Iuris Consulto comment

Leasing Contract

 in 

Times of Pandemic

* Leasing in sanitary emergency
* The pandemic has not only affected public health, but also the economy in all its aspects, acknowledged the civil magistrate Elfego Bautista Pardo, in his analysis.

BLAS A. BUENDÍA
Free Lance Reporter
Courtesy
 
KARL NOVO
Editor

El Corredor Informativo news agency. Mexico City.- Civil magistrate Elfego Bautista Pardo comments on the “tenant theology” that in times of pandemic, the Superior Court of Justice of Mexico City has received a workload due to the diversity of matters that individuals promote against of its tenants who have been forced to demand truces to settle their commitments.

In his space Así es Derecho, the lawyer from the state of Hidalgo, explains the framework in this way, pointing out that a lease contract is enough by itself to demonstrate the action and to prove the right to demand before a judicial authority the termination of the contract, the payment of the rents and the vacancy and delivery of the leased property.

In terms of the provisions of article 2398 of the Civil Code, there is leasing when a person - called the lessor - grants another - called the tenant - the use or temporary enjoyment of something, in exchange for the payment of a certain price (determined amount); in such a way that the actions that derive from said contract are of a personal nature.

In order to enforce these actions, it is not necessary to prove the ownership of the leased asset, nor the authorization of the owner who empowers it to lease it; It is enough to demonstrate the conclusion of the lease and to be the owner of the rights it protects, that is, to be the landlord, a quality that derives from the contract itself, so the person who holds himself as such in a lawsuit, must only demonstrate the existence contract so that it is considered legitimate to exercise the action it intends, by virtue of the fact that it is of a personal nature and not real.

Now, when the tenant refrains from fully complying with his obligation to pay the rent in the form and terms agreed in the lease, the proceeding is to order him to pay them, as well as to vacate and deliver the leased property. , and in many cases to the launching and execution of the assets that were preemptively seized at the time of placing it on trial.

However, article 2431 of the Civil Code for the Federal District, applicable to Mexico City, provides guidelines regarding the breach of rental obligations due to fortuitous causes or force majeure, a precept that, based on a teleological interpretation , It is applicable to the circumstances that we are currently experiencing due to the SARS-CoV2 (Covid-19) pandemic, in order to protect the human right to a health emergency.

In this regard, Judge Elfego Bautista highlighted that the Third Collegiate Court in Civil Matters of the First Circuit has already ruled on Complaint 150/2020, which gave rise to Thesis: I.3o.C.435 C (10a .), noting that by suspending the obligations (of the lessee) and rights (of the lessor), it is possible to prevent the execution of the demand for payment of rents and the preventive lien in a real estate lease dispute for debts generated during the period of the pandemic.

The above -explains- is relevant because the pandemic has not only affected public health, but also the economy in all its aspects, it has left many people without economic resources to face it and make expenses that were usual, that is, it caused health losses , of lives and economic destabilization; But the emergency or exception measures should not be used as an excuse to violate other human rights, so a due weighting of these consequences should be carried out.

Thus, and while the pandemic lasts, if it is verified that the non-payment of rents is due to the lack of economic income due to that evil, the request for payment and the preventive embargo that is required or has been required in a controversy must be suspended. lease, concluded the judge member of the Fifth Civil Chamber, Third Presentation, of the Superior Court of Justice of Mexico City.

PRESENTATION OF THE BOOK

BOOK THEORY AND PRACTICE

OF THE  PROTECTION TRIAL

 

• The president of the PJCDMX, magistrate Rafael Guerra Álvarez, led the virtual act, in which he said that the work promises to become the “formulary” of the amparo trial in Mexico

• The Minister of the Supreme Court of Justice of the Nation, Juan Luis González Alcántara Carrancá, former president of the capital's judicial body and coordinator of the book, participated in the event.

BLAS A. BUENDÍA

Free Lance Reporter

Courtesy

JUAN CARLOS MARTINEZ

Editor of El Corredor Informativo

The president of the Judicial Power of Mexico City (PJCDMX), magistrate Rafael Guerra Álvarez, led the presentation of the book Theory and Practice of the Amparo Trial, a work coordinated by the Minister of the Supreme Court of Justice of the Nation, Juan Luis González Alcántara Carrancá, and former president of the capital's judicial body at the beginning of this century.

During the virtual act, Guerra Álvarez stated that the book promises to become the "vademecum" of the amparo trial in Mexico, and specified that this is so given that its etymology means "goes with me."

"In other words, it is a guide for the practitioner, easy to use, for immediate consultation, with notions and fundamental information that elevate daily practice," the magistrate explained in the virtual presentation ceremony.

With the presence of Minister González Alcántara Carrancá and the president of the Constitutional Chamber of the PJCDMX, Judge Javier Raúl Ayala Casillas, Guerra Álvarez stressed that the work presented has the merit of combining the best of public service, the judicial career and academic rigor.

Composed of texts authored by the secretaries of Study and Account of the highest court of the country and academics, the magistrate emphasized that all of them are living testimony of the most deeply rooted traditions of the Judicial Power: specialization, professionalism and loyalty to the nation.

He also highlighted the fact that Theory and Practice of the Amparo Trial is illustrated with diagrams, since these serve to enrich the understanding of the topics discussed.

“The practical aspect, which incidentally was recognized with the name Theory and practice of the amparo trial, is manifested in two aspects: the first, with the practical cases that some authors raise, and that lead to the field of doing what which represents the amparo trial; and the second, the incorporation of theses and jurisprudence ”, he commented.

The also president of the local Judicial Council congratulated the coordinators of the work for achieving continuity and consistency throughout the book, thereby demonstrating the powerful synergy of dogmatic and jurisdictional work.

On his occasion, Minister González Alcántara Carranca stressed that the book was released thanks to the "extraordinary work" in editorial matters of the PJCDMX, through its General Directorate of Annals of Jurisprudence and Judicial Bulletin.

He explained that the text aims to explain, from a comprehensive perspective, the various theoretical and practical elements that articulate the amparo trial in its two ways: direct and indirect, as well as the various special resources that allow to provide full efficiency to its fundamental objectives , the protection of human rights and the preservation of constitutional supremacy.

In turn, Judge Ayala Casillas commented that it had been a long time since a work had appeared that in such a methodical way dealt with the current situation of the quintessential Mexican trial: that of amparo.

Although, he said, every year there are works left and right, commented, medical records and detailed analyzes, they do not delve into the legal singularities of the matter. Likewise, he highlighted that Theory and Practice of the Amparo Trial has an architecture designed by lawyers and experts trained not only in legal science, but also in daily practice.

The remote presentation was moderated by the general director of Anales de Jurisprudencia y Boletín Judicial del PJCDMX, Raciel Garrido Maldonado, and included the comments of the co-authors Montserrat Cid Cabello and Víctor Manuel Rocha Mercado.

Complaint!

FGJCDMX Attempts to Disprove Crimes of Criminal Organization "Institutional"

Seven Years of Investigation of 

Garbage: Juan Carlos Martínez, Journalist

· The phrase "sentimental relations" between the complainant and the accused was to distort the consignments.

· Raymundo Collins used it a lot, for his spoil, with impunity.
· With this, the Prosecutor's Office tries to minimize crimes.
 
BLAS A. BUENDÍA *

Cortesia

Mexico City.- Seven years of constant investigations thrown away, commented Juan Carlos Martínez, a journalist specialized in culture and fine arts and a doctor of law, when he was denied a study of the merits of his preliminary investigation for various crimes that he denounced .
The Office of the Prosecutor for Processes in Non-Serious Crimes Courts has to report to the Attorney General's Office of Mexico City (FGJCM), in charge of Ernestina Godoy Ramos, who refuses to carry out a detailed study to get those involved in various crimes.
The complaint was filed in March 2014 with the then Attorney General of the Federal District, for the crimes of dispossession of the commercial premises located at Calle de Doctor Rio de la Loza 234-1, Colonia Doctores, Cuauhtémoc Mayor's Office, the theft of his partners: works of art: a Madonna from the 18th century, with a value of 200 thousand pesos, a collection of various engravings by José Guadalupe Posadas from the late 19th century, contemporary works by magnificent painters and engravers, Mexican and foreign, as well as sculptures of his authorship "Ecstasy of Santa Teresa", a reinterpretation of Gian Lorenzo Bernini, with a value of more than 200 thousand pesos.
She also denounced the theft from her library of more than a thousand books, many of them signed by friends like Carlos Monsiváis, Leonora Carrington, Carlos Fuentes, to name a few; Also imputing various crimes to the Mexico City Housing Institute (INVICM) in charge of the then head Raymundo Collins, (who by the way the government of Mexico City, seeks to issue a red card before Interpol, so far without success ), as well as the illegal detention suffered by the sculptor by elements of the Ministry of Public Security.

The crimes mentioned by the prosecution are not serious; However, as a specialist in the matter, I consider that they are of "institutional" organized crime, since for the threats, dispossession, robbery, abuse of authority and illegal retention of liberty, they were carried out by more than three people.
This study is lazy and full of political overtones, the attorney general has to know - said the intellectual - is full of anomalies, because in its resolution it says that "not finding sufficient elements to consign those responsible".
It is important to mention that the amount of the stolen is serious, since objects of value were stolen for the amount of 700 thousand pesos, not counting the moral and psychological damage.
It is worth mentioning that it is in the Investigation Unit of Delays without Detainee, with the preliminary investigation number FCH / CUH-8 T1 / 1102 / 14-03, with seven years of investigation in which they try to minimize the crimes committed by public servants While the prosecution tries to handle a “situation of a sentimental relationship” between one of the unpaid women and the sculptor, when it is totally false, since as of the threats on March 14, 2014, there was no longer even an employment relationship; because the property was owned by the journalist and his brother.
It is important to note that this tactic of "sentimental relationships" is already very worn out because INVI officials and the prosecution itself are using it to demerit an investigation that has lasted many years and that served a lot to deprive people of their properties.

Free Lance Reporter *
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