FEDERAL CIVIL CODE OF THE UNITED MEXICAN STATES
(as amended April 2009)
PRELIMINARY PROVISIONS
Article 1.
The provisions of this code are in force in the Federal District in the area of state competence and throughout Mexico in the area of federal competence.
Article 2.
Men and women have equal legal capacity; a woman has no right to be subject to restrictions in the acquisition and exercise of her civil rights in connection with her gender.
Article 3.
Laws, regulations, circulars and other acts of a generally binding nature come into force when three days have expired from the date of their publication in the official publication («Diario Ofisial»).
Article 4.
If a law, regulation, circular or act of a generally binding nature contains an indication of the date from which its effect should begin, then this act comes into force from this date.
Article 5.
No law or other act can have retroactive effect if this would worsen the position of any person.
Article 6.
The will of private individuals cannot exclude the obligation to comply with the law or change the content of the law. A private person may waive only those rights that are not directly related to public policy, and the renunciation itself should not be associated with a violation of the interests of third parties.
Article 7.
The waiver permitted by the preceding article is void unless expressed in clear and precise terms that leave no room for doubt as to the content of the waiver.
Article 8.
Transactions made in contradiction with the content of prohibitory laws or laws reflecting public interest are not valid, except for the cases established in the law itself.
Article 10.
Failure to comply with the law under the pretext of non-application by the authorities, or the contradiction of this law with customs or established practice, is unacceptable.
Article 12.
Mexican laws, including those relating to the civil status and legal capacity of persons, apply to all Mexicans and foreigners permanently or temporarily resident in the Mexican Republic.
Article 14.
Real and movable property located on the territory of the Federal District is governed by the provisions of this code, even if their owners are considered to be visitors.
Article 15.
The form of transactions is determined by the law of the place where they are performed. However, Mexicans and visitors residing outside the Federal District have the right to enter into transactions in the form required by this code if the relevant transactions must be executed in the territory of the Federal District.
Article 17.
If someone, taking advantage of the deep ignorance, obvious inexperience or extreme poverty of another person, receives an excessive benefit that clearly does not correspond to what the first person in turn undertakes, then the victim has the right to demand termination of the contract, and if there is no chance of termination, to demand a proportionate reduction of his obligation.
The period during which the right granted by this article is valid is one year.
Article 18.
Silence, ambiguity or insufficiency of the law cannot serve as a basis for the court to refuse to decide the case.
Article 19.
Civil cases must be decided on the basis of the letter of the law or according to the legal interpretation of the law. In the absence of a law, civil cases are decided on the basis of general principles of law.
Article 21.
Ignorance of the laws is not an excuse for non-compliance. Nevertheless, the court, taking into account the obvious mental retardation, living far from the means of communication or the poverty of the offender, has the right, with the consent of the prosecutor's office, to release the relevant person from liability for failure to comply with a law the existence of which this person did not know. If this is possible, the court has the right to offer such a person a period of time to comply with the relevant law. The exercise of these rights by the court is allowed only if the case does not concern laws that directly affect the public interest.
BOOK ONE. ABOUT PERSONS
TITLE FIRST. ABOUT INDIVIDUALS
Article 22.
The legal capacity of individuals arises at birth and ends at death. However, from the moment of conception, the individual is under the protection of the law and is considered as born in the cases provided for by this code.
Article 23.
Minority, limitation of legal capacity and other restrictions provided for by law act as legal restrictions on the individual; however, those with limited legal capacity have the opportunity to exercise their rights or assume responsibilities through their representatives.
Article 24.
An adult has the right to freely dispose of himself and his property, except in cases established by law.
TITLE SECOND. ABOUT LEGAL ENTITIES
Article 25.
Legal entities are:
1. Nation, States and Municipalities.
2. Other public corporations recognized by law.
3. Civil and commercial societies.
4. Trade unions, other professional associations and associations provided for in paragraph XVI of Art. 123 of the Federal Constitution.
5. Cooperative societies.
6. Other societies pursuing political, scientific, cultural, recreational or any other legitimate purposes, provided that these societies are recognized by law.
Article 26.
Legal entities have the right to have and exercise any rights required to achieve the purpose of their creation.
Article 27.
Legal entities act and assume responsibilities through their bodies, which represent them in accordance with the law or charters.
Article 28.
The activities of legal entities are regulated by relevant laws, as well as their constituent agreements and charters.
TITLE THIRD. ABOUT DOMICILE
Article 29.
The domicile of an individual is the place where he resides with the intention of permanent residence; in the absence of such intention, the person's domicile constitutes the principal place of conduct of his professional activities. If it is impossible to establish domicile on the basis of both of the above criteria, the domicile is considered to be the location of the relevant person.
Article 30.
A person's intention to reside in a place is presumed permanently if the person resides in that place for more than six months. In order for the said presumption not to apply, the person concerned must, within fifteen days after the end of the six-month period of residence in a certain place, declare to the municipal authorities both at the place of actual residence and at the place of his domicile that he does not want to lose his old domicile and acquire a new one. Such a statement is not valid if the purpose is to cause harm to third parties.
Article 33.
The domicile of legal entities is the place of residence of their administration.
TITLE FOUR. ABOUT THE CIVIL REGISTER
CHAPTER 1. GENERAL PROVISIONS
Article 35.
In the Federal District, it is the responsibility of the officials of the Civil Registry to certify civil records and issue certificates of birth, recognition of children, adoption, marriage, divorce, guardianship, emancipation and death of Mexicans and aliens residing in the Federal District. These officials are also responsible for registering court decisions declaring a person missing, presuming the death of a person, or limiting legal capacity to manage one’s property.
Article 39.
The civil status of a person can only be proven by a document issued in the Civil Register. No other document or means of proof can act as appropriate evidence, except in cases expressly specified in the law itself.
TITLE FIFTH. ABOUT MARRIAGE
CHAPTER 1. ABOUT ENGAGEMENT
Article 139.
A proposal of marriage, made in writing and accepted by the person to whom it was addressed, achieves engagement.
Article 142.
Engagement does not create an obligation to marry. The provision included in the engagement document regarding liability for breaking the promise to marry is invalid.
Article 143.
Anyone who, in the opinion of the court, without serious grounds, refuses to fulfill his promise to marry or postpones the fulfillment of this promise indefinitely, is obliged to compensate the other party for the expenses that she incurred in connection with the preparation for marriage.
Anyone who, without serious grounds, refuses to fulfill a promise to marry, is also obliged to pay compensation for non-pecuniary damage if, due to the duration of the engagement, the intimacy established between the engaged, the publicity of the engagement, the proximity of the date fixed for the marriage, or due to other similar reasons, the break between the engaged will cause serious harm to the party innocent in the break.
The amount of compensation is determined by the court in each specific case, taking into account the property status of the party guilty of the breakup and the severity of the harm caused to the innocent party.
CHAPTER 2. CONDITIONS OF MARRIAGE
Article 146.
The marriage takes place in the presence of officials specified by law, and in addition in the form specified by law.
Article 148.
To marry, a man must be sixteen years old, and a woman must be fourteen years old. Chairmen of municipalities, in the presence of serious valid reasons, have the right to allow persons under the specified age to marry.
Article 149.
A boy or girl under twenty-one years of age has no right to marry without the consent of his parents.
Article 150.
In the absence of parents or grandparents, consent must be obtained from guardians. In the absence of the latter, consent is given by the court of first instance at the place of residence of the interested person.
Article 156.
Conditions preventing marriage:
1. Failure to reach the age prescribed by law, if there are no grounds for reducing it.
2. Lack of consent to the marriage on the part of the person or persons exercising parental authority, or, in cases required by law, lack of consent of the guardians or the court of first instance.
3. Consanguinity in a direct line, regardless of the degree of relationship; in the case of collateral kinship, marriages between brothers and sisters and between cousins are not allowed; In addition, marriages between uncles and aunts, on the one hand, and nieces and nephews, on the other hand, are not allowed.
4. Property relations of any degree along a straight line.
5. Adultery proven in court by persons intending to marry.
6. An attempt on the life of one of the spouses in order to marry the other spouse.
7. Serious threats or violence. If kidnapping is not possible, a marriage can be concluded between the kidnapper and the kidnapped person until she is in a safe place where she is able to freely express her will.
8. Chronic drunkenness, drug addiction, incurable impotence, syphilis, insanity, and in addition chronic and incurable diseases that are considered contagious and inherited.
9. Idiocy and dementia.
10. Stay of one of both parties in an undissolved marriage.
The relative invalidity of a marriage is generated only in the event of a violation of the condition regarding the age of those entering into marriage, and in addition, when a marriage is concluded between uncles and aunts, on the one hand, and nieces and nephews, on the other. Violation of other conditions entails the invalidity of the marriage.
Article 158.
A woman does not have the right to enter into a new marriage until three hundred days have passed from the date of dissolution of the previous marriage, with the exception of the case when she gives birth to a child during the specified period. In case of invalidity of marriage or divorce, the specified period is calculated from the date of termination of marital cohabitation.
CHAPTER 3. ABOUT RIGHTS AND OBLIGATIONS GENERATED BY MARRIAGE
Article 162.
Spouses are obliged to assist each other in everything related to marriage and provide mutual assistance.
Any person has the right to freely, responsibly and consciously decide on the number of his children. In marriage, this right must be exercised by the spouses on the basis of mutual consent.
Article 164.
Spouses are obliged to financially contribute to maintaining the home, providing for their children and raising them in accordance with the requirements of the law. The forms and amounts of such assistance may be determined by a joint decision of the spouses, taking into account the capabilities of each of them. The above responsibilities are not assigned to a disabled spouse who does not have his own property. In this case, all concerns regarding the fulfillment of these responsibilities are assigned to the other spouse.
Article 168.
Husband and wife have equal rights in matters related to housekeeping; therefore, on the basis of mutual agreement, they resolve issues of housekeeping, raising and educating children and managing children’s property. If there is a disagreement between spouses, the dispute will be resolved by a family law judge.
Article 169.
Spouses have the right to choose any type of activity or profession, with the exception of those that harm the moral foundations of the family or lead to the destruction of family ties. Either spouse has the right to demand that the other party stops activities that fall into the above categories. The dispute over such a claim is decided by a family law judge.
Article 174.
Spouses are required to obtain court permission to enter into agreements between themselves, with the exception of agreements on representation in court or representation when performing acts of property management.
TITLE SIX. ABOUT RELATIONSHIP AND ALIMONY
CHAPTER 2. ABOUT ALIMONY
Article 301.
The obligation to provide alimony is considered mutual.
Article 302.
Spouses are mutually obligated to provide each other with alimony. The law determines when this obligation remains in the event of divorce and other cases established by law.
Article 303.
Parents are required to provide child support to their children. If the parents cannot fulfill this responsibility, then it is assigned to other ascending relatives of the closest degree along both lines of kinship.
Article 304.
Children are required to provide child support to their parents. If children are not able to fulfill this responsibility, then it is assigned to descendants of the closest degree of kinship.
Article 308.
Alimony covers food, clothing, housing and medical assistance in case of illness. In relation to minors, alimony also includes expenses required for the acquisition of primary education, and in addition, expenses for training in any decent craft, business, profession corresponding to the gender and personal qualities of the minor.
BOOK TWO. ABOUT THINGS
TITLE FIRST. PRELIMINARY PROVISIONS
Article 747.
Any thing that is not excluded from circulation can be the object of appropriation.
Article 748.
Things have the opportunity to be excluded from circulation due to their natural properties or as specified by law.
Article 749.
Excluded from circulation due to the peculiarities of their nature are things that are not capable of being in the exclusive possession of one person. Things are considered excluded from circulation as prescribed by law if the law does not allow them to belong to private individuals by right of ownership.
TITLE SECOND. CLASSIFICATION OF THINGS
CHAPTER 1. ABOUT IMMOVABLE THINGS
Article 750.
Immovable things are:
1. Land and structures inseparable from it.
2. Plantings and trees until they are separated from the ground, and in addition their fruits until they are separated at harvest.
3. Anything that is firmly attached to real estate so that it cannot be separated from the real estate without destroying this real estate or the separated object itself.
4. Statues, bas-reliefs, paintings and other objects of decoration installed in buildings or estates by the owner of real estate with the obvious intention of maintaining these objects permanently as part of the real estate.
5. Dovecotes, apiaries, fish ponds and other similar nurseries, if they are maintained by the land owner as a permanent part of the estate.
6. Machines, tools, equipment directly intended by the land owner for conducting production on this estate.
7. Fertilizers for cultivating the land, if they are already located on the estate in which they will be used. Seeds intended for sowing on the estate.
8. Electrical and auxiliary installations attached to land or buildings by the owner of the land or buildings. Agreements may stipulate otherwise.
9. Streams, ponds and water channels, as well as water pipes and other pipelines used to transport liquids or gases to or from the estate.
10. Productive livestock on livestock estates, and in addition any other animals required for work on the relevant estate.
11. Dams and structures that, although they would be afloat, at the same time, with the purpose of their creation and properties, would be intended to be located in a certain place of a river, lake or coast.
12. Property rights to real estate.
13. Rolling stock on railways, telephone and telegraph lines and stationary radiotelegraph stations.
Article 751.
Things that are movable by nature and which, by virtue of the provisions of the previous article, are considered immovable, are again considered movable if the owner separates them from real estate. This rule does not apply if the value of things movable by their nature is included in the real estate tariff in order to establish a property right over the entire complex in favor of a third party.
CHAPTER 2. ABOUT MOVABLE ITEMS
Article 752.
Things are considered movable by virtue of their natural properties or by virtue of the law.
Article 753.
Movable by nature are bodily things that have the right to move from one place to another, regardless of whether they move themselves or under the influence of an external force.
Article 754.
They represent movable obligations, rights and claims, by virtue of the law, the object of which is movable property or sums of money collected by virtue of rights of claim from obligations.
Article 755.
Similarly, shares owned by members of societies are considered movable, even if the societies themselves owned any real estate.
Article 756.
Vessels of any kind are considered movables.
Article 758.
Copyrights act as movable property.
Article 759.
In general, all those things that are not defined by law as real estate are movable.
CHAPTER 3. DIVISION OF THINGS DEPENDING ON THE SUBJECTS TO WHICH THEY BELONG
Article 764.
Things can belong by right of ownership to public authorities or private individuals.
Article 765.
Public property includes property owned by the Federation, states or municipalities.
Article 766.
Property that is the property of public authorities is regulated by this code insofar as it will not be regulated by special laws.
TITLE THIRD. ABOUT OWNERSHIP
CHAPTER ONE
Article 790.
The owner of any thing is considered to be the one who exercises actual power in relation to this thing, with the exception of cases established by Art. 793. The owner of any right is considered to be the person who uses those permissions that are opened by the corresponding right.
Article 791.
If, by virtue of a transaction, the owner transfers a thing to another person with the right to temporarily retain it as a usufructuary, lessee, secured creditor, custodian, or on another similar basis, then both entities are the owners of the thing. The one who owns a thing by right of ownership has original possession, and the other subject has derivative possession.
Article 792.
If a thing is stolen, the one who has the original possession has the right to demand its return to the derivative owner. If the derivative owner does not have the right or does not want to reclaim the thing, then the original owner has the right to demand the transfer of ownership of the thing to himself.
Article 793.
If any person has in his power any thing on the basis of a relationship of subordination to the owner of this thing and holds this thing in favor of the owner, carrying out his orders and instructions, then such a person is not recognized as the owner.
Article 794.
Only such things and rights have the right to be in possession that have the possibility of being the object of appropriation.
Article 798.
The presence of possession gives rise to a presumption in relation to the owner that he has ownership rights. Anyone who owns on the basis of a right of obligation or a right of rem other than the right of ownership is not presumed to be the owner.
Article 799.
The owner of a lost or stolen movable thing does not have the right to demand this thing free of charge from a third party who acquired this thing in good faith at a public auction or from a merchant who regularly sells similar goods on the public market. Claiming a thing is allowed only if the purchase price is paid to the bona fide owner. The person who has claimed the thing has the right to recover from the seller the losses incurred.
Article 803.
Any owner is restored to possession or receives other necessary protection against persons who do not have a better right of ownership than him.
The best possession is that which is based on a legal basis; In relation to real estate, the best property is the one registered in the property register. In the absence of legal grounds or in the case of equal legal grounds, the possession that arose earlier is considered better.
If the ownership of each of the applicants seems doubtful, then the thing is transferred to storage until the question of who owns the property is resolved.
Article 804.
A person unlawfully deprived of possession has the right to demand restoration of possession only within a period of one year from the date of violation.
Article 806.
A bona fide owner is one who has taken possession by virtue of a legal basis sufficient to acquire the right of ownership. In addition, a bona fide owner is one who is unaware of the defects in the legal basis of his ownership that prevent him from acquiring the right of ownership.
An owner in bad faith is one who takes possession without any legal basis; In addition, an unscrupulous owner is one who knows about the presence of such defects in the legal basis of his ownership that prevent him from acquiring the right of ownership.
Article 826.
The right to a thing, due to the prescription of its possession, gives rise only to such possession that is acquired and exercised by a person as the owner of the thing.
TITLE FOUR. ABOUT THE PROPERTY
CHAPTER 1. GENERAL PROVISIONS
Article 830.
The owner of a thing has the right to use and dispose of it within the limits established by law.
Article 831.
Property cannot be taken from the owner against his will, except for reasons of public benefit and subject to payment of compensation.
Article 833.
The federal government has the right to expropriate from private individuals things that, on the basis of a special law, will be recognized as outstanding works of national culture.
Article 836.
Public authorities have the right, for compensation, to occupy private property, damage it or even destroy it, if this is required to prevent or reduce the danger of a public disaster or to carry out work of obvious public benefit.
Article 838.
The owner of the land does not own the minerals and substances named in the fourth paragraph of Art. 27 of the Political Constitution of the United Mexican States, and also the waters that are the property of the nation by virtue of the fifth paragraph of the same article of the Constitution.
Article 840.
In addition, the exercise of property rights is not allowed, which only causes harm to third parties and does not entail any benefit for the owner himself.
BOOK THREE. ABOUT INHERITANCE
TITLE FIRST. PRELIMINARY PROVISIONS
Article 1281.
Inheritance is succession in relation to all the things of the deceased and in all his rights and obligations, which do not cease with the death of the testator.
Article 1282.
Inheritance is based on the will of the testator or on the instructions of the law.
Article 1283.
The testator has the right to dispose of all or part of his property. That part of the property in respect of which the testator did not leave a testamentary disposition is subject to the regulation of the provisions on inheritance by law.
TITLE FOUR. ABOUT LEGAL INHERITANCE
CHAPTER 1. GENERAL PROVISIONS
Article 1602.
Have the right to inherit by law:
1. Descendants, spouse, ascendants and collateral relatives up to and including the fourth degree of kinship, and in certain cases concubine.
2. In the absence of the above persons, public charity organizations will inherit.
Article 1603.
Kinship relations based on property do not give rise to the right of inheritance by law.
Article 1604.
Persons of a closer degree of kinship exclude more distant relatives from inheritance, with the exception of the cases specified in Art. 1609.
Article 1605.
Relatives of the same degree inherit in equal shares.
CHAPTER 2. ABOUT INHERITANCE OF DESCENT RELATIVES
Article 1608.
If children are considered heirs together with the surviving spouse, then the surviving spouse is entitled to a share equal to the share of one child of the testator, taking into account the provisions of Art. 1624.
Article 1609.
If the heirs are children and descendants of a subsequent degree of kinship, then the inheritance is divided into equal shares in such a quantity that for each of the children there is one share and one share for all descendants of the same degree of kinship.
Article 1611.
If after the death of the parents their children and ascending relatives are left behind, then the latter have the right only to receive alimony, the amount of which for no reason can exceed the share due to one child.
CHAPTER 3. ABOUT THE INHERITANCE OF ASCENDING RELATIVES
Article 1615.
In the absence of descendant relatives and a surviving spouse, the father and mother of the testator are called upon to inherit, and inherit in equal shares.
CHAPTER 4. ABOUT INHERITANCE BY A SURVIVING SPOUSE
Article 1624.
The surviving spouse participating in the inheritance together with descendants has the right to the share due to one child of the testator, provided that at the time of opening of the inheritance this spouse does not have his own property or if his own property in value terms is less than the share that is due to each child of the testator.
Article 1625.
If at the time of opening the inheritance the surviving spouse does not have his own property, then he has the right to register in full the share specified in the previous article. If the surviving spouse has certain property of his own, then he has the right to inherit only to the extent necessary to equalize in value terms the share of the testator’s child with the share of his own property.
Article 1626.
If the surviving spouse participates in the inheritance together with the ascending testators, then the inheritance is divided into two equal shares, one of which is due to the surviving spouse, and the second to the ascending relatives.
Article 1627.
If the surviving spouse participates in the inheritance along with the testator's brothers and sisters, then the surviving spouse is entitled to a share of two-thirds of the estate, and the remaining third is due to the brother or sister, or brothers and sisters, who divide this share equally among themselves.
Article 1628.
The surviving spouse has the right to acquire the shares specified in Art. 1626 – 1627, regardless of whether he had his own property.
Article 1629.
If there are no descendants or ascendants or brothers or sisters of the testator, the surviving spouse inherits all the property.
CHAPTER 6. ABOUT THE INHERITANCE OF CONCUBINE
Article 1635.
A woman who lived together with the testator as her husband during the last five years of his life or who has children from cohabitation with him has the right to inherit, provided that both the woman and the testator were not married during the period of their cohabitation. Inheritance is carried out according to the following rules:
1. If a concubina participates in the inheritance along with children common to the testator, then the rules of Art. 1624 and 1625.
2. If a concubina participates in the inheritance along with descendants of only one testator, then she has the right to receive half of the share that is due to the son or daughter of the testator.
3. If the concubina participates in the inheritance along with their children in common with the testator and the testator’s children from another woman, then the concubina has the right to formalize two-thirds of the share that is due to the son or daughter of the testator.
4. If a concubine inherits along with the ascending relatives of the testator, then she has the right to a share in the amount of one-fourth of the entire inheritance.
5. If a concubine inherits along with the lateral relatives of the testator within the fourth degree of kinship, then she has the right to a share in the amount of one third of the entire inheritance.
6. If the testator does not have descendants and ascendants, a surviving spouse or collateral relatives within the fourth degree of kinship, then half of the inheritance mass is due to the concubine, and the other half to the Public Charity organization.
In the cases specified in paragraphs. 2, 3 and 4 of this article, the rules established in Art. 1624 and 1625, if the concubine has her own property.
If the testator was in cohabitation with several women under the requirements specified at the beginning of this article, then none of these women has the right to inherit after the deceased cohabitant.
CHAPTER 7. ABOUT ESCAPEABLE PROPERTY
Article 1636.
In the absence of heirs named in the previous chapters, the inheritance mass passes to the organization of Public Charity.
BOOK FOUR. ABOUT OBLIGATIONS
PART ONE. ABOUT OBLIGATIONS IN GENERAL
TITLE FIRST. SOURCES OF LIABILITY
CHAPTER 1. CONTRACTS
Article 1792.
An agreement is a decision between two or more persons aimed at creating, changing or terminating obligations.
Article 1793.
Agreements that create or modify duties and rights are called contracts.
Article 1794.
For the contract to exist you will need:
1. Consent of the parties.
2. Subject of the agreement.
Article 1795.
Agreements may be invalid due to:
1. Incapacity of one or all parties.
2. Defects in the consent of the parties.
3. Illegality of the object or purpose.
4. Failure to comply with the form of contract required by law.
Article 1796.
An agreement is considered concluded from the moment an agreement is reached, except in cases where the agreement must be in the form prescribed by law. From the moment of conclusion, the contract obliges the parties not only to fulfill the express terms, but also to everything that, due to the nature of the contract, corresponds to good morals, customs or law.
Article 1833.
If the law requires a certain form for concluding a contract, then failure to comply with this form entails the invalidity of the contract, except in cases established by the law itself.
Article 1834.
If the law requires a contract to be concluded in writing, then the contract document must be signed by all parties.
If one of the parties to the contract cannot or does not know how to sign, then, at his request, the contract is signed for him by another party, and the fingerprint of the person who was unable to sign is placed on the document.
CHAPTER 2. ABOUT UNILATERAL EXPRESSION OF WILL
Article 1860.
An offer of any goods for a certain price made to the general public obliges the offeror to the extent of the content of the offer made.
Article 1861.
Anyone who, through announcements and offers to the general public, promises a reward to someone who fulfills a certain condition or provides a certain service is obliged to fulfill what he promised.
Article 1863.
The offeror has the right to withdraw his offer until the reward for which he is promised is fulfilled. The withdrawal of the offer must be made in the same form in which the offer was made.
In this case, the one who proves that he incurred expenses in order to fulfill what is required in the revoked offer has the right to demand reimbursement of these expenses from the offeror.
CHAPTER 3. ABOUT ILLEGAL ENRICHMENT
Article 1882.
Anyone who wrongfully obtains enrichment to the detriment of another person is obliged to pay compensation to the victim in the amount of his enrichment.
Article 1885.
If a person who has received a thing unreasonably and in bad faith alienates this thing to another person, who is also acting in bad faith, then the owner of the thing has the right to vindicate the thing and recover damages from any of the named persons.
Article 1886.
If the third party to whom the thing was alienated acted in good faith when acquiring it, then the thing can be vindicated only if it was alienated to a bona fide person free of charge.
Article 1893.
A claim for the return of an unobligatedly received item must be brought within one year from the moment when it became known about the error that served as the basis for improper performance. The fact that five years have elapsed from the date of improper performance entails the loss of the right to demand the return of what was performed.
Article 1894.
Anyone who has fulfilled an obligation for which the statute of limitations has expired, or has fulfilled a moral obligation, has no right to demand the return of what was performed.
CHAPTER 4. ABOUT CONDUCTING OTHER OWN BUSINESSES
Article 1896.
If any person, without instructions and without being obliged in any other way, entrusts himself with the conduct of the affairs of another person, then he is obliged to act on the basis of the interests of the person whose affairs are being conducted.
Article 1899.
If business is conducted clearly or presumably against the will of the owner, then the manager is obliged to compensate the owner for all losses incurred during the conduct of business, even if the manager did not make any mistakes.
Article 1902.
The manager is obliged to inform the owner as early as possible about the conduct of his affairs and wait for his decision, except in cases where delay may entail danger for these affairs.
If it is impossible to notify the owner, then the manager is obliged to continue conducting business until its final completion.
Article 1904.
The owner is obliged to reimburse the manager for his expenses that were necessary to conduct the relevant affairs, however, he is not obliged to pay remuneration for the work done.
CHAPTER 5. ABOUT OBLIGATIONS RESULTING FROM ILLEGAL ACTIONS
Article 1910.
If someone, acting illegally or contrary to good morals, causes harm to another person, then he is obliged to compensate the victim for the harm caused. The person who caused the harm does not bear this obligation if he proves that the harm occurred due to the intent or gross negligence of the victim.
Article 1912.
If someone, in the exercise of his right, causes harm to another person, then the person who caused the harm has an obligation to compensate for the damage if it is proven that the right was exercised only for the purpose of causing harm and did not entail any benefit for the holder of the right.
Article 1913.
If someone causes harm when using mechanisms, tools, apparatus or substances that are dangerous in themselves or are dangerous due to the speed that they develop due to their explosion or flammability, due to the presence of electric current in them or due to other similar reasons, then the person who caused the harm is obliged to compensate for the harm, even if he did not act illegally. The person who caused the harm is not liable if it is proven that the harm arose due to the intent or gross negligence of the victim.
Article 1915.
Compensation for harm should consist of restoring the original state that preceded the harm, and if this is not possible, recovery of damages caused.
Article 1916.
In favor of the victim of an illegal action or in favor of his family in the event of the death of the victim, in addition to damages, the court has the right to recover from the person who caused the harm, in addition, fair compensation for moral damage suffered. The amount of this compensation should not exceed one third of the amount of damages.
Article 1934.
The statute of limitations for claims for damages is two years from the date of injury.