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Political Structure

Mexico is a democracy whose current president is President Felipe Calderón.  Its basic governmental composition consists of three branches of government:  The executive branch, the legislative branch, and the judicial branch.  These act as a checks-and balance system and exists at the federal, state, and municipal levels of government:

MEXICO’S NATIONAL REAL ESTATE LAWS

If you are interested in doing any real estate transaction in Mexico it is important to consider the laws enacted in Mexico, including various national real estate laws.

  • Constitution of Mexico:  The Constitution defines the types of property in Mexico and establishes zones of restricted property. 
    • Calvo Clause: Everyone must sign this agreement which states that owners of real estate in Mexico agree to be bound by the laws of Mexico and can not seek recourse to law in their home counties.
  • Civil Code: This body of law governs a wide variety of subjects including: real and personal property, ownership, possession, easements, usufruct, statute of limitations, contracts, leases, special obligations and their effects, agency, association and companies, professional , services, credits, mortgages, and public registry of property and commerce.
  • Foreign Investment Act: This statute creates certainty for foreign investment in Mexico by providing a legal framework that establishes rules for channeling international capital to productive activities.  The Act regulates foreign corporations and their investments and also acquisitions of real estate and trusts (fideicomisos).  It also reserves specific economic activities exclusively for Mexican nationals and outlines areas reserved for State ownership or control. However, in its 1993 reform of the Act, Mexico is encouraging foreign investment by easing restrictions on foreign ownership of real estate.  The Act requires that all foreign buyers who purchase real estate in Mexico to be registered with the Secretary of Foreign Relations.  Further, the act requires that foreigners who purchase properties in restricted zones obtain a permit from the Secretary of Foreign Relations via a trustee bank.
  • General Law of National Properties: This body of law oversees property belonging to the state.
  • Notary Law and Federal Law of Public Brokerage: This body of law regulates Notarios.
  •   Condominium Law: This body of law creates regulations and standards for the operation of condominiums.
  • Public Registry (RPdeC): This Registry is the public record of property deeds. 
  • Agrarian Law (La Ley Agraria): This body of law maintains the National Agrarian Registry which oversees the disposition, use, and modification of ejido land.
  • Mercantile Code: This body of law regulates all commercial activity.
  • Tax Laws: This body of law regulates taxes.
  • General Law of Negotiable Instrument: This body of law regulates credit instruments as well as credit operations.
  • Corporation Law: This body of law regulates the formation and operation of business entities that are incorporated.

Real Estate Buyers

If you are considering purchasing land in Mexico it’s very important to get proper representation.

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