Federal Civil Code of Mexico
Introduction
The Federal Civil Code (Código Civil Federal, CCF) is the foundational codification of private law in Mexico. Originally enacted in 1928 and effective from 1932, the CCF governs civil matters at the federal level and serves as the model for state civil codes. The Code is organized into four books addressing persons, property, succession, and obligations, incorporating principles of Roman law, Spanish law, and the French Napoleonic Code.
Historical Development
The first Mexican civil code was the Civil Code of 1870 (for the Federal District and territories), replaced by the Civil Code of 1884. The current Federal Civil Code of 1928 was drafted after the Mexican Revolution to reflect the social values of the 1917 Constitution. The Code has been amended numerous times, particularly to: introduce no-fault divorce (2008); incorporate same-sex marriage (2015 jurisprudence); strengthen consumer protection; and modernize succession law.
Book One: Persons
Book One (Articles 1–744) governs: natural persons (legal capacity, status, domicile); family law (marriage, divorce, parent-child relationships, adoption, guardianship); legal persons (civil associations, civil societies); and registration of civil status. The Code establishes the legal capacity of individuals from birth, subject to restrictions for minors and persons with disabilities.
Book Two: Property
Book Two (Articles 745–1140) governs: classification of property (movable and immovable); ownership; possession; usufruct; easements; and property registration. The Code recognizes private property, communal property, and state property. Provisions address co-ownership, adverse possession (prescripción adquisitiva), and the rights and obligations of property owners.
Book Three: Succession
Book Three (Articles 1141–1793) governs: testate succession (wills, testamentary capacity, forms of wills, execution); intestate succession; forced heirship (legítimas); and executors. The Code recognizes several forms of wills, including public (open) wills, holographic wills, and private wills. Forced heirship provisions reserve a portion of the estate for certain heirs.
Book Four: Obligations
Book Four (Articles 1794–3160) governs: contracts (formation, performance, breach, remedies); quasi-contracts; torts (extracontractual liability); and prescription. The Code establishes general principles of contract law, specific contracts (sale, lease, mandate, partnership, deposit, loan, guarantee), and civil liability for fault-based and strict liability.
Conclusion
The Federal Civil Code provides the comprehensive legal framework for private law in Mexico, covering persons, property, succession, and obligations. Its structure and principles reflect the civil law tradition while incorporating social values derived from the 1917 Constitution.