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Asesoría en Línea - Despacho de Abogados

Civil Law

Civil Law, lawyer firms in Mexico Are you filing for divorce?
Would you like to write your will?
Did someone file a law suit against you and you don't know what to do?
Is your alimony an issue?
Do you know what type of agreement you need to have in place to rent your property?

Whether you are doing business or taking part in a private, business, commercial or official relationship between private parties (i.e. individuals or entities such as a partnership, business corporation, etc), you will need to abide by the principles and set of legal rules of Civil Law. The Civil Law governs the most basic and day-to-day doings of all individuals as such, in their relationships with others and with the State - when carriying out activities as a legal person - and whenever the purpose of those relationships is to satisfy basic human needs.

All of these relationships are governed by the Civil Code.

Our team of professional experts will guide you through all of those situations involving Civil Law, Family Law, or involving your family, estate, obligations, contractual relationships, and conveyance of assets.

Our services in this area of practice include:

Family its personal relationships and estate.
Divorce cases: voluntary, necessary. Termination of joint ownership of marriage property.
Filings concerning voluntary jurisdiction, child support, judicial deposit of maintenance allowance.
Personal Estate.
Rights and obligations involved in personal loans.
Wills.
Testamentary and Intestate Successions.
Hereditary Successions.
Law suits involving contractual obligations.

We can provide counsel in the following practice areas:

Civil Matters. Law suits involving default, non-apparent property defects, repossession, property recovery.
Family Law. Consulting on issues associated with marriage, the marriage contract, the effects of marriage on persons and assets; dissolution of the marital relationship, voluntary divorce and divorce trials; biological or adopted children, kinship, legal custody and guardianship; alimony and child support.
Estate. Our expertise and consulting includes all matters relating to real rights and obligations associated with assets. We help you in your efforts to collect guaranty backed debts, eviction proceedings and mortgage claims.
Inheritance. Our attorneys offer vast experience in the legal proceedings involving inheritance where normally families and estates are involved.

Are you aware of the advantages of writing your Will?
Did you know that in Mexico you can save up to 50% if you formalize your Will in September of any given year?
Would you like to know the steps and process involved in a testamentary succession?
Who and what is involved in a testamentary succession?

The Testator, the Executor, the Heir, the Legatee, and the Inheritance

TESTATOR is the person who writes a Will.

EXECUTOR is a Testator's designee to carry on the administration, liquidation and distribution of an inheritance.

HEIR is the person appointed in a Will; also referred to as legal successor in an inheritance.

LEGATEE is an individual or entity to whom a Testator bequeaths one or more legacies, individually. A legatee inherits only certain rights and portions of an estate, and not the entire estate.

Do you know how to accept or refuse an inheritance?

There are two ways to accept an inheritance:

Pure and simple acceptance implies that the heir will not only receive the property that is part of the inheritance but will also respond personally with his or her own assets for any indebtedness associated with the accepted inheritance. This type of inheritance acceptance is not generally recommended because of its implied effects on the heir's assets.
Acceptance with benefit of inventory, whereby the heir will respond for any indebtedness associated with the inheritance only to the extent of the value of the inherited property. In other words, the heir will not respond with his or her own property for any indebtedness associated with the inheritance if the indebtedness exceeds the value of the property inherited.

Any acceptance or refusal of inheritance must refer to the entirety of the inheritance. An inheritance can not be accepted or refused only partially.

A refusal of an inheritance must be specifically stated and be certified by a "notario público".

Were you aware that writing your Will facilitates the process that your heirs will need to complete? Let us assist you in your Testamentary Succession and in your filings with the "notario público".

The process consists of three basic stages:

FIRST is the acceptance of inheritance, the acknowledgment of the hereditary right, and the acceptance of the appointment of Executor.
SECOND, the inventory and appraisals.
THIRD, the adjudication of the property.

Properly handled, a testamentary succession before a "notario público" can be completed within no more than four to six months plus the time allowed for the proper recordation.

LEASE AGREEMENTS AND THEIR TAX IMPLICATIONS

Lessor's Taxes

If you rent out or sublet any real property such as a retail location, warehouse, office space, buildings, a home or land, you must be a registered taxpayer and pay property lease taxes to the Mexican tax authorities (SAT).

Some of the things you will need to do include:

Get RENT RECEIPTS printed and write one for every payment that your receive (all rent receipts need to meet all of the requirements of law including the lessor's name, registered address and tax identification number ("RFC"), as well as the date when they were printed, property identification account number, etc).
Obtain receipts ("facturas") for all the money that you spend (expenditures).
File monthly and annual tax declarations.
Meet all of your other tax obligations.

Consulting in Commercial Businesses

Are you thinking of starting a new business?
Would you like to enjoy legal certainty while you run business?
Do you need a distribution, agency fee or joint-venture agreement?

Our legal consultants specialize on business partnerships. They know everything that is considered an act of commerce under the Code of Commerce, the rights and obligations involved in those acts, and about the resolution of disputes that may arise from them. You can be certain that the consulting that you will receive will be of the highest quality and supported by our vast experience and professional training.

This side of our legal consulting is directed to you if you are looking to organize a corporation, prepare your corporate by-laws, and insure legal certainty for your activities and contractual relationships with third parties.

Let us provide you the proper legal service. Whether you are planning to start a business or become part of an existing private, business or public partnership, corporation or company, there is a set of principles and legal rules that govern the most basic and day-to-day doings of all individuals as such and in their relationships with others and with the State.

Mexico Lawyers Firm will also provide consulting on the Commercial Norms that are governed by Mexico's Code of Commerce. These norms represent the legal framework under which commerce takes place in Mexico. Even private citizens who are not doing business are subject to this set of norms. This area of practice is directed to corporations, their organization and by-laws, their business activities and their contractual relationships with others.

Our law firm understands that business and commercial activities are ever evolving. This is why we also understand that we must to be able to adapt to the needs of our Clients, the changes that occur in the marketplace and in the community in general. E-commerce is a clear example of that evolution.

With Mexico Lawyers Firm you will find legal advise concerning:

Resolution of disputes arising out of all business activities.
Resolution of disputes arising out of the relationship between persons or entities in an ever changing business environment.
How to structure a modern business organization, prepare its charter of incorporation and corporate by-laws.
Consulting about all of the legal instruments (contracts and agreements) that you will need while in pursuit of business transactions.
Analysis of tax rules.

Do you know what type of document you need to draw when you start your new business?

Before you start your new business you will need to identify whether or not there is the need to form a corporation and whether you will need to create a business or civil corporation. Whichever one of them it is, it will be useful throughout your life as an entrepreneur; hence the importance of this decision.

Do you own a company but are not sure how to handle its legal side? Let our corporate legal firm assist you.

Charter of incorporation.
Minutes of Proceedings of Shareholders' Meetings.
Resolutions to increase/reduce corporate capital.
Mergers.
Reorganizations.