Civil Law Services
Our team is dedicated to protect our clients, always acting in the best interest of our clients to defend their rights and assets in Mexico.
SERVICES INCLUDE:
>> Property Encroachment
>> Condominium Law Disputes
>> Lease Disputes: These refer to disagreements between landlords and tenants over matters like rent payment, property damage, security deposit returns, and facility maintenance, among other issues.
>> Insurance Claims
>> Mortgage/Loan Recovery
>> Contract Disputes
>> Trademark Protection and Commercial Disputes
>> Merger and Division of Property
>> Shareholder Disputes
Property Encroachment
An encroachment occurs when there is an unauthorized extension or construction, which could include plant growth, onto adjacent property either above or below ground level.
To address an encroachment, individuals might opt for solutions such as discussing the issue amicably with the neighbor, formalizing the acquisition of the involved land parcel, or seeking legal intervention for corrective action.
Condominium Regime and Law Disputes
The condominium regime delineates the development's rules, regulations, and legal specifics, including details on property units and communal areas, along with necessary permits, licenses, blueprints, and appraisals. It also outlines procedures for fee collections, fund reserves, committee elections, and assembly conduct, encompassing amendments to the bylaws and regulations for common areas. Moreover, it specifies owner rights, responsibilities, and their respective shares in common property, which influence voting rights and expense distribution during assemblies..
Mortgage/Loan Recovery
Initiating a lawsuit for debt. Legal actions begin with the submission of a Statement of Claim, where the creditor formally launches proceedings against the debtor. For secured debts, the creditor cannot action the security interest without a judicial order.
Conversely, unsecured creditors have the authority to confiscate the debtor's assets as a precaution for a potential future court-ordered financial judgment. Following the finalization of the judgment, the court will authorize the sale of the confiscated collateral or asset, utilizing the proceeds to settle the debt.
Contract Disputes
CONTRACT VIOLATION
Disputes over contracts often arise when there's a breach, where one party fails to uphold their end of the agreement as stipulated. Contract breaches can be categorized as:
>> Major breach: This occurs when one party fails to fulfill their responsibilities, rendering the contract unrectifiable. The aggrieved party is entitled to sue for damages.
>> Minor breach: Also known as an immaterial breach, this doesn't alter the contract's central obligations. Despite a minor breach, both parties are required to adhere to the contract terms, but the non-breaching party may seek legal recourse for damages. This kind of breach can happen due to non-performance, sub-standard performance, or delayed fulfillment of the contract terms.
