Fideicomiso Marco Legal Mexico

We can safely assume that American “confidence” is the next precursor to our confidence. Teacher Rodolfo Batiza emphasizes: “However, the effect of translation of the assets generated by the trust cannot and should not be equated with the normal transfer of property rights, which takes place, for example, through legal figures such as purchase, exchange or decoration”; Further, the author argues that when the trust was adopted, not only was a new figure settled, but also a hitherto unknown fragmentation of property rights was imported. This respects due process and the right to go to court in case of controversy, that is, the agreement itself is valid and legal, which leaves the right of those who feel that their rights have been safely violated to go to court, and therefore one thing is the validity of the clause, and another is the validity of the procedure applied by the trustee to auction the goods. Through a trust, the testator gives the estate to a person in order to keep it and pass it on to a third party after death. Article 388 A trust whose object relates to immovable property must be registered in the heritage department of the public register of the place where the property is located. In the case of this section, the trust takes effect in respect of a third person from the date of entry in the register. This idea of emotional inheritance is clearly expressed in Article 351 LT. O.C., which provides in the second paragraph: “Property placed in trust shall be deemed to be used for the purpose for which it is intended and, consequently, only rights and actions relating to the above-mentioned object may be exercised in respect of them … ». The difficulties we have had to overcome have led us, as lawyers, to understand and correctly apply the legislation governing this institution within our means; Considerations that we will try to summarize in the following lines. It must be assumed that the trust is a legal act in the broad sense. It expresses the will of one or more persons, which has legal consequences and, in order to achieve that objective, is supported by the authorisation granted by the legal order for that purpose.

Article 1793 of the Federal Civil Code defines as a legal act agreements in the narrow sense that establish or transfer rights and obligations. If we combine the concepts described above and compare them with the concept of trust proposed in Article 381 of the General Law on Securities and Credit Transactions, we must: According to Article 392 LGTOC, the trust may terminate because its purpose has been achieved or because it is not possible to fulfil it because the condition established for its termination is met, with the agreement of the parties concerned (trustees, trustees, trustees), because the settlor decides as long as it has been established, among other things, when the trust was created. For the first time, our legislation refers to the Trust in 1924, when on 24 December the General Law on Credit Institutions and Banking Institutions was published. This law only describes the functions of trust banks and announces the special law that would regulate them. This law was published on July 17, 1926 under the name Law of Trust Banks, in which the figure is designed with the following characteristics: Article 381. Under the trust, the trustee transfers ownership or ownership of one or more property or rights to be used for specific legal purposes to a trust institution, entrusting the fulfillment of those purposes to the trust institution itself. The trust, which consists of fraud by third parties, can be challenged at any time by the interested parties for nullity. In conclusion, we would like to note that this modest book, far from exhausting any of the topics covered, aims to recall the knowledge we have acquired in the past and to motivate the reader to reconsider the basic concepts applicable to the figure of the trust and its legal provisions to this effect. A few comments.

In addition, the concept of confidence in the right of exchange has its own characteristics which are essential to the existence of trust and can only be generated by the conclusion of a contract. Some of these characteristics are as follows: Well, according to Article 381 of the General Law on Securities and Credit Operations (hereinafter LGTOC), trust is the contract by which a person transfers ownership of one or more assets (movable or immovable) or rights to be used for lawful and specific purposes.