What Is a Promissory Note and What Is It For?

A promissory note is essentially a written promise to pay someone. It is a legal lending note by which a person unconditionally agrees to pay another a specified sum of money, in a specific place, on a certain date. 

As essential requirements, the law establishes that a promissory note must contain: i) the mention of being a promissory note inserted in the text of the document; ii) the unconditional promise to pay a specified sum of money; iii) the name of the person to whom the payment is to be made; iv) the time and place of payment; v) the date and place in which the document is signed; and vi) the signature of the borrower or the person signing on their behalf. 

A promissory note is used for mortgages, student loans, car loans, business loans, and personal loans between family and friends. It is highly encouraged to use a promissory note if you are lending a large amount of money to someone or a business as it will serve as legal record of the loan and will protect you. If the borrower does not comply with the payment on the date and place established in the promissory note, the lender may initiate a commercial executive procedure to obtain its collection.

At Íntegro Legal Consultores, we have specialized in advising our clients to prevent and avoid their credit or loan operations from becoming uncollectible. If you have questions or require information related to this matter, please contact us at info@integrolegal.com.

What Did the Supreme Court Decide Regarding Abortion?

The Supreme Court determined that it is unconstitutional to criminalize abortion in an absolute way. The Court spoke in favor of the right of women and pregnant people to decide, without facing criminal consequences. The articles that criminalized abortion in Coahuila were expelled from that law (they will no longer exist).

Mauro Arturo Rivera (2021) explains that the effect is similar to if the legislator had repealed the crime since the conduct is no longer punishable. There is no basis to maintain the deprivation of liberty. People who have been sentenced in Coahuila will get their freedom but not so in states where the crime is formally punishable. The criteria of the Court are mandatory for all judges in Mexico, hence, if there are people in process, they can request that a constitutional control be exercised on the criminal type of abortion, either by incident or through a trial of amparo (@MauroArturo).

Abortion is a crime in other states (with the exception of CDMX, Oaxaca, Hidalgo, Veracruz and Coahuila). The Court did not force Congresses to eliminate abortion. If a Congress decides to take this criterion to eliminate the criminal type of abortion, it will do so because it wants to.

This publication is not an opinion on religious, moral, or ethical issues. We are simply trying to explain the legal effects.

If you have questions or require information related to this matter, please contact us at info@integrolegal.com.

Leasing and Its Intricacies

Leasing is when two contracting parties mutually oblige: one, to grant the use or temporary enjoyment of a thing and two, to pay a certain price for that use or enjoyment. 

A lease must always be in writing. All assets that can be used without being consumed are susceptible to leasing, with the exception of those prohibited by law. 

Those who enter a lease must have the legal capacity to do so. Among the main requirements that a leasing agreement must have are: names of the contracting parties, start and termination date of the lease, rental fee, place and date of payment, amount of security deposit, the parties’ responsibilities, causes for termination, addresses of both parties, and signature of both parties.

If you have questions or require information related to this matter, please contact us at info@integrolegal.com. 

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution is a fundamental right enshrined in article 17 of the Constitution. In 2008 it was incorporated into the Constitution as a means of access to justice through dialogue and understanding. ADR refers to any means of settling disputes outside of the courtroom. 

Claudia Villavicencio (2020) explains that ADR is a real alternative to access a different justice that comes from the people. Mediation, arbitration, and negotiation allow parties to understand each other’s positions in a collaborative way. ADR is the space that is opened, so that with the support of an expert, the parties can dialogue, express themselves and put everything on the table to understand each other and possibly reach an agreement without the need of litigation.

The guiding principles of ADR are consent, honesty, verbal communication, neutrality, legality, fairness, impartiality, confidentiality, and voluntariness. The main goal of conciliation process is to change the spirits of those who are opposed to each other, and the mediators assist the parties and propose solutions to them.  

At Íntegro Legal Consultores, we seek to do things differently to achieve different results. In alternate processes, we collaborate to provide legal certainty and a real solution to our clients, but with a different approach.

If you have questions or require information related to these issues, please contact us at info@integrolegal.com.

Who Can Inherit?

With the exception of the causes established in the law, any person of any age has the right to inherit. The author of the will is free to leave people, institutions, associations, or even classes, such as the poor, orphans, blind, etc. as heirs or beneficiaries. They are also free to entrust another person to choose charities or public establishments in need to which the assets must be destined.

When a person dies and there is no will, it is called dying “intestate.” When that happens, no potential heirs have any say over who gets the assets and the estate goes into probate. This is a legal process in which probate court uses the laws of the state to decide who inherits what.

There are various rules for the transmission and acceptance of an inheritance. All the provisions relating to the way it must be distributed are established in the Civil Code. It is always wise to have the right advice.

If you have questions or require information related to these issues, please contact us at info@integrolegal.com

What Happens to the Assets of an Inheritance?

This is a subject about which there are many doubts. These problems occur every day, in all social classes. How many times are properties not regularized during people’s lives? How many probate trials or intestates are not initiated? Who can inherit? What rights do the heirs have?

The inheritance is the set of all the assets of the deceased, their rights and obligations that are not extinguished by death and that are transmitted to their heirs or legatees. An inheritance represents the will of the testator, who can dispose of all or part of their assets in the way they decide. The will is the highest voluntary expression to whom to leave your assets to.

Did you know that the testator has no obligation to leave the property to any specific person? But what happens when the person who died does not leave a will? In these cases, the Civil Code will help us interpret what the will of the author of the succession could have been. We will be able to determine which people have the right to receive the goods that are part of the inheritance, in other words, the law will tell us who will be the first to be called to receive the inheritance.

At Íntegro Legal Consultores, we specialize in advising our clients to carry out a probate or intestate process in a calm, safe, and efficient way.

If you have questions or require information related to these issues, please contact us at info@integrolegal.com