illegally threatened with dispossession.

Article 811.- The interdict action to retain possession must be exercised against:

1 , of the disturber;

2, of the person who ordered the disturbance; either

3, who knowingly and directly takes advantage of the disturbance.

Article 812.- The interdict action to retain possession may also be exercised
against the successor or successor in title of the persons referred to in the previous
article.

Article 813.- The actor will provide information on the following two points:

I.- That he is in possession of the property or right that is the object of the
interdict; and

II.- That you have been illegally disturbed or threatened in said possession,
expressing in both cases which are the acts that constitute disturbance or threat.

Article 814.- By ordering the defendant to be summoned, the Judge may order
the necessary measures to maintain things in the state in which they were when the
lawsuit was filed.

Article 815.- The condemnatory sentence will provide what is appropriate so that
the possessor does not continue to be disturbed or threatened.

THIRD SECTION
INJUNCTION FROM RECOVERING POSSESSION

Article 816.- The interdict to recover possession is the responsibility of:

I.- To the one who has possessed for more than a year, in his own name or that of
another and was dispossessed without right;
 II.- Anyone who has owned it for less than a year in their own name or in the
name of another, if they were dispossessed by violence or de facto means,

III.- Anyone who believes their rights have been aggrieved because a person
occupies a property as if they were a tenant, without having entered into the respective
contract.

Article 817.- In the lawsuit relating to the injunction to recover, the plaintiff will
request that he be restored to the possession or possession of the property or right of
which he has been dispossessed, and will accompany the documents that justify his right
to possession or possession.

Article 818.- For the purposes of the previous article, violence is considered any
act by which a person usurps, of his own free will, the property or right that is the subject
of the interdict; and by de facto means, serious, positive acts of such a nature that they
cannot be executed except by violating the protection that the laws grant to people.

Article 819.- The actor must offer information about the fact of the dispossession,
designating the author of the dispossession.

Article 820.- If the evidence proves that civil or precarious possession and
dispossession are justified, the Judge will decree restitution, condemning the
dispossessor to pay costs, fruits, damages and losses.

FOURTH SECTION
NEW BUILDING INTERDICT

Article 821.- The interdict of new construction can be filed when someone
believes that their property or possessions have been harmed by a new construction that
is being built on another's property, and its purpose is to prevent its continuation.

Article 822.- You cannot denounce the work that someone does, in accordance
with the legal provisions, to repair or clean the pipes and ditches where water is collected
from buildings or estates.

Article 823.- In the cases referred to in the previous article, the administrative
regulations will be observed.

Article 824.- The interdict will be filed requesting the suspension of the new work
and, where appropriate, the demolition of what was executed, as well as the restitution of
the things to the state they previously had, all this at the expense of whoever executes or
has executed the work.

Article 825.- The claim will be accompanied by the documents that justify it and,
where appropriate, testimonial information will be offered, which will be received before
admitting the claim and without a contrary summons, within five days following its offer.

Article 826.- The Judge, in view of the promotion and the justifications provided,
will order, if he considers that there is a basis for it, the inspection of the work whose
suspension is in question, and will personally carry out said inspection, accompanied by
the Secretary. and an expert who will be appointed for this purpose.

Article 827.- In view of the result of the diligence referred to in the previous
article, and the testimonial evidence received in accordance with article 825, the Judge, in
the order that admits the claim, or before in case of urgency, will order, If there is a basis
for this, the provisional suspension of the work, under warning of demolition of what will
continue to be built after the respective notification has been made.

Article 828.- The work must be suspended after the owner, the person in charge
of it, or those who are executing it are notified of the order ordering its suspension.

Article 829.- If the provisional suspension order is disobeyed, the demolition of

what has been built will be carried out after being notified, and a record will be drawn up
recording the destruction.

Article 830.- In the same order in which the suspension of the work is decreed,
the Judge will order the transfer of the claim.

Article 831.- Within the evidentiary term, testimonial information will be received
again, and this time with a contrary summons, about the facts regarding which it has
been disclosed in accordance with article 325.

Article 832.- The ruling will ratify or not the suspension and, if the parties have
requested it and it is legally appropriate, it will order the demolition of the work, or
authorize its continuation.

Article 833.- Anyone who owns the property on a precarious basis cannot use the
new construction interdict.

FIFTH SECTION
INTERDICT OF DANGEROUS WORK

Article 834.- The prohibition of dangerous works is intended to:

I.- The adoption of urgent measures to avoid the risks that the poor condition of a
construction, or any other object, may offer;

II.- The adoption of the same measures to avoid damage caused or may be caused
by a work, even in good condition, already completed;

III.- The demolition, repair or reform of the work, or the destruction of the object
that offers risks.

Article 835.- The interdict does not apply if the administrative authority has
decreed any of the measures referred to in the previous article.

Article 836.- They can use the dangerous work interdict:

I.- The owner or possessor of any property that may suffer or be lost due to the
ruin of the work or the fall of the object, or that may suffer damage due to the
construction carried out;

II.- Those who need to pass through the vicinity of the construction that threatens
ruin.

Article 837.- If the purpose of the request is to adopt urgent precautionary

measures, to avoid the risks that the poor condition of any work or property accessory to
the property may offer, the following provisions will apply:
 I.- The Judge must appoint an expert and, accompanied by him and the Secretary,
proceed to inspect the construction or accessory property himself.

II.- The expert's opinion will be reasoned and the judge, in view of this opinion and
the inspection, will immediately decree the appropriate measures for due security, or will
deny them, as they are not considered urgent or necessary.

III.- If the Judge decrees security measures, he must compel the owner, his
administrator or agent or the tenant on behalf of rent to carry them out.

IV.- In the absence of the persons mentioned in the previous section, the
measures will be executed on behalf of the actor, safeguarding his right to claim from the
owner of the property, work or construction, the expenses incurred.

Article 838.- If the interdict is intended to demolish any work or building, the
Judge will call the parties to a meeting within the following three days.

Article 839.- The Judge, before or after the meeting, as he deems appropriate, will
carry out a visual inspection accompanied by the Secretary and an expert appointed for
this purpose.

Article 840.- The interested parties will attend the diligence indicated in the
previous article, if they wish and the urgency of the case permits.

Article 841.- If the Judge decrees the demolition, he will order that it be done
under the direction of an expert appointed by him, in order to prevent damage from being
caused when carrying it out.

Article 842.- In the processing of the interdict to which this section refers, the
Public Ministry will be heard.

SIXTH SECTION
PLENARY POSSESSION TRIAL

Article 843.- In the plenary possession trial, actions regarding definitive

possession are exercised and it is decided who, between the plaintiff and the defendant,
has the best right to possess and to be maintained or restored in possession.

Article 844.- In the plenary possession trial, only issues related to possession will
be discussed and the ruling will not deal with property.

Article 845.- The exercise of these actions is competent:

I.- To the one who bases his right exclusively on possession;

II.- To the person who acquired possession with fair title, from whom he was not
the owner of the property, if he loses it before having acquired the property by usucapion;

III.- To the one who claims the best right to possess;

IV.- To the usufructuary;

V.- To the successors or heirs of the people listed in the previous sections.

Article 846.- The plenary possession trial may be attempted against:

 I.- The civil possessor;

II.- The precarious possessor;

III.- The simple holder; and

IV.- The one who possessed and stopped possessing, to avoid that trial or its
consequences.

Article 847.- If the defendant is a precarious possessor, he must, under his

responsibility, inform the Judge of the name and address of the person by whom he
possesses, who will be called to the trial as a defendant.

Article 848.- The best possession will be qualified in accordance with articles
1361 to 1363 of the Civil Code.

Article 849.- The plenary possession trial must deal with assets that can be
claimed, whether corporeal, movable or immovable, or real rights, and will be processed
through summary proceedings.

Article 850.- The plenary possession action may be filed at any time, as long as
the term has not elapsed, to acquire the property in question, by usucapion.

Article 851.- If an interdict is pending, the plenary action for possession cannot
be exercised until the sentence that ends the interdict is decided and executed.

Article 852.- The sentence will order maintaining or restoring possession to

whoever it recognizes has the best right to possess.

CHAPTER SIX
TRIAL ON CIVIL LIABILITY

FIRST SECTION
CIVIL LIABILITY ARISING FROM CRIME

Article 853.- The provisions of this section are applicable only to issues relating to
civil liability arising from acts considered and punished as crimes.

Article 854.- Civil liability may be demanded:

I.- To the person responsible or persons responsible for the crime,

II.- To persons other than the person responsible or responsible for the crime, to
whom this obligation is imposed by articles 1965 to 1973 of the Civil Code;

III.- To the State, in the case of article 1976 of the Civil Code.

Article 855.- When the persons referred to in sections II and III of the previous
article are sued, the person responsible or persons responsible for the crime will be sued
at the same time.

Article 856.- If the State is sued for payment of civil liability, the judicial authority
will, ex officio, excuse the assets of the author of the damage, in the manner established
by article 2757 of the Civil Code.
 Article 857.- The civil liability action arising from a crime may be brought before
the Judge who knows the process, from the day following the order of formal
imprisonment, until the order is issued declaring the investigation exhausted, and in all
matters not foreseen. In this chapter, the civil liability trial, followed before the Social
Defense Judge, will be governed by the provisions of this Code of Civil Procedures.

Article 858.- The action on civil liability will be processed separately from the
process.

Article 859.- Once the claim is presented, if it meets the legal requirements, the
Judge of the process will admit it and will order it to be transferred to the defendants, so
that they can answer it within a period of three days.

Article 860.- The exceptions that the defendant may raise will be proposed in the
answer and there will be no prior and special ruling article.

Article 861.- No counterclaim is admitted in this trial.

Article 862.- The trial period will be twenty days.

Article 863.- The trial of responsibility arising from a crime will be decided in the
same sentence as the process; But if the liability trial reaches the stage where a judgment
is handed down, it will be resolved until the process is ruled on.

Article 864.- The Social Defense Judge will send the file related to the civil liability
trial to the Civil Judge, who will continue processing it, in the following cases:

I.- When the civil liability trial has not yet reached the stage where a sentence is
handed down, it is summoned in the process for the hearing in which it must be heard;

II.- When the defendant escapes; and

III.- When the defendant is in a state of incapacity.

Article 865.- In the cases provided for in the previous article, the following
provisions will apply:

I.- The Civil Judge will continue processing the liability trial, ordering the parties
to be notified in advance of the order deeming the file received and ordering that
continuation.

II.- In the case of section III of the previous article, the Civil Judge will appoint the
defendant a guardian, if he has not yet been appointed, to represent him in the Trial.

III.- The Civil Judge will ask the Social Defense Judge for a copy of the
proceedings and documents existing in the process.

IV.- The notification referred to in section I above will be made, where appropriate,
in accordance with article 50.

Article 866.- The liability trial may be initiated and continued before the Civil
Judge:

I.- When the Public Ministry has not exercised criminal action;
 II.- If, having carried out the criminal action by the Public Prosecutor's Office, it is
withdrawn;

III.- When the Public Prosecutor's Office has carried out the criminal action, the
arrest of the accused or accused has not been achieved;

IV.- When the process is suspended due to the escape of the defendant or his
incapacity and the action has not been exercised before;

V.- When the term referred to in article 857 has elapsed, without a civil liability
claim having been presented during this period;

VI.- If the criminal action is extinguished for a cause that does not affect or
extinguish civil liability;

VII.- In the cases provided for in the Code of Procedures regarding Social Defense.

Article 867.- When the civil liability action arising from a crime begins or
continues before a civil judge, the summary trial procedure will be followed.

Article 868.- The Social Defense Judge who issues a formal imprisonment must
then, ex officio or at the request of the Public Ministry:

I.- Order the offended party or his representative to be notified of the order of
formal imprisonment and to be issued a simple or certified copy of it.

II.- Sign the security made by the Public Prosecutor's Office of the assets of the
accused or the person in charge of the civil liability, if the Judge considers that they are
sufficient for that purpose.

III.- Secure sufficient assets of the accused to guarantee civil liability arising from
the crime(s) in question:

a).- If the Public Ministry did not make this assurance; either

b).- If the assets insured by the Public Ministry are not sufficient.

IV.- He will send the confirmation or assurance referred to in the two previous
sections to the accused, the Public Prosecutor's Office and the offended party.

V.- If the Public Ministry secures property owned by the person in charge of the
civil liability, according to articles 1962, 1965, 1967 to 1973, of the Civil Code, confirms
that insurance, it will inform the owner of those assets of the confirmation.

VI.- Summon the injured party or his representative to a hearing in which he will
be informed of his rights to compensation for the damage and the manner and terms in
which he must exercise such rights.

Article 869.- The Public Prosecutor's Office, under its responsibility, must ensure
that the legal provisions on civil liability are complied with in the process, and will assist
the offended party or his representative to obtain this compliance.
 Article 870.- If within the process, the offended party promotes the payment of
civil liability, the insurance or confirmation of this, referred to in sections II and III of
article 868, will be subject to the sentence issued.

If the liability trial is ruled in the same sentence as the process, the Social Defense
Judge will be competent to execute it.

Article 871.- The seizure of assets confirmed or carried out in accordance with the
provisions of article 868 sections II and III, will be lifted:

I.- When the person who has the right to demand civil liability, or his
representative, appears personally before the Judge, and states that he has been paid the
civil liability, of which a record will be drawn up.

II.- When the defendant(s) are executorily absolved from payment of civil liability;
and

III.- If the civil liability trial is not promoted within six months, starting from the
day following the day on which the person entitled to civil liability is notified, the order
declaring enforceable the conviction handed down in the process .

Article 872.- If the Public Prosecutor's Office and the Social Defense Judge did
not secure assets, or those they secured were not sufficient to guarantee payment of the
civil liability arising from a crime, whoever sues the former before the Civil Judge may
promote the corresponding precautionary embargo.

The precautionary embargo referred to in the previous paragraph, and the

securing of assets and their confirmation object of sections II and III of article 868, will be
decreed without the granting of any guarantee.

Article 873.- To hear the trial of civil liability arising from a crime, the Civil Judge
of the District in which the process was processed or should be processed is competent,
regardless of the domicile of the defendants.

SECOND SECTION
CIVIL LIABILITY ARISING FROM NON-CRIMINAL ILLICIT ACT AND LEGAL ACT

Article 874.- Issues relating to civil liability arising from non-criminal illicit acts
and from lawful acts will be processed in ordinary proceedings.

CHAPTER SEVEN
SUMMARY TRIAL

Article 875.- The following businesses will be processed in a summary trial:

I.- That their purpose is to claim sums whose amount does not exceed five
hundred days of minimum wage.

II.- That refer to any issue related to leasing, deposit, possession, mutual,
sharecropping, mandate and lodging.

III.- When their purpose is the constitution, extension or division of a mortgage,

its registration or cancellation.
 IV.- When they concern a request for inheritance or the portion that has been
assigned to an heir in the partition.

V.- When their purpose is to collect fees.

VI.- When they refer to the cases provided for in articles 1278, 1279, and 1299 of
the Civil Code and 208 of this Code of Civil Procedures.

VII.- When provided by law.

Article 876.- If in the answer a counterclaim is made by exercising actions not

included in the cases referred to in article 875, from that moment on, the processing
indicated in ordinary trials will be followed.

Article 877.- The term to answer the claim and to counterclaim will be three days;
The trial period is twenty days, of which the first five will be for the offer of those and the
remaining fifteen for their relief, articles 452 and 453 being applicable.

CHAPTER EIGHTH
ARBITRATION TRIAL

FIRST SECTION
CONSTITUTION OF THE COMMITMENT

Article 878.- Arbitrators can be legal arbitrators or friendly arbitrators.

Article 879.- Arbitrators of law are those who, for the decision of the business
whose knowledge is submitted to them, must strictly adhere to the provisions of the law.

Article 880.- Arbitrators or friendly arbitrators are those who decide according to
their conscience and equity, without being subject to the provisions of the law.

Article 881.- Those who are in full exercise of their rights may subject their
differences to arbitration.

Article 882.- The commitment can be celebrated before there is a trial, during it,
regardless of the state in which it is found, and even after the sentence has been
pronounced.

Article 883.- The commitment after the irrevocable sentence can only be held if
the interested parties expressly renounce the rights it grants.

Article 884.- The commitment must be concluded in a public deed if the value of
the lawsuit exceeds one hundred days of salary.

Article 885.- If the value of the lawsuit does not exceed one hundred days of
salary, it may be held before a competent Judge, or in private writing if it does not exceed
the amount of twenty days of salary.

Article 886.- The commitment must contain:

I.- The names of those who grant it;

II.- Your ability to bind yourself;

 III.- The character with which they contract;

IV.- Your address;

V.- The name and address of the arbitrators;

VI.- The name and address of the third arbitrator or the persons who are to
appoint him and the manner of making the appointment;

VII.- The way to make up for the faults of the arbitrators and the third party, and
the designation of the person or judge who must appoint the latter, if applicable;

VIII.- The business or businesses that are subject to the arbitration judgment;

IX.- The period in which the arbitrators and the third party must pronounce their
ruling;

X.- The character given to the referees;

XI.- The manner to which the arbitrators must adhere in the substantiation;

XII.- The statement of whether the legal resources are waived, strictly stating
which ones are waived;

XIII.- The place where the trial is to take place and the sentence is to be executed,
and the Judge who must execute it, if there are several judges in that place.

Article 887.- The lack of any of the conditions prescribed in the preceding article
annuls the commitment; but nullity can only be claimed before the arbitrators as long as
the claim has not been answered, and the claim has been made, the arbitrators will send
the files to the ordinary Judge designated for execution, so that, once the relative incident
has been substantiated, he may issue the corresponding resolution. .

Article 888.- Interested parties may appoint a single arbitrator, or one for each
party.

Article 889.- If the arbitrators are tasked with appointing the third party, they
must make that appointment in the first session.

Article 890.- If the appointment mentioned in the previous article is made to

another person or persons, or if the parties reserve the appointment, it will be made
before the first session of the arbitrators.

Article 891.- If the people who must appoint the third party do not agree, the
Judge will do so within three days; but none of those who have been proposed by them
may be named.

Article 892.- The provisions of the previous article will also be observed in the
event that the third party has to be replaced; then, the period will be six days, counted
from the time the parties are notified of the need for the appointment.

Article 893.- The parties may, by agreement formulated in writing, extend the
period that has been indicated to the arbitrators.
 Article 894.- The term will be counted, for the arbitrators, from the day following
the day on which the last of them has accepted, and for the third, from the day following
the day on which the records with the respective rulings have been delivered. .

Article 895.- In the arbitration trial, the general rules of the trials will be
observed, as soon as they are applicable.

Article 896.- The obligations imposed by the commitment are transferable to the
heirs, who, even if they are minors, must be subject to the arbitration decision.

Article 897.- The commitment produces the exceptions of incompetence and lis
pendens, if during it the business is promoted before an ordinary court.

Article 898.- Since the commitment is signed, the prescription period is

suspended; but if the trial is not completed for reasons independent of the will of the one
who is prescribing, the time that has passed from the date of the commitment until the
suspension will benefit him and will be computed in the legal period.

Article 899- The confession made before the arbitrators and the other evidence
given will have the same value as if they had been given in the same business, before the
competent Judge.

Article 900.- The arbitrators and the third party must accept their appointment
before the Notary or the Judge before whom the commitment has been made.

Article 901.- Acceptance will be made within six days, counted from the day
following the day in which the appointment was notified to the last arbitrator.

Article 902.- The third party must accept within six days, counted from the day
following the day in which his appointment was made known to him.

Article 903.- Acceptance is tacit, if within the six days referred to in the previous
article, the arbitrators or the third party have not excused themselves.

Article 904.- If any of the arbitrators or the third party excuses themselves, the
party to whom it corresponds will make a new appointment within six days and, if they do
not do so, the respective Judge will do so.

Article 905.- If none of the arbitrators accept and the parties do not appoint
others within the stated term, the commitment expires.

Article 906.- If one of the parties makes the appointment and not the other, the
Judge will do so.

Article 907.- The provisions of the two preceding articles will also be observed
with respect to the third.

Article 908.- Once the appointment is accepted, the arbitrators are obliged to
carry out the assignment; and the parties, and the Judge at their request, may compel
them to fulfill the contracted duty, in accordance with the commitment.

Article 909.- If, despite the first means of judicial enforcement, the arbitrators
refuse to carry out the assignment, they will suffer a fine equal to five percent of the
interest in the lawsuit, and will also be responsible for damages. In this case the
commitment will expire.
 Article 910.- In the case of the previous article, if only one of the arbitrators
refuses to carry out the assignment, his place will be filled in accordance with the
commitment.

Article 911.- The provisions of the preceding article will also be observed when
the person who refuses is the third party, without prejudice to the penalty, fine and
compensation referred to in article 909.

Article 912.- If the party or person who, in accordance with the commitment,
must appoint an arbitrator, to make up for the lack of those appointed, does not make the
election, the Judge will make it.

Article 913.- If the appointment should be made by both parties and both parties
refuse to do so, the commitment will expire.

SECOND SECTION
WHO CAN COMPROMISE IN REFEREES AND WHO THESE CAN BE

Article 914.- Those who are in full exercise of their civil rights may be arbitrators.

Article 915.- Officials and employees of the Judiciary and the Public Ministry
cannot be arbitrators.

Article 916.- Guardians cannot compromise the affairs of minors, even if they are
emancipated, nor appoint arbitrators, except with judicial approval.

Article 917.- The agent cannot commit arbitrators, except with express power or
clause.

Article 918.- The bankruptcy trustees can only commit arbitrators with the
unanimous consent of the creditors.

Article 919.- Executors need the unanimous consent of the heirs to commit the
business of the testamentary or intestacy to arbitrators.

THIRD SECTION
BUSINESSES THAT MAY BE SUBJECT TO ARBITRATION JUDGMENT

Article 920.- Civil affairs may be submitted to arbitration, regardless of the action
taken.

Article 921.- The following are excepted from the provisions of the previous
article:

I.- The right to receive food; but not the amount of expired food;

II.- Divorce business;

III.- Marriage annulment business;

IV.- Those concerning the civil status of the people; with the exception contained
in article 544 of the Civil Code;

V.- Businesses in which minors are interested;

 VI.- Others expressly prohibited by law.

Article 922.- Two or more deals may be subject to the same arbitration trial, but
they must be specified exactly in the deed of commitments.

FOURTH SECTION
SUBSTANTIATION OF THE ARBITRAL TRIAL

Article 923.- The parties cannot leave the substantiation of the trial to the will of
the arbitrators.

Article 924.- When using the power granted to them by section XI of article 886,
the parties must detail the procedure.

Article 925.- If during the course of the trial any doubt arises, the arbitrators will
be subject, in the doubtful point, to what is provided for in the ordinary trial.

Article 926.- The arbitrators must proceed in agreement throughout the

substantiation. If in any case they are in disagreement, the third party will be called.

Article 927.- The arbitrators must act with a Secretary, who will be a lawyer and,
if this is not possible, with a lay Secretary. Both the former and the latter will be
appointed by the arbitrators if nothing else is provided in the agreement; but neither in
one case nor in the other can a person employed in any court intervene.

Article 928.- Arbitrators must be subject to the legal precepts of the ordinary
trial, insofar as it has not been modified by the parties.

Article 929.- The arbitrators may act at any day and time, unless the commitment
provides otherwise.

Article 930.- If only a term is established to resolve the business, within it the
arbitrators may designate the terms that they believe are convenient for the different
parties of the substantiation.

Article 931.- The referees will personally receive the evidence; but the issuance of
the letters and letters referred to in articles 74 and 75 and the certification of documents
from the protocols and archives will be carried out by the ordinary Judge, to whom the
arbitrators will ask, unofficially or at the request of a party, to carry out these procedures.
.
Article 932.- Arbitrators may hear about incidents without whose resolution it would not
be possible to decide the main business; but they can only learn about other incidents
with the authorization of the parties.

Article 933.- The arbitrators can decide whether or not the businesses that have
been submitted to their judgment are included in article 921; but not about the validity or
nullity of the commitment, or its appointment.

Article 934.- Arbitrators cannot hear the counterclaim.

Article 935.- The arbitrators may award costs, damages and losses to the parties;
but do not impose fines. For all types of enforcement, they must appear to the ordinary
Judge.
 Article 936.- Article 262 will always govern referees.

Article 937.- The arbitrators and the third party appointed by the parties are
subject to challenge for the same reasons as the judges, provided that these occur after
the commitment. The Secretary is also the same, when he has not been appointed by the
parties.

Article 938.- The third party appointed by the arbitrators, or by another person,
is subject to challenge in accordance with the law.

Article 939.- The referees, after accepting the assignment, can only be excused
due to proven illness that prevents them from performing their duties within the indicated
period; due to justified absence and when, for unforeseen reasons, they have an
unavoidable need to attend to their business and this prevents them from carrying out
their duties.

Article 940.- The ordinary Judge will hear about the challenges and excuses of
the arbitrators.

Article 941.- If, pending the arbitration trial, the arbitrator obtains any position or
employment included in article 915, he or she will cease to hold office and be legally
replaced. The same will be observed with the Secretary, if applicable.

Article 942.- When an arbitrator has to be replaced, the terms will also be
suspended for the time necessary to make the new appointment.

Article 943.- If any of the interested parties die, the terms will also be suspended,
while the succession has a legitimate representative.

Article 944.- Ordinary judges are obliged to provide the assistance of their
jurisdiction to the arbitrators in cases in which they request it, in accordance with the
powers granted to them by the commitment or the provisions of the law.

Article 945.- The arbitrators and the Secretary will collect the fees that have been
agreed upon; and, in the absence of an agreement, those established by the tariff.

FIFTH SECTION
ARBITRATION AWARD

Article 946.- The referees will only declare the commitment finished:

I.- When the parties so agree in writing;

II.- When there is confusion of rights.

Article 947.- Surrogacy is not a cause for termination of the commitment.

Article 948.- If the term passes without the award being pronounced, the
commitment is void; and the arbitrators will be responsible for damages, if they were at
fault for the delay.

Article 949.- Arbitrators are obliged to pronounce their award in accordance with
the law. If they are satisfied, their decision will have the character of a final sentence.
 Article 950.- In case of disagreement, the third party will pronounce its sentence,
without obligation to be subject to any of the votes of the arbitrators and that will be the
one that must be fulfilled.

Article 951.- The ruling will be notified by the Secretary to the parties within two
days. The same will be done with the votes of the arbitrators, when there is no majority,
immediately passing the files to the third party.

Article 952.- Once the arbitrators' ruling or that of the third party has been
notified, if applicable, the records will be passed to the ordinary judge for execution. The
same will be done when an order is to be executed.

Article 953.- If the parties agree or if they renounce all resources, the Judge will
order the sentence to be executed.

Article 954.- The Judge designated in the agreement is competent for all acts
related to the arbitration trial, in which jurisdiction is required that the arbitrator does
not have.

SIXTH SECTION
RESOURCES IN ARBITRATION TRIAL

Article 955.- Resources not waived by the parties will be admitted and
substantiated in accordance with the law.

Article 956.- The arbitrators will know about the clarification of the award.

Article 957.- The appeals will be pursued in the ordinary courts unless the
parties have appointed arbitrators for the second instance.

SEVENTH SECTION
ARBITRATORS

Article 958.- The rules established in the preceding sections are applicable to
arbitrators, with the following exceptions:

I.- The arbitrators are not obliged to abide by the legal precepts for the conduct of
the trial; but they will conduct the proceedings legally, receive evidence, hear arguments
and summon for sentencing;

II.- The arbitrators will only be responsible in cases in which they do not comply
with the previous section;

III.- Arbitrators have no obligation to rule in accordance with the law, and may do
so according to the principles of equity and according to their best knowledge and
understanding;

IV.- No appeal will be admitted against the arbitrators' award.

CHAPTER NINTH
COMPETITION OF CREDITORS

FIRST SECTION
GENERAL RULES
 Article 959.- The provisions of this chapter apply exclusively to non-commercial
debtors who are insolvent and have suspended payment of their liquid and enforceable
debts.

Article 960.- Inheritances and private civil legal entities may be bankrupt in cases
where individuals may be bankrupt.

Article 961.- The universal bankruptcy proceeding is voluntary if promoted by the

debtor, and necessary when promoted by the creditors.

Article 962.- The debtor, to promote voluntary bankruptcy, must transfer his
assets to his creditors.

Article 963.- It will be presumed, unless proven otherwise, that the debtor
suspended his payments:

I.- When in general it does not comply with the payment of its liquid and
enforceable obligations;

II.- If three or more creditors who have expired, sued and executed the same
debtor before the same or several judges, and there are not enough assets that each one
seizes to cover their credit and costs.

III.- When the debtor hides, or is not at home, without leaving news of him or the
person in charge of being able to legally comply with his obligations and does not have
assets to pay them.

Article 964.- Once the bankruptcy is admitted, the Judge will dictate the
accumulation of all the lawsuits that are pursued against the same debtor, even those
terminated by agreement, subject to the rules established in articles 641 to 652.

Article 965.- The accumulation may be promoted by the trustee or by those

interested in the other trials.

Article 966.- The following are excepted from the provisions of article 964:

I.- Mortgage foreclosures;

II.- Security proceedings, when only security action is exercised;

III.- Those that do not refer to property businesses.

IV.- Those relating exclusively to assets or rights whose administration or

disposition is retained by the bankrupt.

Article 967.- Trials in which there is a final executory sentence will be added to
the competition only for the purposes of graduation and payment, without their existence
or amount being able to be discussed.

Article 968.- In the cases of sections I and II of article 966, the trials will be
processed with the trustee.

Article 969.- The bankrupt may intervene as an intervener, not only in the cases
of the previous article but in all the bankruptcy procedures, limiting his intervention only
to monitoring the procedures.
 Article 970.- Four sections will be formed in the contest. The first will be called
"substantiation" and will contain:

I.- The acts relating to the admission of the transfer of assets or the formation of
the necessary competition;

II.- Incidents related to jurisdiction, challenges and other similar matters;

III.- The acts relating to the appointment and removal of the trustee and auditor
and those that contain some general arrangement, either between the creditors or with
the common debtor.

IV.- The ordinary processing of the trial;

V.- The graduation project and the notebooks referred to in articles 997 and 1019.

Article 971.- The second section will be called "administration" and will contain:

I.- What is related to the seizure, inventory, deposit and appraisal of the assets;

II.- The administrative acts of the trustee and the Comptroller, their accounts,
their review and approval;

III.- The resolutions concerning the lease and sale of the assets, before the
sentence;

IV.- Resolutions that aim to provide the necessary funds for the conservation and
development of assets;

V.- The resolutions that are agreed upon for the delivery of other people's property
and for the payment of income, food, salaries and pensions.

Article 972.- The third section will be called "graduation" and will contain:

I.- The documents that justify the credits;

II.- The evidence that is given for or against the credits;

III.- Incidents that arise between creditors, regarding validity, preference or

settlement of their credits;

IV.- The other particular issues between the creditors.

Article 973.- The fourth section will be called "execution" and will contain matters
related to the auction, sale and application of the assets.

Article 974.- If some points occur that are not included in the four sections,
another one will be formed with the name "supplementary".

SECOND SECTION
SUBSTANTIATION OF THE TRIAL

I.- VOLUNTARY COMPETITION

 Article 975.- The debtor who promotes the universal trial of creditors must
present a document, in which he expresses the state of his business, the reasons that
force him to transfer assets to pay his creditors and all the explanations conducive to
better knowledge. of those businesses.

Article 976.- With the document referred to in the previous article, the debtor will
attach:

I.- An exact state of all your assets, classifying them as real estate, furniture and
credits.

II.- A list of all your creditors, stating their domicile and the origin or title of each
debt.

III.- If there are properties, a certificate of liens, covering the last twenty years.

IV.- A written statement, under oath of truth, in which you will express whether
you have seized furniture or belongings, by which Judge and in what state the respective
judgments are.

Article 977.- For the representative of a minor to transfer his or her assets,
judicial authorization is required, after a hearing from the curator and the Public
Ministry.

Article 978.- Once the promotion is presented, the Judge finds it arranged
according to law:

I.- Will order the debtor's assets to be secured, in accordance with the provisions
of this Code on judicial kidnapping;

II.- Appoint provisional trustee; and

III.- It will summon the debtor and the creditors to a meeting that will be held with
the least possible delay.

IV.- It will inform the tax authorities of the State or the Federation of the existence
of the contest.

Article 979.- Creditors who prove the legitimacy of their credits, in the opinion of
the Judge, will be admitted to the meeting, against whose resolution, for this purpose
only, no appeal will be made.

Article 980.- Once the board has met, the transfer document and other
documents will be taken into account, and those whose credit has been verified will
immediately vote on whether or not the transfer is admitted.

Article 981.- If a majority is not obtained, the Judge may admit the transfer even
if concealment of assets, simulation of credits, collusion or fraud among creditors is
alleged.

Article 982.- Creditors may prove, incidentally, the allegations referred to in the
previous article, for the sole purpose of adding hidden assets to the fund and excluding
supposed credits.
 Article 983.- The action established in the previous article will last three months
for non-present creditors.

Article 984.- Once the transfer has been promoted, the debtor cannot encumber
or dispose of the assets, nor make any payment, under penalty of nullity and liability for
damages.

II.- NECESSARY COMPETITION

Article 985.- When one or more creditors file the lawsuit referred to in this
chapter, they will justify that the debtor was sued and executed by three or more
creditors whose term has expired, and that sufficient assets of their property were not
found, which will be sufficient to cover those credits.

Article 986.- Notwithstanding the provisions of the previous article, it will be

sufficient for the debtor to have been sued by a single creditor, if in the seizure procedure
the debtor himself clearly expresses that he lacks assets to pay the debt, and the creditor
does not would be able to point out assets.

Article 987.- The Judge will transfer the promotion and its supporting documents
to the debtor, for a period of three days and, in the same order, will order:

I.- Secure the assets of the debtor if requested by the promoter;

II.- Summon the debtor and all known creditors to a meeting, within the following
ten days, in which evidence may be received and allegations heard.

III.- Make the promotion known to the tax authorities of the State and the
Federation.

Article 988.- The Judge will decide, within the following five days, whether the
contest is declared formed or not.

Article 989.- The ruling that declares bankruptcy or denies that declaration is
appealable.

Article 990.- Once the sentence that declares there is no place for the formation
of the necessary competition has been executed, the following provisions will apply:

I.- The debtor will recover possession and administration of the assets that have
not been seized before.

II.- The assets seized before the declaration will continue to be seized and the
pending trials will continue their course before the judges who knew about them.

Article 991.- Once the ruling declaring that there is room for the formation of the
bankruptcy has been executed, the Judge will warn the debtor to present, within six days,
a list with the requirements required by article 976, sections I and II.

Article 992.- If among the debtor's assets there are one or some insured by
judicial resolution, they will not be delivered to the provisional trustee until, by execution,
the accumulation is resolved.
 Article 993.- The Judge who hears the universal trial will limit himself to sending
an official letter to the judges who have decreed the seizures, so that they suspend the
auction of the assets seized by them.

Article 994.- While the creditor does not appear in person, he will be represented
by the Public Ministry, with articles 1343 to 1346 being applicable by analogy.

Article 995.- When the interest of the State or a Municipality is in connection with
that of a non-present creditor, the latter will be represented by a person appointed by the
Judge.

Article 996.- Once the securing of assets is completed, at the request of a party or
ex officio, the Judge will summon the creditors so that, within the following thirty days,
they present the titles that justify their credits, of which presentation they will be given a
certificate. by the Secretary.

Article 997.- With the promotion of each creditor, the relative file will be formed
and sent to the trustee, who within fifteen days following the delivery will present the
opinion that he has formed regarding their value and legality, without prejudice to the
right that each creditor has to make the observations that seem fair about any credit.

Article 998.- The trustee's credits will be examined by two creditors who will be
appointed by the Judge. The relative opinion will be presented within the term established
in the previous article.

Article 999.- Once the opinions have been presented, the Judge will call for a
meeting that will be held within five days, so that the creditors whose credits have been
classified as legal, appoint a definitive receiver.

Article 1000.- The appointment will be made by majority vote, which will be
calculated by the amount of the credits; but when one or more credits of a single person
account for more than half of the total value of the credits of the creditors who come to
vote, their representation will be reduced to a quarter of that total.

Article 1001.- The provisional trustee must deliver, of course, to the definitive
trustee, the assets and documents in his possession and give him all the pertinent data.

Article 1002.- Creditors may request the revocation of the appointment of the
trustee for the following reasons:

I.- Infraction of the law when making the election, either in terms of the form, or in
terms of the qualities of the person.

II.- Lack of representation in any of those who formed the majority, if this does not
subsist, deducting the amount of the credit that corresponds to the poorly represented
creditor.

III.- Coercion.

Article 1003.- The revocation of the trustee must be requested within three days
following the appointment, and will be agreed upon, if appropriate, after hearing the
creditors and the trustee himself, within another three days.

Article 1004.- Creditors who have lost the vote in the appointment of the trustee
may elect, at their own expense and by majority vote, an auditor.
 Article 1005.- The auditor must have the same requirements as the trustee,
observing, with respect to him, the provisions of articles 1002 and 1003.

Article 1006.- To form a meeting to resolve any question of the jurisdiction of

creditors, or to make an appointment, a majority of these is needed, calculated by
amounts.

Article 1007.- If only two creditors attend, even if they represent the majority of
credits, the meeting will be called again, with the warning that, if those do not attend, it
will be held with those that exist, even if there are only two.

Article 1008.- Creditors who do not appear will be considered in accordance with
the agreements made by the majority of those present and with the resolutions of the
Judge.

Article 1009.- The trustee must support the resolutions of the majority and those
of the Judge, when they are challenged by a creditor, by a third party or by the debtor.

Article 1010.- If the trustee votes against the majority resolution, the Judge will
appoint one of those who form the majority to support what was agreed.

Article 1011.- If the trustee challenges the majority resolution, his appointment
will be revoked outright.

Article 1012.- The provisions of the three previous articles are applicable to the
intervener, with respect to the minority agreements.

Article 1013.- The opinions referred to in the previous articles will consider each
credit separately and, with respect to each of them, the legal reasons that support its
admission or exclusion will be set out.

Article 1014.- Once the opinions referred to in article 997 have been presented,
the Judge will call for a meeting, which will be held within the following ten days and in
which all the credits will be successively discussed, with those approved by the Court
being admitted. most.

Article 1015.- Creditors who dissent may challenge the admitted credits and
uphold those excluded within six days following the holding of the meeting.

Article 1016.- Creditors who do not attend the meeting may exercise the same
right within the same period, counting from the time they are notified of the result of the
meeting. Disputes on these points will be decided incidentally.

Article 1017.- Regarding the trustee's credit, the following provisions will apply:

I.- If the credit of the trustee is excluded, he will be removed from office while the
incident is decided, and, in the meantime, an interim trustee will be appointed to only
process the incident.

II.- If the trustee's credit is rejected, the appointment of that trustee will be
revoked and a new one will be appointed.
 Article 1018.- Once the admission of the credits has been resolved, the trustee
will prepare the graduation project within a period that will be granted by the Judge and
that will not exceed thirty days.

Article 1019.- Once the graduation project has been presented, it will be
scheduled for a meeting to be held within ten days, leaving in the meantime the related
notebooks at the disposal of the creditors, so that they can claim their rights.

Article 1020.- At the meeting referred to in the previous article, the conclusions
proposed by the trustee in his project will be put up for discussion and voting, and the
minutes will record the agreed resolutions and the reasons that have been alleged, unless
interested parties prefer to submit notes.

Article 1021.- If all creditors agree on the preference of one or more places, these
will be irrevocably fixed.

Article 1022.- Regarding the credits whose preference is disputed, the

substantiation will continue until before the sentence, in the corresponding trial.

Article 1023.- When the various lawsuits referred to in the previous article are in
a state of being finally resolved, a graduation sentence will be summoned in the
competition, which will be pronounced within a period not exceeding one month.

Article 1024.- The graduation sentence, regardless of the interest of the trial, is
appealable.

Article 1025.- The creditor who appeals must expressly state whether he is
appealing the entire ruling, or only some points of the ruling; and, in this case, it will
explain which ones it consents to and which ones motivate the appeal. The appeal that
does not contain this designation will not be admitted.

Article 1026.- Only testimony of the ruling and the notebooks relating to the legal
preference of credits, whose priority was not consented, will be sent to the Court of
Appeal. If the entire sentence is appealed, all records will be sent.

Article 1027.- If only some parts of the sentence are appealed, it will of course be
executed with respect to the agreed points, provided that the person interested in the
execution provides security to respond to the resulting modifications.

Article 1028.- If the bankruptcy funds are paid, the appealing creditor can be
paid in the place where it has been placed, in the same way as it would be in the place
where the claim is made, the appeal will not be admitted.

Article 1029.- If any mortgage creditor, upon completion of the corresponding

trial, remains unpaid in whole or in part, it will be considered in the graduation sentence,
in accordance with article 2972 of the Civil Code.

Article 1030.- Any difficulty that arises, whether regarding the admission of a
credit, its graduation, or the way of distributing assets, will be resolved in a general
meeting; and if there is no settlement, the necessary incident will be followed between the
promoting creditor and the trustee.

Article 1031.- In the case of the previous article, if the issue does not affect the
common interest, the incident will be followed between the creditors to whom the
resolution concerns.
 Article 1032.- Creditors may hold private meetings that they deem appropriate
and make the arrangements that suit them, reporting them to the Judge for approval.

Article 1033.- The majority of creditors may enter into agreements with the
debtor, with respect to all assets, duly guaranteeing the minority the payment of their
credits, in the terms in which the debtor is obliged.

Article 1034.- The debtor who requests a wait or withdrawal will do so

extrajudicially and the agreement will be granted in writing and with the formalities
required by the Civil Code.

Article 1035.- Waiting and withdrawal agreements will have the force of a
transaction or a contract novation, depending on how they are granted.

Article 1036.- When a contest is formed, the separation of assets requested by the
interested parties will be carried out, in the cases of articles 2978 and 2979 of the Civil
Code.

THIRD SECTION
EFFECTS OF COMPETITION FORMATION

Article 1037.- Once the contest is formed and if there are real estate properties in
the estate, a letter will be issued to the Public Property Registrar, sending him a certified
copy of the order and the pertinent records so that he can make the case notes, with
respect to each property.

Article 1038.- Once the bankruptcy is formed, the creditors will not be able to
collect individually from the debtor.

Article 1039.- The debtor retains full ownership and administration of the assets
that are not susceptible to seizure, and the administration of the personal assets of his
children, or those of the conjugal partnership, if applicable.

Article 1040.- In the other assets not included in the enumeration made by the
previous article, the debtor loses administration in favor of the estate and retains strictly
limited ownership, in accordance with the provisions of this Code and the Civil Code.

Article 1041.- The part that corresponds to the debtor, in the products of his
spouse's assets and deducting the legal charges, among which half of the property will be
computed, or the part indicated in the capitulations, will belong to the bankruptcy estate.
and the common debtor will be obliged to make it available to the trustee every month. If
you do not do so, your administration will intervene.

Article 1042.- In the case of an inheritance, legacy or donation, the following

provisions will apply:

I.- Repudiation by the debtor of an inheritance or legacy is not valid;

II.- Non-acceptance by the debtor of a donation is not valid;

III.- The trustee will accept the inheritance, legacy or donation; and

IV.- The right to repudiate is only invalidated in favor of the creditors and up to
the amount missing to cover the liabilities and expenses of the bankruptcy.
 Article 1043.- The debtor may not appear in court, neither as a plaintiff nor as a
defendant, due to the bankrupt interests. Any actions taken against the debtor's assets
will have to be brought against the trustee.

Article 1044.- The debtor, whatever the insolvency proceedings may be, will cease
to carry out the mandates that were previously conferred upon him, and his agents will
cease from the day on which the formation of the insolvency proceedings comes to their
notice, and the operations will of course be put into liquidation. relative, so that payment
of what is owed to the estate is required and what it can report at the time of graduation
and payment is considered.

Article 1045.- The administration that the debtor loses and the modifications to
the domain that he suffers, in accordance with article 1040, pass to the mass of creditors.

Article 1046.- The trustee represents the mass of creditors and receives, by virtue
of his appointment, all the powers of a general representative, with no more limitations
than those specified in the laws.

Article 1047.- By virtue of the formation of the bankruptcy, the obligations of the
debtor that are pending will be considered expired, and on their amount, in those that do
not accrue interest and whose payment is anticipated, a discount corresponding to the
legal interest, from the day of payment until fulfillment of the obligation.

Article 1048.- Responsibilities for guarantees granted by the debtor cease, with
respect to the mass of the bankruptcy assets, and only the amounts owed due to them
will be considered as credits against the debtor, in the corresponding place and degree.
until the day of the competition formation.

Article 1049.- If the return of an object or amount is decreed, it will be

understood, even if it is not expressed, that its liquid products or the interest
corresponding to the time in which the object or money is enjoyed must also be returned.

Article 1050.- The opening of the bankruptcy proceedings does not extinguish the
obligations of the debtor's guarantors or those of the joint debtors.

FOURTH SECTION
ADMINISTRATION AND SETTLEMENT OF THE COMPETITION

Article 1051.- The trustee who is appointed in accordance with section II of article
978, may only collect the income and collect the income and capital that are due or that
become due during his or her appointment; observing, as appropriate, the provisions of
this Code on judicial kidnapping.

Article 1052.- The trustee will also cover the costs of conservation and
administration of the assets as agreed by the judge; but judicial authorization is
necessary for any unforeseen expenses.

Article 1053.- The negotiations belonging to the debtor will continue to operate
under the supervision of the trustee and the auditor, as long as the majority of the
creditors do not request anything else that the Judge agrees to, if he finds it justified.

Article 1054.- A National Credit Society will deposit the jewelry and amounts that
are collected in an establishment legally authorized for this purpose, except for the sums
that are intended for essential expenses.
 Article 1055.- If the provisional administration lasts more than one month, at the
end of each month that passes, the trustee, the depositary or the auditor will present an
account, which the Judge will approve, if he finds it duly justified, after hearing the
Ministry. Public and the creditors who have appeared, ordering, of course, to make the
deposit in accordance with the previous article, of the liquid funds that are in their
possession.

Article 1056.- If the provisions of the previous article are not complied with, the
trustee, the depositary or the auditor will be immediately removed, remaining responsible
for damages and losses.

Article 1057.- The trustee, upon receiving the assets, will form an inventory with
a summons from the debtor and with the intervention of the court and the minority
auditor, if any.

Article 1058.- The appointment of the trustee will be published only once in one
of the most widely circulated newspapers, in the place, in the opinion of the Judge.

Article 1059.- Once the definitive receiver has been appointed, within eight days
the provisional receiver, the depositary or the auditor will render his account. The trustee
will review it and present it to the Judge within eight days, which may be extended for up
to twenty if the circumstances of the case require it.

Article 1060.- Once the account is approved after it is reviewed, the amount that
must be paid to the provisional trustee, the depositary or the auditor for their work will be
agreed upon, which may not exceed one third of that, in their respective cases. , would
correspond to the definitive trustee.

Article 1061.- Within one month, counted from the moment the assets are
received, the trustee will present to the Judge a report about them, stating which ones
must be sold at judicial auction, which ones extrajudicially, and which ones it is essential
to preserve, because they are not timely its sale, proposing the bases to which the
disposals, both judicial and extrajudicial, must be adjusted.

Article 1062.- To the report ordered in the previous article, a budget of the
administration expenses that are necessary or convenient will be added and it will explain
everything it believes is useful to the contest.

Article 1063.- If the trustee does not present the report provided for in article
1061 within the term indicated for this purpose, at the motion of any of the creditors his
cessation will be declared.

Article 1064.- Once the report has been presented, a meeting will be scheduled,
which will be held after ten days, and in which the creditors will decide what they deem
appropriate and once the resolutions of the meeting have been approved by the Judge,
the sale will immediately proceed. of the goods in the agreed manner.

Article 1065.- The proceeds of the assets will be distributed among the creditors,
according to the graduation project and its privileges.

Article 1066.- Every four months the trustee will present an administration
account, which will be reviewed by two creditors appointed by the Judge, one from the
majority and another from the minority if there is one, and if the latter appoints an
auditor, he will represent it for the revision.
 Article 1067.- The account will be reviewed within fifteen days and examined by
the meeting that, for this purpose, will be scheduled within eight days, counted from the
date the review is presented.

Article 1068.- The trustee will manage the assets; You can rent them for up to a
year, you must collect the credits, request accounts and settle the outstanding ones; but,
without consent of the bankruptcy, you cannot rent for more than one year, sell,
encumber, mortgage the assets, receive money at interest or pay any credit.

Article 1069.- For any expense that is not mere administration, the trustee needs
the authorization of the Judge, making it known at the first meeting to be held, to obtain
the approval of the creditors.

Article 1070.- The violation of article 1066 will be cause for the immediate
removal of the trustee, which cannot be done except by unanimous consent of the
creditors, and without said trustee being able to be re-elected.

Article 1071.- If the competition is not concluded one year after it begins, the
trustee will cease and a new appointment will be made, without the provisions of this
article preventing the majority of creditors from being able to request, at any time, the
revocation of the appointment. of the provisional trustee or agree on that of the definitive
one, proceeding to appoint another by whoever appointed the one who ceased.

Article 1072.- The trustee will receive as the only fee for his work, three percent of
the amount of the bankruptcy assets, but the compensation of the lawyers or attorneys
employed by the trustee is the responsibility of the bankruptcy itself.

Article 1073.- When several people successively carry out the receivership, the
fees referred to in the previous article will be distributed among them, in the proportion of
the work they have carried out, at the discretion of the Judge and after hearing the
interested parties.

Article 1074.- In the case of the previous article, the people who have been
removed from the receivership will not be able to receive their fees until the completion of
the trial.

FIFTH SECTION
SPECIAL PROVISIONS RELATING TO THE DEBTOR

Article 1075.- The debtor may attend creditor meetings, and must do so when the
Judge determines it.

Article 1076.- The debtor is an intervener to litigate in incidents related to the

legitimacy and settlement of the credits and will do so together with the trustee or the
creditor, depending on whether the admission or exclusion of a credit is supported.

Article 1077.- The debtor may not intervene in matters relating to graduation.

Article 1078.- The debtor will be summoned for the sale of the assets and may
claim the lack of solemnities in the auctions, without this implying that he or she may file
appeals.

CHAPTER TEN
CONVENTIONAL PROCEDURE
 Article 1079.- The parties have the right to:

a).- Agree on the procedure that must be observed;

b).- Designate the evidence that can be admitted in the trial;

c).- Instruct the Judge who must hear the trial; and

d).- Establish the manner of execution of the ruling.

Article 1080.- The agreement on the procedure must be recorded in a public deed
or in a record drawn up before the Judge who knows the cases.

Article 1081.- The agreement may be concluded before there is a trial, during it,
and after sentencing.

Article 1082.- The agreement on the procedure must contain:

I.- The names and age of the grantors;

II.- The character with which they contract;

III.- Your address;

IV.- The business or businesses in which the agreed procedure must be observed;

V.- The substantiation that must be observed;

VI.- The means of proof that the interested parties renounce, when they agree to
exclude any of those that the law allows;

VII.- The legal resources that they renounce, when they agree that any of those
granted by law are not admissible;

VIII.- The Judge who must hear the dispute for which the procedure is agreed.

Article 1083.- The lack of any of the conditions established in the previous
Article, annuls the agreement, if it is alleged by any of the parties before the answer to the
claim, or before the first diligence, if the agreement has been concluded. during the trial.

Article 1084.- All persons who have the capacity to commit their business to
arbitrators may stipulate the conventional procedure.

Article 1085.- The obligations contracted through conventional procedure do not

bind the heirs, if they are minors or incapacitated.

Article 1086.- The conventional procedure cannot be stipulated:

I.- In business concerning civil status;

II.- In those related to the right to receive food;

III.- In trials and procedures on family relations.

 Article 1087.- In competitions and successions, a conventional procedure may be
agreed upon, by unanimous agreement of the interested parties.

Article 1088.- In the conventional procedure there must always be a demand and
a response; evidence, when facts are disputed and summons for sentencing.

Article 1089.- The parties are not allowed to:

I.- Point out as admissible evidence those that are not admissible in accordance
with the laws;

II.- Reduce the terms that the laws grant to Judges and courts to pronounce their
resolutions;

III.- Agree that the business has more or different resources than those
established by law according to its nature.

Article 1090.- The designated Judge may only be challenged for legal cause.

Article 1091.- If the challenge is admitted, the Judge who is competent in

accordance with the law will hear about the matter, unless the parties, by mutual
agreement, make a new designation within the third day.

Article 1092.- In omitted or doubtful points, common substantiation will be

observed.

Article 1093.- No waiver on any point of the procedure is valid if it is not done in
accordance with the provisions of this chapter.

ELEVENTH CHAPTER
PROCEDURE IN SMALL CLAIMS TRIAL

Article 1094.- Businesses whose amount does not exceed the amount of five days
of minimum wage, will be processed and resolved in a verbal hearing, to which the Judge
will summon at the request of the plaintiff in a period of no more than three days,
ordering to summon the defendant, under warning to consider the complaint answered in
the negative, in case of non-appearance.

Article 1095.- In the hearing referred to in the previous Article, the claim and
response will be formulated orally, and the Judge will resolve immediately by pronouncing
the corresponding sentence or resolution.

Article 1096.- If the parties request it and the Judge deems it necessary, he may
summon one more hearing of evidence and then the sentence will be pronounced once the
evidence is received.

Article 1097.- The hearing referred to in the previous article may only be
postponed once; The second hearing will not be suspended and the proceedings must be
concluded therein and, for this purpose, non-working hours will be considered
authorized.

Article 1098.- Minutes of the hearings will be drawn up in a book that will be
kept for this purpose and the resolution issued will be recorded therein.

Article 1099.- Any question that arises will be resolved outright.

 Article 1100.- The execution will be carried out by the same Judge who dictates
the sentence. For this purpose, a copy certified by the Judge will be issued and the
respective file will be formed with it.

Article 1101.- A complaint is admissible against the sentence handed down in

small claims proceedings; but the other resolutions do not allow appeal.

FOURTH BOOK
TRIAL AND PROCEEDINGS ON FAMILY MATTERS

FIRST CHAPTER
GENERAL DISPOSITION

Article 1102.- Procedures on family matters are of public order. And when the
articles of this Book speak of "Judge" it must be understood that it is the "Family Judge."

Article 1103.- The Public Ministry will intervene in the procedures regulated in
this Book.

Article 1104.- The petition to request the intervention of the Judge, in family
matters, does not require formalities.

Article 1105.- The Judge will have, in the procedures referred to in this Book,
broad powers to investigate the real truth and may order the receipt of any evidence, even
if it is not offered by the parties.

Article 1106.- When the issues referred to in this Book do not involve controversy
between the interested parties, the provisions relating to voluntary jurisdiction will apply,
as appropriate.

Article 1107.- If a controversy arises in family matters, the Judge will ensure that
the parties reach an agreement, without harming the rights that are inalienable and, if an
agreement is not obtained, it will be processed in accordance with the provisions of this
Book and the other provisions of this Code, being decided in accordance with Article 293
of the Civil Code.

Article 1108.- If the Judge notices that the parties do not promote legally, he
must inform them of their rights in family matters, and of the procedures to defend them.

Article 1109.- The Judge will make up for the deficiency of the parties, when
failure to do so does not satisfy the purpose of Article 293 of the Civil Code.

Article 1110.- In the businesses referred to in this Book, the following provisions
will also apply:

I.- The admission of facts by the parties and their search are only binding on the
Judge, when the rights of minors are not violated; and

II.- When no ordinary or summary trial should be processed, there is no

evidentiary term and a day is set for a hearing, in which evidence may also be offered and
this evidence may be explained, the parties may only challenge without cause, within
three days following the appointed date; But if the hearing is extended to complete the
presentation of evidence, the three days mentioned will begin to run the day after receipt
of the evidence has been completed.
 CHAPTER TWO
SUBSTITUTION OF CONSENT TO CONTRACT MARRIAGE

Article 1111.- When the Judge is requested to provide consent for a minor to
marry, the following provisions will apply:

I.- The Judge will hear the interested parties in a meeting in which he will receive
the evidence and issue a resolution, drawing up a single record with the proceedings;

II.- If the resolution is favorable, a certified copy will be issued for presentation to
the Judge of the Civil Status Registry;

III.- If the resolution refuses to replace the consent, the Judge will ex officio send
the File to the corresponding Civil Chamber of the Superior Court of Justice, which,
hearing the interested parties within three days, will resolve confirming, modifying or
revoking that resolution.

Article 1112.- The minor who is of the required age to marry, and who needs to go
to the competent authority, to replace the consent of his ascendants or guardians, may
request that the obligation, borne by the minor, to live with him be suspended. holder of
parental authority or guardianship.

Article 1113.- The Judge, without special formalities, will decree or deny the
suspension referred to in the previous Article, previously hearing the interested parties,
including the ascendant or ascendants, who deny consent and, where appropriate, the
guardian.

CHAPTER THREE
MARRIAGE OF THE GUARDIAN WITH WHOM THEY PERFORMED GUARDIANSHIP
OR GUARDIANSHIP OR WITH A CHILD OF THE GUARDIAN OR THE GUARDIAN

Article 1114.- In the case provided for in Article 307 of the Civil Code, the
following precepts will apply:

I.- The person who intends to marry the minor subject to guardianship, or the
person's representative, will request the corresponding judicial license from the
competent Judge.

II.- The applicant will verify that the guardianship accounts have already been
legally approved.

III.- The Judge, ex officio or at the request of an interested person, the Public
Ministry or the administrative authority, will appoint interim guardian who is responsible
for representing the minor and receives the assets and manages them while the
dispensation is obtained or not.

Article 1115.- If the marriage is celebrated in violation of the provisions of Article

307 of the Civil Code, the Judge will proceed in accordance with section III of the previous
Article, as soon as he has news of that celebration.

CHAPTER FOUR
QUALIFICATION OF IMPEDIMENTS FOR MARRIAGE
 Article 1116.- Upon receiving the Family Judge the record drawn up on the
occasion of the complaint of an impediment to marriage, as referred to in articles 895 to
900 of the Civil Code, after hearing those directly interested, he will summon the author
of the complaint, if there was one, to ratify it and order the trial to be received on trial for
five days.

Article 1117.- If it is necessary to give evidence outside the place of the trial, the
Judge will allow up to twenty days to do so.

Article 1118.- Once the evidentiary term has concluded and, where appropriate,
the hearing referred to in Article 450, section III has been held, the parties may argue in
writing within three days, without the need for a resolution from the Judge in this regard.

Article 1119.- After the three days referred to in the previous Article, whether the
parties have pleaded or not, the Judge will summon the judge ex officio for a sentence,
which will dictate the center of the law.

Article 1120.- Once the sentence becomes enforceable, it will be communicated to

the Judge of the Civil Status Registry, sending him a copy of it.

CHAPTER FIVE
AUTHORIZATION TO THE SPOUSES TO PERFORM CERTAIN ACTS

Article 1121.- When the judicial authorization required by Articles 332 and 346 of
the Civil Code is requested, or any other judicial authorization provided for by law, the
Judge will summon the parties to a hearing in which they can prove that the act that they
intend to carry out, with the requested authorization, it is necessary or convenient for the
family.

Article 1122.- The Judge will grant, deny or condition the requested
authorization, based on what is convenient or necessary for the minor members of the
parties' family, and in the absence of these, what is most convenient for the other
members. of that family.

CHAPTER SIX
SEPARATION OF THE FAMILY HOME

Article 1123.- In the cases provided for in sections III and IV of Article 319 of the
Civil Code, any of the spouses may ask the Judge to order the suspension of the
obligation to live together, in the family home, being applicable to this request, the
following provisions:

I.- The request may be made verbally or in writing, before or after the civil lawsuit
has been filed, or the report of the commission of a crime.

II.- If the urgency of the case warrants it, the Judge must proceed immediately,
considering non-working days and hours as authorized for this purpose, without the need
for a special resolution on this point.

III.- Once the petition is received, the Judge will go to the petitioner's family home
and ask him, without the other spouse being present, if he ratifies his petition.

IV.- Once the petition has been ratified, the Judge will provisionally and while the
judicial procedures last, the measures ordered in article 320 of the Civil Code and by
Articles 1124 to 1126 of this Code of Civil Procedures, respectively in the various cases
provided for by them. .

Article 1124.- To separate the spouses, in compliance with section I of Article 320
of the Civil Code, the Judge will distinguish the following cases:

I.- If the spouses have, under their parental authority:

a).- One or more children or grandchildren under fourteen years of age.

b).- Children or grandchildren, both over fourteen years old and under this age.

c).- Only children or grandchildren over fourteen years of age.

II.- If the parental authority exercised by the spouses over their own children or
grandchildren has already ended.

III.- If the spouses did not adopt or procreate children.

Article 1125.- In the cases provided for in sections a), b) and c) of section I of the
previous Article, in addition to the provisions of 1123, the following provisions will apply:

I.- The Judge will order that the wife retain custody of her children or
grandchildren subject to parental authority; but with respect to those who are over
fourteen years old, the Judge, after hearing them, and both spouses, may confer custody
of them to the father or grandfather respectively.

II.- The Judge will order the husband to separate from the family home; and that
he be given his clothing and the goods that are necessary for the exercise of the
profession, art or trade to which he is dedicated, if such goods are found in the family
home.

III.- The Judge will also order that the property of the minors whose custody is
entrusted to him be delivered to the husband, in accordance with the provisions of the
last part of section I above.

Article 1126.- In the case of section II of Article 1124, in addition to the

provisions of Article 1123, the Judge will order the husband to separate from the family
home and to be given his clothes and, if applicable, the property. necessary, for the
exercise of the profession, art or craft to which he is dedicated.

Article 1127.- In the case of section III of Article 1124, the spouse who attempts
or has attempted the civil trial or criminal complaint must be separated from the family
home, unless the family home is in a property that belongs exclusively to one of the
spouses, regardless of the economic regime of the marriage, and in this case, the spouse
who is not the owner of that property must separate from the family home.

Article 1128.- In any of the cases provided for in the previous articles, the wife
may request the Judge to authorize her to separate from the family home, and in this
case:

I.- She will retain custody of the minors that have been conferred upon her;

II.- The assets referred to in sections IV and V of Article 321 of the Civil Code will
be delivered to you; and
 III.- If you ask the Judge, he will personally remove you from the house and
accompany you to the place where you are going to reside.

Article 1129.- The provisions of the previous Articles will be observed, as

appropriate, when in the case provided for by Article 322 of the Civil Code, the Judge
decides to suspend the obligation of the spouses to live together.

Article 1130.- If there is any dispute regarding the assets to be delivered to the
spouse who separates from the family home, the Judge, hearing both spouses, will decide
immediately without further recourse.

Article 1131.- The Judge may use the means of enforcement that he deems
effective to enforce the resolutions issued in this proceeding.

Article 1132.- Before concluding the procedure, the Judge:

I.- He will intimate both consorts, so that they do not bother each other.

II.- It will prevent the spouse who separated from the family home from informing
the same Judge about his or her residence and any changes made to it.

III.- It will warn the partner who announced the complaint or the exercise of an
action against the other, that if within ten days he does not prove that he has filed the
corresponding civil lawsuit or the criminal complaint, the measures issued in accordance
with this chapter will be revoked.

Article 1133.- When the civil lawsuit has been filed in time or the criminal
complaint has been made, the Judge who issued the authorization will confirm it.

Article 1134.- Once the civil trial referred to in the previous Article has been filed,
and at any time thereof, until an enforceable sentence is issued, the Judge who hears
said trial may modify, at the request of a party or ex officio, the measures. dictated upon
establishing the separation of one of the spouses from the family home.

Article 1135.- Once the criminal complaint has been made, the powers referred to
in the previous Article are the responsibility of the Judge who decreed or authorized the
separation.

CHAPTER SEVEN
SUBSTITUTION OF THE ADMINISTRATOR OF THE MARITAL COMPANY OR
TERMINATION OF THIS

Article 1136.- If a spouse demands the administration of the marital partnership

or the termination of this partnership, according to Articles 368 and 369, section II of the
Civil Code, the Judge will decree, as provisional measures for the conservation of the
assets, the seizure precautionary measure, deposit of movable property, appointment of
an auditor and those deemed necessary. To dictate these measures, it is not necessary for
the person requesting them to provide bail or other guarantee.

Article 1137.- The litigation will be processed in a summary trial.

CHAPTER EIGHTH
DIFFERENCES BETWEEN SPOUSES
 Article 1138.- The provisions of this chapter will apply when any difference arises
between the spouses, regarding:

I.- The issues that must be decided by common agreement, referred to in Article
328 of the Civil Code;

II.- Opposition for one of them to carry out a remunerated activity as provided for
in Article 327 of the Civil Code; and

III.- Any other related to economic issues.

Article 1139.- In the cases provided for by the previous Article, the following
provisions are applicable:

I.- Once the request from one of the spouses has been received, the Judge will
summon both to a hearing in which he will hear them and try to reach a settlement.

II.- If the Judge is unable to reach an agreement between the spouses, he will
receive the evidence that they offer in another hearing that will be held within the
following eight days;

III.- Regardless of the evidence offered by the parties, the Judge may decree the
means of investigation that he deems appropriate;

IV.- Once the evidence is received, within five days the Judge will resolve what is
most convenient following the guidelines established by article 329 of the Civil Code.

CHAPTER NINTH
FAMILY HERITAGE

Article 1140.- The constitution, expansion, reduction and extinction of family

assets will be authorized by the Judge, in accordance with the provisions of articles 800
to 807, 814, 820, 821 and 826 of the Civil Code.

Article 1141.- When in accordance with Article 808 of the Civil Code, the forced
constitution of family assets is promoted, the following provisions will apply:

I.- The Judge will summon the interested parties to a meeting, in which he will
ensure that the maintenance debtor agrees to voluntarily establish the family assets;

II.- The Judge will seek to find out if there is a need to establish the family assets,
receiving for this purpose the evidence offered by the interested parties or that which he
deems pertinent;

III.- In case of urgency, the Judge may secure as a precautionary measure,

without the need for bail, sufficient assets of the maintenance debtor to constitute the
family patrimony;

IV.- If the Judge does not obtain an agreement between the parties, he will decree
or deny the constitution of said assets, as appropriate to the interests of the family in
question.

CHAPTER TEN
FOOD JUDGMENT
 Article 1142.- The Judge may decree maintenance from whoever has the right to
demand it and against whoever must pay it.

Article 1143.- In the claim for food, it may be requested that these be
provisionally agreed upon.

Article 1144.- For the purposes of the previous Article it is necessary:

I.- That documents proving the relationship or marriage, the will or the contract
stating the obligation to provide food, are exhibited;

II.- That the need for food is proven;

III.- That the economic possibility of the defendant is justified.

Article 1145.- At the request of the food creditor or ex officio, the Judge must ask
the Public Property Registrar for a report on the properties that appear registered in the
name of the food debtor.

Article 1146.- Once the evidence referred to in the previous articles has been
given, without the person from whom the maintenance is being claimed having to be
heard, the Judge, if he finds the request founded, will set the amount of the food and
order payment per month. in advance, in the same order that orders the transfer of the
claim.

Article 1147.- When the economic possibility of the alimony debtor is exclusively
the salary or salary that the alimony receives, it must be set at a percentage of that salary
or salary.

Article 1148.- Against the order in which provisional food is denied, the complaint
appeal proceeds, in which the defendant will not intervene.

Article 1149.- Immediately after the order setting the amount of the food is
issued, the debtor will be required to pay the first monthly payment.

Article 1150.- If the food debtor does not verify payment:

I.- The debtor's assets sufficient to cover the amount of alimony and alimony due
and to guarantee subsequent ones will be seized, and this seizure does not require the
granting of a bond or other guarantee by the creditor.

II.- The seized assets will be auctioned;

III.- If the purpose of the seizure and auction is real estate, the Judge, at the
request of the creditor or ex officio, will promptly order the Public Property Registrar to
register the seizure, and to send the certificate of liens to which it refers. Article 596,
section I; and to the Director of the Official Newspaper that publishes the necessary
edicts.

IV. - The Public Registrar of Property and the Director of the Official Newspaper
respectively, will comply without delay with the provisions of the previous section, and
will inform you about the amount of the registration, the certificate of liens and the
publication of the edict(s).
 V.- The Judge, once he has received the proof of having registered the embargo,
the certificate of liens and the copy of the Official Newspaper in which the publication was
made, will send the account of those rights to the corresponding Tax Office, for to collect
it from the food debtor in the active economic channel.

VI.- When the obligor receives a salary or salary, the Judge may order whoever
owes it to withhold the alimony from them, making it available to the creditor.

Article 1151.- When the assets seized in execution of the resolution decreeing
provisional or definitive maintenance are auctioned, the following provisions will apply:

I.- The alimony creditor may request and the Judge must order that if after paying
the amounts owed, there is a sufficient remainder that, taxed at income, guarantees the
monthly supply of the alimony to which the defendant has been sentenced, said The
remainder is deposited in a National Credit Society, at the disposal of the Judge, and the
alimony is covered with its interest.

II.- Once the obligation that gave rise to the pension has been extinguished, the
deposited capital will be returned by order of the Judge to the alimony debtor.

Article 1152.- The following provisions are applicable to the food trial:

I.- It will be processed through summary proceedings;

II.- The sentence handed down in it is appealable, and

III.- The appeal, in this case, does not suspend the payment of provisional
maintenance.

Article 1153.- The sentence handed down in these trials may be revoked or
modified by summary trial, for supervening causes. This new trial will be processed, in
the same file, in which the trial was processed, whose sentence is requested to be revoked
or modified.

Article 1154.- For minors who request support from the father, the mother of
those minors may be promoted, or the person to whom parental authority would
correspond, in the absence of the former, as long as they are not provided with a special
guardian.

Article 1155.- If the food debtor evades compliance with his obligation, without
justified cause, the Public Ministry will be contacted for the appropriate legal effects.

ELEVENTH CHAPTER
TRIAL ON PATERNITY AND MATERNITY

Article 1156.- Matters regarding paternity and maternity may only be decided by
means of a declaratory judgment issued in an ordinary trial.

Article 1157.- The actions of contradiction of paternity or investigation of this

referred to in Articles 530, 533, 535, 556, 571, 575 and 576 of the Civil Code, will be
exercised only by the people to whom the law expressly grants them. and within the
deadlines established by it.

Article 1158.- The heirs of the holders of the actions on paternity and maternity
may only:
 I.- Attempt the actions referred to in Articles 549 and 575 of the Civil Code.

II.- Continue the trial attempted by the deceased, in the case provided for in
Article 534 of the Civil Code.

Article 1159.- In the businesses referred to in this chapter, the following

provisions will apply:

I.- Counterclaim will not be admitted

II.- The Judge may take into account facts not alleged by the parties, and order ex
officio the receipt of evidence.

III.- If one of the parties dies, the case will be considered concluded, except in
cases in which the law expressly grants the heirs the power to continue it.

IV.- The Judge may admit, with a contrary summons, allegations and evidence of
the parties, even if they are presented out of time.

V.- The ruling will produce res judicata effects even against those who did not
litigate, except with respect to those who, not having been summoned to the trial, claim
for themselves the existence of the parent-child relationship.

VI.- The Court may dictate ex officio or at the request of a party, at any stage of
the trial, the precautionary measures it deems appropriate, so that no harm is caused to
the children.

Article 1160.- The acquittal of the claim does not bind the Judge, when the action
is that of contradiction of paternity and the trial must be opened to evidence for the entire
term of the law.

Article 1161.- In the case of actions to investigate maternity or paternity, the

search of the claim binds the Judge, concludes the controversy and determines that a
conviction is issued that declares the filiation.

Article 1162.- The Public Ministry may only present evidence that tends to
demonstrate the action, in the case of investigation of maternity or paternity; or that are
contrary to the actor in the case of the action of ignorance of paternity.

CHAPTER TWELFTH
ISSUES ABOUT PATRIAL POWER

Article 1163.- The loss of parental authority will be decreed in a contradictory

judgment, in accordance with the provisions of this Chapter, except when this loss is a
consequence of divorce, annulment of marriage, or a social defense sanction.

Article 1164.- The trial regarding loss of parental authority will be processed
through ordinary channels, and the provisions established for paternity and maternity
trials will be applied, as appropriate.

Article 1165.- At any stage of the trial, the Judge may order that the custody of
the children be placed in the care of one of the parents or another person, and may also,
ex officio or at the request of a party, agree on the precautionary measures that he deems.
suitable.
 Article 1166.- The suspension and qualification of the excuses to exercise
parental authority, which have not been the subject of a judicial resolution, will be
processed and decided in a hearing in which the parties are heard and the evidence is
received. offer.

CHAPTER THIRTEENTH
ADOPTION

Article 1167.- For the adoption to be authorized, anyone who intends to adopt
must prove:

I.- Who is of legal age:

II.- That he is at least fifteen years older than the person he is trying to adopt;

III.- That there is a common agreement between husband and wife, to consider the
adopted person as a child, when the adoption is requested by people who are united in
marriage

IV.- That the adopter or adopters have sufficient means to provide for the
subsistence and education of the adoptee, as their own child, according to the
circumstances of the person seeking to be adopted.

V.- That the adopter or adopters do not have a criminal record.

VI.- The consent of the person or persons who must give it, in accordance with
Article 583 of the Civil Code.

VII.- Your good state of health.

VIII.- Your psychological availability to play the role of father or mother,

respectively.

The requirements indicated in sections III, IV, VII and VIII must be accredited
before the Technical Council for Adoptions of the System for the Comprehensive
Development of the Family, which must present a written report to the Judge.

Article 1168.- Spouses may adopt by common agreement, even if they have
descendants.

Article 1169.- In the initial request, the name and age of the person who wants to
be adopted must be stated, and if he or she is a minor or incapacitated, the name and
address of those who exercise parental authority or guardianship or of the people or
institutions that have welcomed him or her. ; But if the minor or incapacitated person is
not subject to parental authority or guardianship, a special guardian will be provided to
represent him or her in the adoption procedure.
Article 1170.- If those who must consent to the adoption, according to sections II to IV of
Article 583 of the Civil Code, unjustifiably deny their consent, this will be supplied by the
Judge, when the adoption is convenient for the moral and material interests of the
adoptee. .

Article 1171.- The Judge, in the case provided for in the previous article, to
decide whether or not it replaces consent, will hear the interested parties in a hearing in
which he will receive the evidence offered.
 Article 1172.- Once the requirements referred to in the previous articles are
satisfied, the Judge will resolve what corresponds within the third day.

Article 1173.- When the adopter(s) and the adopted person of legal age request
that the adoption be revoked, the Judge will summon them to a meeting, within the
following three days, in which he will resolve in accordance with articles 591 section I and
592 of the Civil Code.

Article 1174.- If when requesting the revocation of the adoption, the adoptee is a
minor, to decree it, the consent of the people who gave their consent when the adoption
was made is required.

Article 1175.- The procedure, in the case of revocation due to ingratitude of the
adopted person, will be processed by hearing the latter if he is of legal age or with a
special guardian who is appointed if he is a minor.

Article 1176.- The challenge and revocation of the adoption referred to,
respectively, in articles 590 and 591 sections II and III of the Civil Code, will be resolved
in an ordinary trial.

CHAPTER FOURTEEN
NULLITY OF MARRIAGE

Article 1177.- The annulment of the marriage will be decided in an ordinary trial.

Article 1178.- If the spouses are minors, they will be provided with a special
guardian, without prejudice to their ability to promote what they deem appropriate.

Article 1179.- In the marriage annulment trial, the following provisions are also
applicable:

I.- Articles 1123 to 1128 and 1130 to 1134 will be observed where appropriate.

II.- Even if there is an admission of facts or a search, the trial will be opened to
evidence for the duration of the law.

III.- The spouses may not enter into a transaction or commitment with arbitrators
regarding the annulment of the marriage.

IV.- The death of one of the spouses puts an end to the trial, except for the right of
the heirs to continue the action when the law authorizes it; and

V.- In the ruling, the ownership of the assets subject to the antenuptial donations
will be definitively attributed, in accordance with the provisions of Article 426 of the Civil
Code.

Article 1180.- When resolving the annulment of the marriage, the sentence will
also decide the following points, even if they have not been proposed by the parties:

I.- Whether or not the void marriage was celebrated in good faith with respect to
both spouses or only one of them.

II.- Civil effects of marriage.

 III.- The situation and care of the children.

IV.- Way in which common property should be divided, and property effects of
nullity; and

V.- Precautions that must be taken with respect to the woman who becomes
pregnant when the annulment is declared.

Article 1181.- Once the sentence is executed, the Court, ex officio, will send a
certified copy to the Judge of the Civil Status Registry before whom the marriage was
celebrated, for its annotation.

CHAPTER FIFTEENTH
DIVORCE

Article 1182.- Administrative and voluntary divorces will be processed

respectively, as provided by the Civil Code: and the necessary divorce in an ordinary trial.

CHAPTER SIXTEENTH
DECLARATION OF MINORITY STATUS

Article 1183.- The declaration of minority status can be requested:

I.- For the minor, if he or she has turned fourteen years old;

II.- By your spouse;

III.- By their presumed legitimate heirs;

IV.- By the executor of the estate in which the minor is interested;

V.- By the Public Ministry.

Article 1184.- The state of minority will be proven as provided in article 1217 and
once that state is justified, the Judge will make the corresponding declaration.

CHAPTER SEVENTEENTH
INTERDICTION TRIAL

Article 1185.- You can promote the interdiction trial of those who are included in
the provisions of sections II to IV of article 42 of the Civil Code:

I.- The spouse;

II.- The relatives of the alleged incapacitated person;

III.- The executor of the succession in which the person whose incapacity is in
question is heir;

IV.- The Public Ministry;

V.- Who was the guardian or curator of a minor affected by one of the diseases
listed in sections II to IV of Article 42 of the Civil Code, who, upon reaching eighteen years
of age, continues to suffer from that disease.
 Article 1186.- The claim, in the interdiction trial, must contain the following data:

I.- Name, age, address, marital status and current residence of the person whose
interdiction is requested;

II.- Name, surname and address of the spouse and relatives, within the third
degree;

III.- Name and address of those who performed guardianship and curatorship, in
the case of Article 654 of the Civil Code;

IV.- The facts on which the claim is based;

V.- Specification of the assets known as the property of the incapacitated person
and that must be subject to judicial supervision;

VI.- Indication of the relationship that the petitioner has with the person whose
interdiction is requested.

Article 1187.- The request for interdiction will be accompanied by a written

opinion from the doctor who, if applicable, treated the alleged incapacitated person.

Article 1188.- Once the request for interdiction is presented, the Judge will
appoint two medical experts, psychiatrists if there are any in the place, so that in the
presence of him, the person who promoted the interdiction and the Public Prosecutor's
Office, they recognize the alleged incapacitated person. and express an opinion about
their capacity or inability.

Article 1189.- The Judge will question whether it is possible the person whose
interdiction is requested and will listen to the opinion of the doctors and other persons
cited, asking them the questions he deems appropriate.

Article 1190.- If the expert opinion proves the complaint, or at least that there is
a well-founded doubt about the incapacity of the person whose interdiction is requested,
the Judge will dictate the following measures:

I.- He will appoint interim guardian and curator, without the person who
requested the interdiction being able to be appointed to any of these positions.

II.- It will require the interim guardian, if he or she is to administer assets, to

provide the corresponding bond.

III.- It will place the assets of the alleged incapacitated person under the
administration of the interim guardian.

IV.- It will place the assets of the marital partnership, if the presumed
incapacitated person is married under that regime, to the care and administration of the
other spouse.

V.- It will legally provide for the parental authority or guardianship of the persons
that the presumed incapacitated person has under his or her care.

Article 1191.- Interim guardianship must be limited to acts of mere protection of

the person and conservation of the property of the incapacitated person, and if there is an
urgent need for other acts, the interim guardian will obtain judicial authorization to
execute them.

Article 1192.- Once the orders established in the previous Articles have been
issued and after a new medical examination of the presumed incapacitated person, which
will be verified within the following eight days, in the judicial presence and with the
assistance of the Public Prosecutor's Office and the interim guardian, the Judge will
dictate the appropriate resolution.

Article 1193.- In medical opinions, experts will establish, with the greatest
precision, the following:

I.- Diagnosis of the disease.

II.- Prognosis of the same.

III.- Characteristic manifestations of the current state of the disabled person.

IV.- Appropriate treatment to ensure the future improvement of the incapacitated

person.

Article 1194.- The interim guardian may appoint a doctor to take part in the
recognition and have his or her opinion heard.

Article 1195.- The evidence offered by the interested parties and that the Judge
deems relevant will also be received.

Article 1196.- If there is opposition, the respective trial will be held between the
person who requested the interdiction, the presumed incapable person and the opponent
or opponents, with the intervention of the guardian.

Article 1197.- Once the procedures referred to in the previous Articles have been
completed, if the Judge is convinced of the incapacity, he will declare the state of
interdiction of the person in question.

Article 1198.- If the Judge does not become convinced of the incapacity, he will
conclude the procedure or order to maintain, for a reasonable period, the protection and
administration regime established in that trial.

Article 1199.- In the case of article 1197, the Judge:

I.- It will provide definitive guardianship and curatorship of the incapacitated

person;

II.- If the incapacitated person is already admitted to a hospital or sanatorium, he

or she will approve this confinement or dictate the protective measures that he or she
deems appropriate for the benefit of the incapacitated person.

III.- If the incapacitated person is not admitted to a hospital or sanatorium, the

person will be authorized to be admitted to one of these establishments, if this is
convenient for the patient.

Article 1200.- When the interdiction sentence becomes enforceable and the new
guardianship has been discerned, the interim guardian will cease his duties and will
render accounts to the definitive one, with the intervention of the curator.
 Article 1201.- When a doctor orders a person whom he considers mentally ill to
be admitted to a hospital or sanatorium, he must, under his responsibility, inform the
Public Ministry, within the following twenty-four hours, indicating the name of the
patient, the name of the institution. in question and its address.

Article 1202.- The director of hospitals or sanatoriums must inform the Public
Ministry of the people they receive as mentally ill, for treatment or observation. This
notice will be given under the responsibility of the aforementioned director, within twenty-
four hours following receipt of the patient.

Article 1203.- The Public Ministry, in turn, within twenty-four hours following
receipt of any of the reports referred to in the two previous articles, will promote the
corresponding interdiction trial, acting as plaintiff and seeking to obtain all the data that
is necessary.

Article 1204.- Doctors who care for a mentally ill person admitted to a hospital or
sanatorium, and the directors or those responsible for them, must report quarterly to the
Judge who knows about the interdiction of the former, the state of the patient and the
details of the case. treatment.

Article 1205.- Doctors and directors or managers of hospitals or sanatoriums who

do not comply with the provisions of articles 1201, 1202 and 1204 will be sanctioned for
each report they omit, with a fine of thirty days of minimum wage, regardless of the civil
liability they incur. The fines referred to in this provision will be imposed ex officio by the
Judge, as soon as the omission is noticed.

Article 1206.- While the interdiction lasts, the Judge will repeat the recognition of
the incapacitated person as many times as he deems necessary, or when requested by the
persons mentioned in sections II and III of Article 46 of the Civil Code.

Article 1207.- The examinations referred to in the previous Article will be carried
out with the assistance of the doctor or doctors who have treated or are treating the
incapacitated person, the guardian, curator, Public Ministry, experts and the person who
promoted the interdiction.

Article 1208.- At any time after the resolution referred to in Article 1190 has been
issued, if the Judge acquires the conviction that the person whose interdiction was
requested is in use of his mental faculties, he may authorize him to leave the hospital or
sanatorium in which she is admitted, the resolution that denies or grants that
authorization may be appealed in a complaint.

Article 1209.- The trial that aims to end the interdiction will be followed, in
everything, like the interdiction trial.

Article 1210.- The declaration of incapacity of adults, deprived of intelligence, and

deaf-mutes who do not know how to read or write, nor communicate through a mimic
language, will be made by hearing the applicant and an interim guardian who for that
purpose effect will be appointed by the Judge.

Article 1211.- In all judicial proceedings or proceedings related to the interdiction,

the presumed incapable person will be heard and, before or after the interdiction, may
promote what he deems appropriate for his rights and file appeals, without the need for
the intervention of the tutor.
 Article 1212.- The expenses caused by the procedure will be paid from the assets
of the person whose interdiction is in question; But if the Judge considers that the claim
was made without reason or for malicious purposes, the expenses will be borne by the
person who initiated the procedure, without prejudice to the responsibility incurred.

Article 1213.- The resolutions issued in the interdiction trial, whether procedural
or final, are included in the protective measures of the incapacitated person and Article
46 of the Civil Code is applicable to them.

CHAPTER EIGHTEEN
APPOINTMENT OF GUARDIANS AND DISCERNMENT OF THE POSITION

Article 1214.- Guardians and curators will be appointed and guardianship will be
granted with the intervention of the judicial authority, with respect to the persons:

I.- That they are in a state of minority; either

II.- That they be declared in a state of interdiction, in accordance with the rules of
the previous chapter.

Article 1215.- They may request that guardianship be conferred and that
guardians and curators be appointed:

I.- The same minor, if he has turned sixteen years old.

II.- The spouse of the incapacitated person.

III.- The presumed legitimate heirs.

IV.- The executor.

V.- The interim tutor.

VI.- The Public Ministry.

Article 1216.- The claim must be accompanied by documents that justify the
status of minority or prohibition.

Article 1217.- The state of minority is justified:

I.- With the minor's birth certificate;

II.- With other documents other than the birth certificate, when it does not exist;

III.- Due to the appearance of the minor, in the absence of the documents referred
to in the previous section; and

IV.- By opinion of a medical expert.

Article 1218.- When there is no birth certificate that proves the minority, the
judicial authority will be required to previously make the declaration of said status.

Article 1219.- The state of interdiction will be verified with the resolution that
declares the incapacity, and the appointment of a definitive guardian may be promoted,
as a continuation of the procedure in which this was declared.
 Article 1220.- Once the minority or disability is proven, the appointment of a
guardian and curator will be made, in accordance with the rules of the Civil Code.

Article 1221.- Once the appointment has been made, the tutor and curator will be
notified so that they can state within five days whether or not they accept the position.
Within that term, they will accept their charges or propose their impediment or excuse,
without prejudice to the fact that if subsequent causes of impediment or legal excuse
occur during the performance of the guardianship, they will be asserted.

Article 1222.- The acceptance of guardianship or the passage of the terms, if

applicable, will imply the renunciation of the excuse.

Article 1223.- Once the appointment of a guardian has been accredited by the
person exercising parental authority, in his testamentary disposition, the Judge will
determine the position without requiring bail from the appointed person, if he has been
exempt from it, unless, after the appointment , a cause unknown to the testator has
arisen that makes said bond necessary, in the opinion of the Judge and after hearing the
curator.

Article 1224.- In the case provided for by Article 671 of the Civil Code, the
position of guardian with release of guarantee will be discerned if the testator has so
arranged, regarding the assets left behind.

Article 1225.- The provisions of the two previous Articles are understood without
prejudice to the provisions of Articles 710 section I and 712 of the Civil Code.

Article 1226.- If there is no release of guarantee, it will be required proportionate

to the flow to be managed and subject to the provisions of Articles 31, 706 and 707 of the
Civil Code.

Article 1227.- In the case provided for by Articles 708 and 709 of the Civil Code,
the Judge will appoint an interim guardian.

Article 1228.- The interim guardian, appointed in accordance with the previous
article, will present within the term designated by the Judge and in view of the data that
exists in the books and documents related to guardianship, testamentary or intestate, an
approximate appraisal of the amount of the goods, products and income whose
administration must be guaranteed in accordance with Articles 31 and 707 of the Civil
Code.

Article 1229.- This appraisal will be sent to the Public Ministry and, in view of
what is stated, the granting of the guarantee will be determined.

Article 1230.- The guardian, upon accepting, will express whether or not he has
assets in which a mortgage is constituted.

Article 1231.- The Public Ministry and the curator will promote, in relation to the
provisions of the previous article, the investigations they deem necessary.

Article 1232.- Prior to the acceptance of the designated guardian and the
provision of the guarantee in the manner provided, the position will be determined,
issuing an order authorizing him to exercise it, subject to the laws.
 Article 1233.- From the order referred to in the previous article, the tutor will be
given the testimonies he requests to prove his personality.

Article 1234.- No bond will be required from interim guardians when they do not
have to manage assets.

Article 1235.- When an interim guardian is appointed to the minor, he or she will
be appointed curator with the same character if he or she does not have a permanent
guardian, or if, having one, he or she is prevented from doing so.

Article 1236.- The opposition of interests referred to in articles 623 and 647 of the
Civil Code will be qualified with a hearing by the Public Ministry and the curator.

Article 1237.- When the Judge is legally responsible for appointing a guardian, he
or she will receive information if the minor is in any of the cases provided for by Article
689 of the Civil Code; and will summon by an edict published once in the Official
Newspaper and in a newspaper of the State Capital, the relatives of the incapacitated
person to whom legitimate guardianship may correspond, so that they appear within
fifteen days following the publication of that edict.

Article 1238.- Once the term referred to in the previous article expires, without
any relative of the incapacitated person exercising their rights to guardianship, a dative
guardian will be appointed.

Article 1239.- The appointment of a dative guardian will also be made in case of
extreme urgency, even when the stated term has not been met.

Article 1240.- If a controversy arises regarding the appointment of a guardian, it

will be substantiated in an ordinary trial, and in it the minor will be represented by an
interim guardian who will be appointed for this sole purpose.

Article 1241.- In the order of discernment of the position of guardian, the Judge
must express the percentage that, in accordance with the provisions of Articles 743 and
744 of the Civil Code, corresponds to the appointed one; or the pension or legacy that the
author of the inheritance has assigned to him due to the performance of his position.

Article 1242.- The appointment of the definitive guardian and the discernment of
the position will be published once, in a newspaper published in the State Capital.

Article 1243.- If, when the guardianship is deferred, the incapacitated person is
away from his or her home, the Judge of the town in which he or she is located will
inventory and deposit the movable property that the incapacitated person has in his or
her possession.

Article 1244.- Once the provisions of the previous Article have been fulfilled, the
Judge of the place where the incapacitated person is located will immediately notify the
Judge of his domicile, sending him testimony of those proceedings.

Article 1245.- The duties imposed by Articles 1243 and 1244 are vested in the
Judge, in the event that guardianship becomes vacant for any reason.

CHAPTER NINETEENTH
APPOINTMENT OF CURATOR AND DEFERENCE OF POSITION
 Article 1246.- The position of curator will be deferred to the one who has been
appointed in that capacity by the one who exercises parental authority, in accordance
with the prescriptions of the Civil Code.

Article 1247.- Interim curator will be appointed:

I.- In cases of impediment, separation or excuse of the named person, while the
point is being decided;

II.- When a single curator has been appointed for two or more incapacitated
persons and there is opposition of interests between them;

III.- When the curator acquires rights against the incapacitated person by any
means, if the acquisition of the rights causes temporary opposition of interests between
both.

Article 1248.- The qualification of the opposition of interests in the cases referred
to in sections II and III of the previous Article will be done with a hearing of the guardian
and the Public Ministry.

Article 1249.- After the issue referred to in the previous article is decided, a new
curator will be appointed, in accordance with the law.

TWENTIETH CHAPTER
COMMON PROVISIONS TO THE TWO PREVIOUS CHAPTERS

Article 1250.- In the family courts there will be a registry in which the following
data will be recorded, certified by the Secretary:

I.- Date of the appointment made of a guardian and the curator.

II.- Date of presentation to the Court of the accounts rendered by the guardian.

III.- If the guardian rendered the accounts within the term established by law.

IV.- Whether or not the accounts rendered by the tutor were approved.

V.- Date on which the guardian or curator ends his duties and cause of
termination.

VI.- File number and pages on which the previous data is found.

Article 1251.- On the last day of January of each year, the judges will examine
the registry referred to in the previous article, and in view of them, they will dictate, of the
following measures, those that correspond according to the circumstances:

I.- If it appears that a guardian has died, they will have the corresponding one
appointed in accordance with the law;

II.- If, as a result of any sale, there is any sum deposited as a product for a certain
purpose, they will ensure that the respective requirements are complied with;

III.- They will also demand that guardians who must give an account and who for
any reason have not complied with article 752 of the Civil Code.
 IV.- They will oblige the guardians to comply, without delay, with the provisions of
articles 719, section IX and 728 sections VII and VIII of the Civil Code, after the
authorized payments and the administration percentage have been made.

V.- They will request the news they deem necessary regarding the state of the
management of the guardianship and will adopt the measures they deem appropriate to
avoid abuses and remedy those that may have been committed.

Article 1252.- The account will be kept strictly debit and credit.

Article 1253.- The guardianship accounts must be presented accompanied by

their supporting documents.

Article 1254.- The following are proof of expenses:

I.- The authorization to make the expenditure contained in each item, whether the
general authorization given at the beginning of the administration, or the special
authorization given later.

II.- The document that proves that the expense was actually incurred.

Article 1255.- The account receipts, once approved, can be returned to the
guardian, leaving a copy of them in the records.

Article 1256.- When there are numerous books and documents that must be
compared, it will be sufficient for the account to be presented in extract, if the Public
Prosecutor's Office and the curator agree.

Article 1257.- In the case provided for in the previous Article, the Judge, the
Public Prosecutor's Office and the curator have the power to examine the original books
and documents themselves.

Article 1258.- The Judge may appoint an expert to examine the account and rule
on it.

Article 1259.- The guardian whose position ends may, when delivering the
documents required by article 767 of the Civil Code, retain, with judicial authorization,
those necessary to form his account in order to present them with it, prior to the consent
of the curator. , or who was his ward, if he has already left the minor age.

Article 1260.- Once the account is presented, the Judge will order it to be
transferred to the curator and the Public Ministry, for a period not exceeding ten days for
each of them.

Article 1261.- If when the guardian presents the account, the curator also signs
it, the transfer will be understood only with the Public Ministry.

Article 1262.- If the Public Prosecutor's Office and the curator do not object to the
account, the Judge will issue, within ten days, his order of approval, unless from the
examination that he himself verifies, it appears that some clarifications or rectifications
must be made, the that he will order to be practiced in a prudent manner.

Article 1263.- The Judge cannot fail to examine for himself the accounts rendered
by the guardian, even if they are not objected.
 Article 1264.- If the curator or the Public Ministry make objections or
observations relating only to the form of the account, it will be replaced or amended
within a period not exceeding five days.

Article 1265.- If some items are objected to, the controversy will be decided
incidentally.

Article 1266.- If the observations refer to the fund of the account itself, the Judge
will summon the guardian and the Public Ministry to a meeting.

Article 1267.- After hearing the observations made at the meeting referred to in
the previous Article, the account will be approved or not.

Article 1268.- When the account rendered by the guardian is approved, the Judge
will order that the approval be recorded, by certification of the Secretary, in the Record
Book, referred to in Article 1250, outside the order of discernment, noting the dates of
submission and approval.

Article 1269.- If the Judge does not approve the account rendered by the
guardian, he will also order that the disapproval be recorded, by certification of the
Secretary, in the Record Book mentioned in the previous Article.

Article 1270.- The Public Prosecutor's Office and the curator may appeal the
order that approves the accounts as a complaint, if they made observations against it.

Article 1271.- The order of disapproval can be appealed in a complaint by the

guardian, the curator and the Public Ministry.

Article 1272.- When the examination of the account shows reasons to suspect
fraud or fraud on the part of the guardian, the removal incident will immediately begin.

Article 1273.- If the first steps carried out in the removal incident confirm
suspicions of fraud or fraud on the part of the guardian, the guardian will be removed
outright and an interim guardian will be appointed immediately. This Article is applicable
insofar as it relates to the curator.

Article 1274.- When the guardian, for some acts, requires judicial license or the
approval of the Judge, a prior hearing of the curator is necessary, with whom, in case of
opposition, the respective trial will be substantiated.

Article 1275.- In the trial referred to in the previous Article, only the difference
between the guardian and the curator will be decided.

Article 1276.- Guardians and curators cannot be removed without being heard in
court, except as provided in Article 1273.

Article 1277.- The admission of excuses will be made after justification, with a
hearing of the curator and the Public Ministry, if it is the guardian; or with that of the
latter and that of the Public Ministry, if it were the curator.

CHAPTER TWENTY-FIRST
SALE OF PROPERTY OF MINORS AND DISABLED PEOPLE AND TRANSACTION ON
THEIR RIGHTS

I.- MINORS SUBJECT TO PARENTAL AUTHORITY

 Article 1278.- When the person or persons exercising parental authority seek the
alienation or encumbrance of the assets of their children or descendants, the provisions
of Article 618 of the Civil Code will be observed.

Article 1279.- In the case of the previous article, the following provisions will also
apply:

I.- The ascendant or ascendants will be provided with the justification they offer to
prove the need or usefulness of the sale or transaction.

II.- The Judge will appoint an expert to value the assets;

III.- If the Judge considers the alienation convenient or necessary for the minor:

a).- Authorize the sale outside of auction, at the appraisal price, with a decrease of
up to twenty percent of said appraisal;

b).- The Judge will take the necessary measures so that the sale is carried out in
compliance with the provisions of Articles 620, sections a) and b), and 621 of the Civil
Code.

IV.- Only when the Judge reasonably considers that there may be opposition of
interests between the applicant for authorization and the minor, will he appoint an
interim guardian, whose representation will be limited to this procedure.

II.- MINORS OR DISABLED SUBJECT TO GUARDIANSHIP

Article 1280.- The sale of property belonging to minors subject to guardianship or

incapacitated persons will be made with judicial authorization, except when in addition to
being movable property, the sale constitutes an act of administration or in the case
provided for in section Article 728 of the Civil Code.

Article 1281.- To authorize the sale of goods referred to in the previous article, it
is necessary:

I.- That the tutor requests it in writing;

II.- That the reason for the sale and the object to which the sum obtained should
be applied be expressed;

III.- That the bases of the auction be proposed, in terms of the amount that must
be given in cash, and to which it can be recognized, its term, its interests and its
guarantees;

IV.- That the necessity or usefulness of the alienation be proven, if this is not
recorded in the records;

V.- Let the curator and the Public Ministry be heard.

Article 1282.- To verify the necessity or usefulness of the sale, the Judge will set a
period that does not exceed ten days.

Article 1283.- Once the evidentiary term has concluded, the Judge will summon a
hearing within three days, in which the interested parties may argue about the evidence
provided and will decide within the following five days whether to grant or deny the
license.

Article 1284.- The sale of real estate, jewelry and precious furniture of the
incapacitated person, as well as the alienation of real rights owned by the incapacitated
person, once authorized by the Judge, will be carried out at auction.

Article 1285.- The auction is not necessary when the Judge considers that it is
not appropriate and the guardian and the curator agree. In this case the sale may be
made, at least up to four-fifths of the appraisal price.

Article 1286.- Regarding precious jewelry and furniture, the auction may be
waived by the Judge, once the utility that the minor obtains with the waiver has been
proven.

Article 1287.- The appointment of an expert for the appraisal will be made by the
Judge.

Article 1288.- The auction will be announced in accordance with the provisions of
Articles 598, 599 and 600.

Article 1289.- Reference will be made in the edicts to the judicial resolution that
granted the authorization.

Article 1290.- At the auction, no position may be accepted that is less than four-
fifths of the value that the expert has given to the goods to be sold, nor that which does
not comply with the judicial authorization.

Article 1291.- If no bid is made in the first auction, the auction will be announced
again, and subsequently as many auctions as necessary may be announced until the sale
is achieved.

Article 1292.- If despite the auctions referred to in the previous Article, no

position is made, the tutor, the curator and the Public Ministry, by mutual agreement,
may modify the proposals in the sense of making the sale easier. , and the Judge, hearing
the interested parties in a meeting that will be held within three days, will approve or
reject the modifications.

Article 1293.- Once the sale is made, the Judge, the Public Prosecutor's Office
and the curator, under their responsibility, will ensure that the price obtained is given the
application indicated in the authorization and, where appropriate, that the provisions of
articles 719 section IX and 728 sections VII and VIII of the Civil Code, and the Judge
must ex officio demand that said compliance be accredited.

III.- TRANSACTION ON THE RIGHTS OF MINORS AND DISABLED PEOPLE

Article 1294.- To compromise on the rights of minors subject to parental

authority or of incapable persons who have a guardian, the same requirements
established respectively in the previous Articles are necessary.

IV.- LEASING OF PROPERTY OF DISABLED PEOPLE OR IMPOSITION OF LIENS ON

THE SAME PROPERTY
 Article 1295.- To authorize the guardian of a disabled person, in order to lease
the latter's property or impose liens on them, the following provisions will be applied as
appropriate:

I.- The tutor must request authorization in writing.

II.- In the document in which authorization is requested, the clauses that the
respective lease contract will have will be proposed or the reason for the lien will be
expressed.

III.- The need or usefulness of the lease or lien will be demonstrated.

IV.- The Public Ministry and the curator will be heard.

V.- To prove the need or usefulness of the lien or lease, the Judge will establish a
period that does not exceed ten days;

VI.- Once the evidentiary term has concluded, within the following three days, the
interested parties may argue in writing, and once this term has concluded, the Judge will
decide within five days whether to grant or deny the license.

CHAPTER TWENTY-TWO
DISPOSAL OF ASSETS OF AN ABSENTEE

Article 1296.- The alienation of the assets of an absentee may be promoted by his
representative, subject to the same rules given for the alienation of the assets of minors
and incapacitated persons by the guardian.

Article 1297.- After the declaration of absence or the presumption of death of the
absent person, only the provisional or definitive possessors may promote the alienation of
assets, in accordance with their respective facts.

CHAPTER TWENTY-THIRD
TRIAL FOR RECTIFICATION OF CIVIL REGISTRY MINUTES

Article 1298.- The rectification trial referred to in articles 930 to 935 of the Civil
Code will be processed in an ordinary trial and in which the Judge of the Civil Status
Registry who authorized the record whose rectification is requested and the Public
Ministry will be heard. .

Article 1299.- In the rectification trial, in addition to summoning known

interested parties, those who have an interest in contradicting the claim will also be
summoned, through edicts, as provided in Article 50.

CHAPTER TWENTY-FOUR
REGISTRATION OF THE BIRTH OF A PERSON OVER EIGHTEEN YEARS OF AGE

Article 1300.- Whoever intends to register, in the Civil Status Registry, the birth
of a person over eighteen years of age, will request authorization to make such
registration before the Family Court Judge of the place where the birth took place.

Article 1301.- Once the application has been submitted, it will be seen by the
Public Ministry, the Judge of the corresponding Civil Status Registry, and the people who
have an interest in that registration, for which an extract of the promotion will be posted
in an easily visible place in the Court. of the Family, and of the Civil Status Registry
Office.

Article 1302.- The Public Prosecutor's Office must necessarily state whether it
agrees with the registration or opposes it, and in the latter case it must justify its
opposition.

Article 1303.- The promotion extract will remain posted for nine days, and it will
be the obligation of the Judge of the Civil Status Registry and the Secretary of the Family
Court to replace it if it is destroyed or becomes illegible.

Article 1304.- After the period referred to in the previous Article, the Judge will
summon a hearing within the following three days, in which the promoter must offer and
render evidence to demonstrate that the person whose registration is in question, He was
born in the place and day indicated in his promotion.

Article 1305.- If the Public Ministry or any interested party opposes the
registration and offers evidence, this will be admitted and discussed in the hearing
ordered by Article 1304.

Article 1306.- Once the evidence has been resolved, a ruling will be issued
approving the registration, if the following requirements are met:

I.- That the birth of the person to whom the registration that is requested to be
authorized refers is proven.

II.- That the identity between this person and the person born on the indicated
day, place and time be proven; and

III.- That if there was opposition, the opponent has not proven the underlying
facts of that opposition.

Article 1307.- Once the sentence authorizing the registration has been executed,
it will be communicated to the Judge of the Civil Status Registry, so that he can proceed
to draw up the corresponding record.

Article 1308.- The enforceable sentence is enforceable against any person, even if
they have not intervened in the procedure; But whoever proves that he was absolutely
prevented from going to trial, will be allowed to contradict that sentence, but the previous
sentence will be considered good and will take effect until another one is issued that
contradicts it and causes it to be enforceable. This new trial will be followed through
summary proceedings.

CHAPTER TWENTY-FIFTH
HEREDITARY JUDGMENTS

FIRST SECTION
GENERAL DISPOSITION

Article 1309.- The Public Ministry will be heard in succession trials.

Article 1310.- The Judge will give notice to the Public Ministry, with the
proceedings of the succession trial, when so provided by law or when he deems it
appropriate.
 Article 1311.- The Public Ministry must respond to the hearings given to it, or
promote what it deems appropriate within a period of three days.

Article 1312.- After the three days referred to in the previous article, whether or
not the Public Ministry answers the hearing, or whether or not it makes any promotion,
the Judge, under his responsibility, will resolve what corresponds according to the state
of the cars.

Article 1313.- After the death of the author of the inheritance, while the
interested parties present themselves, and without prejudice to the provisions of article
375 of the Civil Code, the Judge, with a hearing from the Public Ministry, and at the
request of this or any other interested party, will dictate the necessary measures to secure
the assets of the succession:

I.- When the person of cujus has not been known or was a passer-by in the place.

II.- If there are interested minors.

III.- When there is a danger that assets will be hidden or squandered.

Article 1314.- The insurance provisions referred to in the previous Article will be:

I.- Appoint provisional executor;

II.- Order an inventory of assets that may be hidden or lost.

III.- Lock the doors of the cujus' rooms, whose entry is not essential for those who
continue living in that house.

IV.- Place seals on the doors mentioned in the previous section and on the rooms,
safes, security boxes or other furniture of the cujus.

v. Gather the de cujus papers that, closed and sealed, will be deposited in the
secret of the Court.

VI.- Order the Postal Administration to forward the correspondence addressed to

the cujus, with which it will do the same as with the other papers referred to in the
previous section.

VII.- Order the money and jewelry to be deposited in the establishment authorized
by law.

Article 1315.- The executor appointed in accordance with the previous Article
must have the following requirements:

I.- Be over twenty-five years old;

II.- Be of notorious good conduct;

III.- Be domiciled in the place where the succession is opened.

IV. Ensure its management and the result of the administration in accordance
with Article 31 of the Civil Code.

Article 1316.- The following provisions are applicable to the provisional executor:
 I.- You will receive the goods by solemn inventory;

II.- It will have the character of simple depositary;

III.- May, with judicial authorization, perform administrative functions and pay
mortuary debts, taxes and food;

IV.- May promote an interdict to recover possession of hereditary property;

V.- He will cease to hold office after the definitive executor is appointed;

VI.- Will judicially defend the assets of the succession;

VII.- He will deliver to the definitive executor, after he is named, the assets of the
succession, which he will not be able to retain for any reason.

Article 1317.- Once the hereditary rights of the interested parties have been
declared, if all of them are of legal age, after the inventories have been approved, they may
separate themselves from the prosecution of the trial, and adopt, extrajudicially, the
arrangements they deem appropriate to terminate the succession.

Article 1318.- In hereditary trials, four sections will be formed, composed of the
necessary notebooks:

I.- The first will be called "succession section" and will contain, in their respective
cases:

A).- The will or the testimony of its formalization.

B).- The complaint of the succession.

C).- The summons of the heirs and the summons of those who are believed to have
the right to inheritance.

D).- What relates to the appointment and removal of the executor.

E).- The appointment and removal of auditors.

F).- Declaration of heirs.

G).- The incidents of inheritance request; and those that are promoted for any
other reason:

H).- The resolutions that rule on the validity of the will, legal capacity to inherit,
preference of rights and quality of heirs.

I).- The appointment or removal, if applicable, of guardians if there are minor

heirs, who are not subject to parental authority.

II.- The second section will be called "inventory section" and will contain, where
appropriate:

A).- The provisional and definitive inventories.

 B).- The appraisals.

C).- The resolutions and incidents related to the same inventories and appraisals.

III.- The third section will be called "administration section" and will contain:

A).- Everything related to administration.

B).- The accounts, their examination and qualification.

C).- Proof of payment of contributions and hereditary burdens caused.

D).- The resolutions and relative incidents.

IV.- The fourth section will be called "partition section" and will contain:

A).- The partition project.

B).- The relative incidents.

C).- The partition arrangements.

D).- The partition sentence.

E).- The execution of the previous sentence.

Article 1319.- To determine the jurisdiction of the Judge based on the amount,
the value of the hereditary assets will be taken into account.

Article 1320.- If during the processing of an intestacy a will appears or the

existence of a testamentary trial is verified, it will be left without effect, so that only the
testamentary process can be processed; But if the testamentary disposition does not
include all the hereditary assets, the interested party will be processed in the same file as
soon as possible.

Article 1321.- If during the processing of a will, an intestacy is reported, it will be

rendered void, unless the will does not include all the hereditary assets, in which case
both succession trials will be processed in the same file.

Article 1322.- If two intestates are denounced, the succession denounced in the
last place will be annulled; But if two testamentaries are reported, the following provisions
will apply:

I.- If one of the wills revokes the other, the testamentary process initiated with the
revoked will will be annulled.

II.- If the subsequent will does not revoke the previous one, the two wills will be
accumulated.

Article 1323.- The assurance procedures referred to in this section do not

suspend the procedure and will be carried out by separate rope.

SECOND SECTION
DECLARATION OF BEING IN LAW WITH A PRIVATE WILL
 Article 1324.- You may request a declaration that a private will is legal:

I.- Anyone who has an interest in the will.

II.- He who has received any order from the testator.

III.- He who, in accordance with the laws, can represent, without power, any of
those found in the cases referred to in the previous sections.

Article 1325.- Once the request has been made, a day and time will be set for the
examination of the witnesses who have attended the granting, with a summons from the
Public Ministry, who will have the obligation to attend the procedure.

Article 1326.- The examination of witnesses will be strictly subject to the

provisions of Article 3314 of the Civil Code.

Article 1327.- The Secretary will precisely attest to knowing the witnesses. If you
do not know them, the Judge will require the presentation of two knowledgeable
witnesses, who will also sign the statement.

Article 1328.- Once the statements have been received, the Judge will proceed in
accordance with Article 3315 of the Civil Code.

Article 1329.- Against the declaration that the will is not legal, a complaint is
appropriate; If it is declared valid, it may be challenged in the succession trial that begins
with it.

THIRD SECTION
OPENING OF THE CLOSED PUBLIC WILL

Article 1330.- The provisions of this Section will apply to the opening of the
closed public will, granted as of June 1, one thousand nine hundred and eighty-five; but
with respect to wills granted before that date, the Code of Civil Procedures of February 23,
1956 will apply.

Article 1331.- Once a closed public will has been received by the Judge, if
testimony of the relative deed is not accompanied, that testimony will be requested from
the Notary who authorized it, or from the General Archive of Notaries, and the interested
parties will be summoned for a hearing. that there is news and to the Public Ministry.

Article 1332.- In the hearing referred to in the previous Article:

I.- The status of the cover containing the will will be certified;

II.- The Judge will open the cover and read the will aloud;

III.- The Judge will order the will to be notarized;

IV.- Immediately, the record being signed by those who participated in the
proceedings, the will will be sealed with the seal of the Court and the Judge and the
Secretary will sign on each of its pages.

Article 1333.- If two or more closed public wills are presented, whether from the
same date or several, the Judge will proceed with each of them, as provided in this
section.
 Article 1334.- Whoever, having an open or closed public will in their possession,
has news of the death of the testator, must deliver it to the Judge, informing them of the
possible interested parties and their addresses if they are known.

Article 1335.- Failure to comply with the duty imposed by the previous article or
delay in compliance is a cause of liability.

FOURTH SECTION
SPECIAL PROVISIONS FOR
TESTAMENTARY JUDGMENTS

Article 1336.- Whoever promotes a probate trial must present the certification of
death of the person whose succession is in question and, if this is not possible, another
document or evidence that proves it and the will of the deceased.

Article 1337.- When all the heirs are of legal age, or, being minors, are
emancipated with a guardian, and have been instituted in an open public will, as long as
there is no controversy, the will may be extrajudicial, before a Notary Public, in
accordance with which is established in the following fractions:

I.- The executor, if any, the heirs, or, where applicable, the established legatees,
will show the Notary a certified copy of the death certificate of the author of the
inheritance; a testimony of the will; They will state that they recognize the validity of this,
that they accept the inheritance or legacy, that their hereditary rights are recognized, that
the executor accepts the position established by the author of the succession and that
they will proceed to prepare the inventory of the assets of the estate. inheritance.

II.- The Notary will make known these declarations of the interested parties,
through two publications, which will be made with a minimum interval of ten days, in one
of the newspapers with the greatest circulation in the State and will request a report from
the General Archive of Notaries. , as to whether the one shown to him is the last will
granted by the author of the inheritance;

III.- Once the inventory has been carried out by the executor and the heirs and
legatees, if applicable, agree with it, they will present it for formalization and all of them
will appear before the Notary to sign the corresponding document;

IV.- The deed of participation and adjudication will be made as foreseen by the
testator, and failing that, as agreed by the heirs;

V.- Whenever there is opposition from any applicant for inheritance, or from any
creditor, the Notary will suspend his intervention and refer everything that has been done
to the Superior Court of Justice, so that it can be referred to the competent Judge who
must hear the matter;

VI.- The Notary who knows about the Will, must send the proceedings to the
Superior Court of Justice, so that they can be transferred to the competent Judge, when
there is a controversy, the will is contested or the cases provided for by articles 1341,
1342 are found. and 1343 of this Code; and

VII.- When all the heirs are of legal age and have been judicially recognized as
such in an intestacy, this may continue to be processed before a Notary, in accordance
with what is established in this chapter.
 Article 1338.- When the person promoting the probate trial is the legitimate
representative of an absentee, he must present testimony of the order of the declaration of
absence or of the presumption of death of the absentee.

Article 1339.- Notwithstanding the provisions of the preceding Article, if during

the trial the date of death of the absent person is recorded, from this date the succession
will be understood to be open and, once the representative ceases his duties, the
appointment of executor, in accordance with law.

Article 1340.- The following are legitimate parties to promote the trial:

I.- Any heir or executor named in the will.

II.- The spouse.

III.- Any legatee.

IV.- Any creditor of the inheritance.

V.- The Public Ministry.

Article 1341.- If the incapacitated heirs do not have a representative, the Judge
will order that in the same trial they be appointed special guardian in accordance with
law.

Article 1342.- If the guardian or any legitimate representative of a minor or

incapacitated heir has an interest in the inheritance, the Judge will provide them, in
accordance with the law, with a special guardian for the trial.

Article 1343.- The Public Ministry will also be summoned to represent, if it deems
necessary, the heirs whose whereabouts are unknown and those who have been
summoned personally because their address is known, while they appear; but this
representation will only exist and take effect when the Public Prosecutor's Office acts
expressly stating that it does so on behalf of and for the benefit of the heirs not present,
whose names it will express in detail.

Article 1344.- The representation referred to in the previous Article ceases when
the heir or heirs in question appear.

Article 1345.- The actions taken in the succession trial cannot cause harm to the
heirs referred to in Article 1343, if the Public Ministry does not state for each case that it
accepts their representation and that it acts in defense of the interest of the heirs.
themselves.

Article 1346.- The Public Ministry is responsible for damages and losses, if it
accepts the representation referred to in the previous Articles, and acts negligently in the
fulfillment of the duties that it imposes.

Article 1347.- In the filing order, the Judge will call the interested parties to a
meeting, and if in this the will is not contested by any heir nor the capacity of the heirs to
inherit is objected, the Judge:

I.- Will make the declaration of heirs and legatees, and of the legality or illegality of
the testamentary provisions as appropriate;
 II.- Will announce the executor designated in the will; either

III.- Will cause the executor to be elected, in accordance with Articles 3422,
section I, 3423 and 3426 of the Civil Code, or

IV.- Appoint the executor in accordance with Article 3427.

Article 1348.- The meeting will be verified within eight days following the
summons, if the majority of the heirs reside in the place of the trial; but if the majority
resides outside, the Judge will set the period that he deems prudent, taking into account
the distances.

Article 1349.- At the meeting provided for in Article 1347, the intervener may be
appointed by the heirs, in the cases provided for, respectively, by Articles 3489 and 3492
of the Civil Code.

Article 1350.- If any interested party or the Public Ministry challenges the validity
of the will, the legal capacity of any heir or legatee or the legality of a testamentary
disposition, they will do so precisely at the meeting referred to in Article 1347, in which
He will explain the reasons he has for doing so.

Article 1351.- The challenge referred to in the previous article will be governed by
the following provisions:

I.- The Judge will immediately decide what is appropriate regarding the opposition,
unless the parties request to present evidence, in which case he will schedule a hearing
that will take place within fifteen days.

II.- If evidence is offered, the Judge will decide what is appropriate within the
following five days.

III.- The appeal proceeds against the resolution that decides the challenge,
whether or not it declares the nullity of the will.

FIFTH SECTION
SPECIAL PROVISIONS FOR
THE TRIAL OF INTESTATE

Article 1352.- When reporting an intestacy you must:

I.- Accompany the death certificate of the author of the inheritance or, where
appropriate, testimony of the declaration of absence or the presumption of death of the
absent person;

II.- Prove the death through another document or different evidence, if due to
justified circumstances, qualified by the Judge, a copy of the death certificate cannot be
presented;

III.- Repealed.

Article 1353.- In the complaint of an intestate, it will be stated, if possible, which

heirs were left by the author of the succession and their addresses.

Article 1354.- The Judge, in the first order he issues:

 I.- He will appoint a provisional executor, preferring one of the presumed heirs,
and will inform the Public Ministry of the existence of the trial.

II.- He will order the publication of an edict, in the Official Newspaper and in
another of those that have the greatest circulation in the place, summoning all those who
believe they have the right to inheritance to appear to deduct it, within a period of ten
days, which will be counted from the date of the last publication.

III.- Request a report from the General Notaries Archive on whether the author of
the inheritance granted a will.

IV.- It will request a report from the Public Property Registry on the real estate
registered in the name of the cujus.

Article 1355.- The Public Ministry, while the declaration of heirs is being made,
will have the obligation to promote everything conducive to the security, conservation and
promotion of the assets.

Article 1356.- Once the term referred to in section II of Article 1354 has
concluded, the Judge will summon those who have appeared for a meeting, with a term of
five days, in which the rights to the inheritance will be proven and discussed.

Article 1357.- If the interested parties agree, the Judge will make the declaration
of heirs in the form and portion determined by the Civil Code and the election or
appointment of executor will proceed, in the manner provided for in the same Code. A
complaint is filed against this resolution.

Article 1358.- In the meeting established by Article 1356, the heirs may appoint
the auditor granted to them by Article 3489 of the Civil Code; and will be appointed
precisely in the cases indicated in 3492 of the same Code.

Article 1359.- After the ten days indicated in the call, without anyone interested
in the inheritance appearing, the Judge will proceed in accordance with Articles 3361 and
3430 of the Civil Code.

Article 1360.- Where appropriate, articles 1342, 1350 and 1351 will be observed.

Article 1361.- The presumed heirs of the author of the inheritance and the
persons mentioned in sections II to V of Article 1340 may denounce the intestacy.

Article 1362.- If the Public Ministry or any claimant objects to the right or
capacity to inherit of any presumed heir, the following provisions will apply:

I.- The challenge must be made in the meeting referred to in Article 1356,
expressing the facts and the law that support it;

II.- The Judge will immediately decide what is appropriate regarding the challenge,
unless evidence is offered;

III.- The evidence that is offered and admitted will be received in a hearing that
must be held within the following eight days, unless it is documentary evidence that is
presented immediately;

IV.- Once the hearing has been held, a resolution will be issued within the
following five days;
 V.- The appeal proceeds against the resolution that resolves the challenge.

Article 1363.- If someone who claims to be an intestate heir presents himself after
the declaration of heirs has been made in accordance with article 1357, and before the
partition is approved, he may exercise, incidentally, the action to request inheritance.

Article 1364.- The incident of inheritance request does not suspend the
succession procedure; but if it suspends the partition, which can only be projected and
approved by executorily resolving said incident.

SIXTH SECTION
INVENTORIES

Article 1365.- Within ten days of having accepted his position, the executor must
proceed to the inventory, which will, as a general rule, be extrajudicial, and will be
concluded within sixty days.

Article 1366.- If the assets are distributed or located in various towns, or if, due
to the nature of the business, the sixty days referred to in the previous Article are not
considered sufficient, the Judge may, with a hearing of the interested parties and of the
Public Ministry, if applicable, extend the term for up to two more months.

Article 1367.- The inventory will be formed with the intervention of the Public
Ministry and the investigator, in the following cases:

I.- If the majority of the heirs or legatees demand it.

II.- If hereditary creditors request separation of assets in accordance with Articles

2978 and 2979 of the Civil Code.

III.- In the case of Article 1316, section I.

Article 1368.- For the formation of the solemn inventory, the following will be
summoned:

I.- The heirs.

II.- The surviving spouse

III.- The legatees and creditors of the deceased.

The lack of attendance of the aforementioned persons will not prevent the
formation of the inventory.

Article 1369.- In the formation of inventories the following order will be observed:

I.- Cash.

II.- Jewelry.

III.- Effects of commerce or industry.

IV.- Semovientes.
 V.- Fruits.

VI.- Furniture.

VII.- Properties.

VIII.- Active and passive credits.

IX.- Deeds that prove the ownership of the inventoried assets.

X.- Important documents and papers.

XI.- The assets indicated in article 1376,

Article 1370.- The deeds, referred to in section IX of the previous article, will be
accompanied by the inventories or, where appropriate, the file or protocol where they are
located will be indicated.

Article 1371.- When inventorying the assets, all the circumstances by which they
can be identified will be specified.

Article 1372.- If the assets are located in various towns, it will be sufficient, for
the formation of the inventory, to mention the property titles, if they exist among the
papers of the cujus or the description of them, according to the news. that they have,
providing in any case, the registration data in the Public Property Registry.

Article 1373.- Regarding credits, titles and other documents, the date, the name
of the obligated person, to whom they were granted and the type of obligation will be
expressed.

Article 1374.- The inventory must include the disputed assets, expressing this
circumstance, the type of trial followed, the Judge who hears about it, the person against
whom it is litigated and the cause of the lawsuit.

Article 1375.- In the inventory, the assets belonging to the spouse, or the children
of the cujus, subject to their parental authority, will be precisely designated.

Article 1376.- If the deceased had other people's property in his possession, by
any title, it will also be recorded in the inventory, stating the cause.

Article 1377.- If among the assets there are one or some that have been
bequeathed in a specific manner, this circumstance will be recorded in the inventory

Article 1378.- All inventory pages will be divided into two columns, the left one
will contain a detailed description of the goods and the right one will contain the values
set.

Article 1379.- When the experts need to reason their opinion regarding all or any
of the items, they will do so at the end of the inventory.

Article 1380.- If the executor does not complete the inventory within the indicated
period, once he has died, he will immediately cease his duties, unless all the heirs
expressly agree to extend the period.
 Article 1381.- Once the inventory has been presented, the Judge will order it to
be displayed in the court secretariat for a period not exceeding ten days, so that all
interested parties can formulate any claims they deem appropriate.

Article 1382.- The order referred to in the previous Article will be notified to the
heirs, surviving spouse, Public Ministry and creditors.

Article 1383.- After the term established in Article 1381, without any claim
having been made, the Judge will approve or not the inventory, if it meets the legal
requirements established in this section and if, in the case of real estate or real rights, it
was justified that The author of the inheritance was the owner or holder of such assets.

Article 1384.- If objections are made to the inventory, the Judge will call a
meeting within a period of six days, to try to settle the points of difference, and if any
settlement is obtained, the Judge will approve the inventory with the modifications.
agreed.

Article 1385.- If at the meeting referred to in the previous Article, no settlement is

obtained, the respective incident will be followed between the claimant as plaintiff and the
executor as defendant.

Article 1386.- The inventory formed in accordance with Article 1316, section I,
benefits, but does not harm, the interested parties, who may accept it in whole or in part.

Article 1387.- The inventory formed by the definitive executor benefits all
interested parties.

Article 1388.- The inventory harms those who form it and those who approve it.

Article 1389.- Once the inventory is approved, it can only be amended due to
error or fraud, declared by a sentence pronounced in the respective incident, which will
be promoted by whoever objects to the inventory.

Article 1390.- The inventory and the appraisal will not be suspended due to the
claims that are deducted against the succession and those that the executor files on its
behalf.

Article 1391.- If the hereditary estate increases or decreases, the inventory will be
added or decreased, expressing the origin and other circumstances of these modifications.

SEVENTH SECTION
APPRAISAL

Article 1392.- The following provisions are applicable to the appraisal:

I.- The appraisal will be done at the same time as the inventories;

II.- To comply with the provisions of the previous section, the executor, the heirs
and the legatees will appoint experts;

III.- If the executor, heirs and legatees do not agree on the appointment, the Judge
will summon them to a Meeting within three days and, if an agreement is not reached, the
appointment will be made by the Judge, without that an appeal be made against said
appointment
 IV.- The expert appointed by the Judge cannot be challenged.

Article 1393.- The plurality of experts, as well as the need for them to have a
degree in the relative science or art, will be determined by the nature of the assets that
must be valued.

Article 1394.- The inventory may be carried out independently of the appraisal:

I.- In the case of article 1316, section I.

II.- When it is urgent to secure the assets and there are no competent experts on
site.

III.- When a creditor requests the securing of assets in accordance with article
1558 of the Civil Code, or when the separation of assets is requested, in accordance with
Article 2978 of the same Code.

EIGHTH SECTION
INHERITANCE ADMINISTRATION

Article 1395.- The provisional executor is obliged to present monthly the account
of his administration, and the Judge may, ex officio, demand compliance with this duty
and order, in any case, that the liquid amount be deposited in accordance with the
fraction VII of article 1314.

Article 1396.- With the accounts referred to in the previous article, the
provisional executor must accompany the respective supporting documents and, once
approved, they will be returned sealed by the court and with a verification note, leaving a
copy of them in the records.

Article 1397.- The provisions of the Civil Code relating to the account of the
guardians and the delivery by them of the assets of the guardian are applicable, by
analogy, to the account that the provisional executor must render.

Article 1398.- The provisional executor who does not render the account referred
to in the previous articles, within ten days following the date on which the obligation to
render them becomes payable, will immediately cease his duties by resolution that the
Judge will issue. job. There is no appeal against this resolution.

Article 1399.- If the declaration of heirs is not made within thirty days following
the appointment of the provisional executor, the latter may file lawsuits that aim to
recover assets, or make effective rights belonging to the succession and answer those
against it. are promoted. Within the term established in this Article, non-business days
will also be counted.

Article 1400.- If the provisional executor, upon completion of his assignment,

does not deliver the assets to the definitive executor appointed, he will be responsible for
any damages caused.

Article 1401.- The provisional executor will only have action to claim in court the
expenses that he has incurred due to improvements, maintenance or repair, that he has
against the succession, when he has made them with Judicial authorization.

Article 1402.- The money and jewelry will be deposited as provided by article
1314 section VII; but the Judge will order that the sums necessary for the most essential
expenses be delivered to the provisional executor, if he has already granted the
corresponding guarantee.

Article 1403.- The provisional executor will render his general administration
account, within thirty days following the day in which his assignment ends, and it will be
reviewed by the definitive executor, and by the heirs and legatees, if applicable, and until
Once the account has been approved, the guarantee granted will not be cancelled.

Article 1404.- Within thirty days following the acceptance of the position by the
definitive executor, the Judge, at the request of anyone interested in the succession, or ex
officio, will summon the executor, the heirs and legatees and the Public Ministry, so that
the provisions of articles 3445 to 3449 of the Civil Code are complied with.

Article 1405.- If in the meeting referred to in the previous article an agreement is

not obtained from the interested parties, the Judge will decide, observing the provisions of
articles 3449 and 3450 of the Civil Code and that decision can be appealed in a
complaint.

Article 1406.- When an heir of one or more individually determined assets

receives these, in compliance with the provisions of article 3445 of the Civil Code, he or
she must contribute to the payment of administration expenses in proportion to the value
of those assets.

Article 1407.- The definitive executor will have the remuneration that the testator
has indicated to him and if he did not designate it, that established in article 3483 of the
Civil Code; but in this case and in that provided for by article 3484 of the same Code, he
will only have the right to the remuneration that corresponds to the time of his
administration.

Article 1408.- During the substantiation of the hereditary trial, the inventoried
assets may not be sold, except in the cases provided for in articles 3467 and 3507 of the
Civil Code, and in the following:

I.- When the goods may deteriorate.

II.- When they are difficult or expensive to maintain.

III.- When advantageous conditions are presented for the sale of the fruits.

IV.- When all the heirs agree.

V.- When the majority of the heirs agree, in the case of section III of article 3452 of
the Civil Code, the provisions of articles 622 and 728 section X of the same Civil Code are
then applicable.

Article 1409.- The account books and papers of the deceased will be delivered to
the executor and, once the partition has been made, to the recognized heirs; observing,
with respect to titles, what is prescribed in article 1450. The other roles will remain in the
hands of the person who performed the executor.

Article 1410.- The definitive executors will have the obligation to render accounts
of their administration every four months, starting from the date of acceptance of the
position, without prejudice to rendering the general account of the executor.
 Article 1411.- If the definitive executor does not present the account referred to in
the previous article within ten days, or does not prove that he has deposited the amounts
that, by virtue of his assignment, he has received, deducting those that must remain in
his possession for the administration expenses and, where appropriate, those
corresponding to the heirs, in accordance with article 3449, section III of the Civil Code,
will immediately cease his duties, unless all the heirs agree to extend the term.

Article 1412.- The definitive executor whose accounts were not approved and who
does not comply with the obligations listed in article 3454 of the Civil Code will be
removed by incident.

Article 1413.- The appointment of executor made by the heirs may be freely
revoked by the majority of them, computed in accordance with Article 3426 of the Civil
Code.

Article 1414.- If the executor refuses to initiate or continue a trial in defense of

the succession, the Judge, hearing the executor, may grant authorization to the heirs, if
the majority requests it, to do so.

SECTION NINTH
LIQUIDATION OF THE INHERITANCE

Article 1415.- Once the administration operations are concluded, the executor
will present his executor account.

Article 1416.- When the assets are not enough to pay the debts and legacies, the
executor must inform the creditors and legatees so that they can take the necessary
measures.

Article 1417.- The Judge will grant a period of ten days during which the account
will remain in the secretariat, so that the interested parties can assert themselves over it
and once this period expires, he will summon the parties to a meeting.

Article 1418.- If all interested parties approve the account, the Judge will
intervene with his authority and will condemn them to go through what was approved.

Article 1419.- If any of the interested parties is not satisfied, they will promote the
respective incident.

TENTH SECTION
PARTITION

Article 1420.- Once the executor account is approved, the executor will proceed to
make the partition as provided in the will and the Civil Code, if applicable.

Article 1421.- If once the inventory and appraisal have been completed, there is
still a pending trial in which the succession is a party, the partition will be suspended.

Article 1422.- The co-heirs of the conditional heir, when the partition is made,
will competently ensure the right of the conditional heir in the event of the condition
being fulfilled; and as long as it is not known that this has been lacking or that it can no
longer be verified, the partition will be considered provisional, but only as to the part in
which the pending right consists and as to the security with which it has been secured.
 Article 1423.- Anyone who has acquired the rights of an heir at auction may
request partition.

Article 1424.- If one of the heirs dies before the request is made, the
representative of his or her succession may request it.

Article 1425.- If any of the heirs are absent and do not have a legitimate
representative, the partition must be approved judicially, after hearing the Public
Ministry.

Article 1426.- The executor will form the partition project himself, and may be
advised by other people.

Article 1427.- The executor will separate, first of all, the part that corresponds to
the surviving spouse, in accordance with the capitulations and the provisions that
regulate the marital partnership.

Article 1428.- The partition project will be subject to the following rules:

I.- If there is no designation of a specific part or good, goods of the same type will
be included in each portion, as far as possible.

II.- If the properties of the inheritance report liens, they will be specified,
indicating the way to redeem them or divide them among the heirs.

Article 1429.- The executor will privately ask the interested parties for the
instructions and clarifications he deems necessary. If he does not obtain them, the Judge
will be asked to call a meeting to be held within three days, so that the points that the
executor believes are essential can be set.

Article 1430.- In the case provided for in the previous article, if the instructions
requested by the executor are established by agreement of the interested parties at the
meeting, the executor will consider such instructions as one of the bases of the
liquidation and partition.

Article 1431.- If there is no agreement at the meeting, the executor will resolve
the doubts as he deems fair.

Article 1432.- Once the claims incidents are resolved, the executor will present
the partition with his signature.

Article 1433.- The Judge will order the records to be placed in the court's
secretariat for a period not exceeding twenty common days, so that the parties can take
control of them and make the observations they deem appropriate.

Article 1434.- If the term referred to in the previous Article passes, without
opposition, the Judge will summon for ruling and will approve the liquidation and
partition, ordering, after summoning all interested parties, to send the records to the
Public Notary of their choice. them, for the granting of the deed, if in the inheritance there
are assets whose adjudication must be done with that formality.

Article 1435.- If during the term established by Article 1433, opposition is made
to the liquidation and partition, the Judge will call a meeting of the interested parties and
the executor, so that they can agree on what they deem appropriate, after hearing the
explanations given mutually. , issuing a detailed record.
 Article 1436.- If there is agreement from all interested parties regarding the
issues that have arisen, what was agreed will be executed, and the executor will make, in
the liquidation and partition, the agreed reforms. If there is no compliance, the claim will
be made as an incidental lawsuit.

Article 1437.- The claim of any heir on the amount assigned to him will be made
incidentally, without the claimant being able to provide evidence against the evidence of
the approved inventory.

Article 1438.- If the claim is related to the type of assigned goods and there is no
agreement, the disputed goods will be sold.

Article 1439.- Assets that are indivisible or that do not allow easy division may be
awarded to one of the heirs, with the condition of paying the excess in money to the
others. The quantity and quality of the assets, if there is no agreement between the heirs,
will be set by the Judge.

Article 1440.- If the provisions of the previous Article cannot be carried out and
the heirs do not agree to award the assets in common, or in another way of payment, they
will be sold, giving preference to the heirs.

Article 1441.- If there are minors or one of the heirs requests it, the sale will be
made at public auction.

Article 1442.- The difference in the price will increase or decrease the hereditary
mass. In these cases the partition must be modified.

Article 1443.- If after three auctions have been verified, there is no bidder for the
assets that do not allow easy division, they will be drawn among the heirs and legatees, if
applicable, and will be awarded for half of their value, to whomever the lot designates.

Article 1444.- What in the case of the previous article exceeds the quota of the
successful heir, will be recognized by him, unless otherwise agreed, during a period
established by the Judge and not exceeding five years, with interest equal to the banking
in social interest loans, and with a mortgage of the foreclosed property, if it is real estate,
in favor of the person to whom it corresponds, according to the partition.

Article 1445.- If the awarded property does not cover the quota of the awarded
heir and cannot be completed with other assets, the difference will be recognized on
another property, in the manner established in the previous Article.

Article 1446.- If several heirs claim the same inheritance property, it will be put
out to tender among them and whatever is given over the legitimate price will enter the
common fund.

Article 1447.- If there is any good that everyone refuses to receive, it will be sold
and its price will enter the common fund.

Article 1448.- Once the partition is definitively approved, either by the interested
parties or by an executory ruling, the following provisions will apply:

I.- The assets that have been awarded to each of them will be delivered to the heirs
and legatees;
 II.- The Judge will declare that the provisional delivery of goods, carried out in
compliance with Articles 3445 to 3448 of the Civil Code, is definitive;

III.- The property titles corresponding to the assets awarded to them will be
delivered to each of the heirs or legatees;

IV.- Each of the heirs or legatees, if requested, will be issued a copy of the
partition; and

V.- If the partition was recorded in a public deed, testimony of it will be given to
each of the heirs.

Article 1449.- The copy or testimony of the partition must contain:

I.- The name and surname of all heirs and legatees;

II.- The names, extension and boundaries of the awarded properties, expressing
the part of the price that each successful heir is obliged to return, if the price of the
property exceeds his hereditary portion, or what he must receive, if it is missing;

III.- The enumeration of the furniture or quantities;

IV.- Reason for the delivery of the titles of the properties awarded or distributed;

V.- Expression of the amounts that one heir recognizes to another and the
guarantee that has been established.

Article 1450.- Regarding the titles that prove the property or right awarded, the
following provisions will apply:

I.- They will be delivered to the heir or legatee to whom the property is awarded.

II.- When the same title includes properties awarded to several co-heirs or a single
one, but divided between two or more, the title will remain in the possession of the one
who has the greatest interest represented in the property or properties, giving the others
authentic copies. , at the expense of the estate.

III.- If all Interested Parties have an equal share in the properties, the title will
remain in the hands of the person designated by the Judge, if there is no agreement
between the participants.

IV.- If the title is original, the person in whose possession it remains must also
exhibit it to other interested parties, when necessary.

V.- The delivery of the copies will be stated in the title and in the relative protocols.

Article 1451.- Legally recognized hereditary creditors who do not have guarantees
may oppose the partition being carried out, as long as their credit is not paid, if the term
has already expired; and if it is not, as long as payment is not duly assured.

Article 1452.- The guarantee referred to in the previous Article will be the same
as that which secured the credit. If this was not guaranteed, the one designated by the
Judge will be given, in the absence of agreement between the interested parties.
 Article 1453.- If the creditor is subject to guardianship, the guarantee of the
credit will be granted prior judicial authorization, if there are minor heirs.

Article 1454.- An appeal is made against sentences that approve or disapprove a

partition.

CHAPTER TWENTY-SIX
PROCEDURE IN SMALL AMOUNT HEREDITARY LAWSUITS

Article 1455.- Minor judges may only hear inheritances in which there are no real
estate assets.

Article 1456.- The hereditary trial of the jurisdiction of the minor judges will be
processed in three hearings, of which the corresponding minutes will be drawn up, and
only the incidents of petition for inheritance or removal of executor may be admitted.

Article 1457.- In the first hearing, which will take place on the fifth day following
the promotion, the testamentary disposition will be read, making, in the same act, the
recognition of heirs and the recognition or appointment of executor; and a date will be
designated for the second hearing, within ten days.

Article 1458.- In the case of intestacy, once the promotion has been made, an
edict will be published summoning heirs within a period of ten days, from the date of
publication, which will be done by posting the edict in a visible place in the court. and
another also in a visible place in the Municipal Presidency. The Secretary of the Court
must replace these edicts if they are destroyed or disappear.

Article 1459.- Without prejudice to the provisions of the previous Article and
admitting the documentary evidence, which is presented for this purpose, testimonial
information will be immediately received, to verify if the author of the inheritance left
descendants, spouse or person who will be found in the case provided for by Article 297 of
the Civil Code, and collateral relatives within the fifth degree, whoever they are and their
residence.

Article 1460.- Once the term of the edict has elapsed, a date will be set for the
first hearing within the following five days, wherein the hereditary rights must be
discussed and the declaration of heirs and the appointment of executor must be made,
concluding with the designation of a day for the second hearing.

Article 1461.- The testimonial information, in the absence of other evidence, will
be sufficient to prove the hereditary right.

Article 1462.- To hold the hearings in the trial, all those who appear from the will,
the documents presented, the promotion or the testimonial information, as interested in
the inheritance, or their legitimate representatives, must be summoned.

Article 1463.- If among the interested parties there are minors or incapacitated
persons, lacking representation, in the same act in which the opening of the trial is
decreed, they will be provided with a guardian appointed by the Judge from among the
most honorable persons of the place, who will only have the representation of the minor
or incapacitated person during the trial and will be exempt from guaranteeing its
handling.
 Article 1464.- In the second hearing, the inventories will be presented and
discussed, and their approval or any modifications agreed upon by the interested parties
will be decreed.

Article 1465.- If it turns out from the appraisals that the amount of the business
exceeds the limits of the Judge's jurisdiction, without issuing any resolution on the
inventories, the records will be sent to the competent Judge. preferring, where there are
several, the one chosen by the majority of interested parties.

Article 1466.- In the case provided for in the previous article, the declaration of
heirs will only subsist if the relationship has been proven in accordance with the general
rules of proof of civil status, and the Judge will declare directly and ex officio the non-
subsistence that may arise. .

Article 1467.- In the third hearing, which must take place within fifteen days of
the second hearing, the project for the division and application of assets will be presented,
it will be discussed and its approval will be decreed, if the interested parties do not object
to it, or its approval. modification as appropriate.

Article 1468.- Of the procedure for holding the third hearing, minutes will be
drawn up with the greatest possible clarity, in order to avoid any confusion or doubt
about the portion that is assigned to each interested party and about the assets that
apply to them.

Article 1469.- The executor's account will be presented at the third hearing and
the appropriate resolutions will be issued regarding it before discussing the division and
application project.

Article 1470.- Once the trial is concluded, the interested parties will be provided
with a certified copy of the minutes of the third hearing and the relevant matters of the
first to serve as a title.

Article 1471.- Against the resolutions issued in the succession trials referred to in
this chapter, a complaint will be lodged.

FIFTH BOOK
VOLUNTARY JURISDICTION

CHAPTER I
GENERAL DISPOSITION

Article 1472.- Voluntary jurisdiction includes acts in which, by provision of the

law or by request of the interested parties, the intervention of the Judge is required,
without any controversy being or being promoted between specific parties.

Article 1473.- If the Judge deems it necessary to hold a hearing for any person,
he will summon them, warning them that the proceedings remain, for three days, in the
court secretariat, so that they can impose themselves on them and express what is
appropriate to their right within same term.

Article 1474.- Within the term established in the previous article, the Judge will
hear the promoter of the proceedings.

Article 1475.- The Public Ministry will be heard if the proceedings requested refer
to issues in which, according to this Code, it has an interest.
 Article 1476.- If anyone who has the right to the Judge's judgment objects to
what is requested or resolved, voluntary jurisdiction will end.

Article 1477.- If the opposition is made by someone who does not have the right
to do so, the Judge will reject it outright.

Article 1478.- The rulings issued in voluntary jurisdiction may be varied or

modified, without subjection to the forms or terms established with respect to contentious
jurisdiction.

Article 1479.- A complaint is filed against the resolution that rejects the initial
promotion in voluntary jurisdiction.

CHAPTER II
AD-PERPETUAM INFORMATION

Article 1480.- Ad-perpetuam information can only be decreed when it is

necessary to justify a fact or prove a right, in which only the person who requests it has
an interest.

Article 1481.- The information will be received with a summons from the
representative of the Public Ministry, who may attend the statements, cross-examine and
cross out the witnesses.

Article 1482.- If the witnesses are not known to the Judge, the Secretary or the
Public Ministry, the party must present two that support each of those presented.

Article 1483.- The information will be testified to the interested party or will be
formalized, if the interested party requests it.

CHAPTER III
INTERPELLATION

Article 1484.- The creditor, who is in the cases provided for by articles 1808,
1809, 2010 section II and 2011 of the Civil Code, will request the Judge to question the
debtor, instructing him to fulfill his obligation.

Article 1485.- In the document in which the interpellation is requested, the

creditor will mention the obligation in question, the sum or object of that obligation, and
the name and address of the debtor.

Article 1486.- If the Judge finds the request arranged legally, he will order that
the debtor be questioned, so that he fulfills his obligation and that a certified copy of the
interpellation be delivered to the petitioner.

TRANSIENTS

Article 1.- This Code will come into force on the first day of January, one
thousand nine hundred and eighty-seven.

Article 2.- The Code of Civil Procedures of February 23, 1956 is repealed and
other laws are repealed insofar as they oppose this Code.
 Article 3.- The substantiation of pending businesses will be subject to the
provisions of this new Code of Civil Procedures, in the state in which they are found when
its validity begins; But if the terms that are again indicated for any judicial act are less
than those indicated by the repealed Code, this will be observed, if those terms are
already running.

Article 4.- Pending businesses that have not been processed in this Code will be
subject to what is established by the now repealed Code.

Article 5.- For the purposes of the two previous Articles, pending will be
understood as those in which the initial promotion of the business has been entered or
admitted.

Article 6.- Appeals filed before the validity of this Code will be admitted and
processed in accordance with the provisions of the repealed Code, even if they are not
appropriate in accordance with this new Code.

THE GOVERNOR will publish and enforce this provision. Given in the Palace of
the Legislative Power, in the Heroic City of Puebla de Zaragoza, on the Fourth day of the
month of September, One Thousand Nine Hundred and Eighty-Six.- President.- Dip. Lic.
Antonio Hernández y Genis.- Heading.- Secretary.- Dip. Lic. Jesús Antonio Carlos
Hernández.- Rubric. - Secretary.- Dip. Dr. Angel Ricaño Bustillos.- Rubric.

Therefore I order it to be printed, published and circulated for its purposes.- Given
in the Palace of the Executive Power in the Heroica Puebla of Zaragoza, on the second day
of the month of October of one thousand nine hundred and eighty-six.- The
Constitutional Governor of the State. - Lic. Guillermo Jiménez Morales.- Heading.- The
Secretary of the Interior.- Lic. Humberto Gutiérrez Manzano.- Rubric.