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For nine years in the late 19th century, Molina Enríquez was a notary in Mexico State, where he observed first-hand how the legal system in Porfirian Mexico was slanted in favor of large estate owners, as he dealt with large estate owners (hacendados), small holders (rancheros), and peasants who were buying, transferring, or titling land. [73]
Also, recording laws generally do not protect purchasers against real estate taxes because notice of them is usually not required to be recorded for them to be effective. Finally, certain classes of nongovernmental liens such as mechanic's liens are often made effective for a certain period of time even if they are unrecorded.
The civil law tradition was developed by, and as such the "authorities" were and continue to be, legal scholars and not judges and lawyers as in the common law tradition. [8] [9] The legal treatises produced by these scholars are called doctrine (doctrina), and are used much in the same way case law is used in the common law tradition. [8]
The law was aimed at the collective or corporate ownership of real estate. It forced 'civil or ecclesiastical institutions' to sell any land that they owned, with the tenants getting priority and generous terms for buying the land that they lived on.
Property law is characterised by a great deal of historical continuity and technical terminology. The basic distinction in common law systems is between real property (land) and personal property (chattels). Before the mid-19th century, the principles governing the transfer of real property and personal property on an intestacy were quite ...
The Lerdo Law (Spanish: Ley Lerdo) was the common name for the Confiscation of Law and Urban Ruins of the Civil and Religious Corporations of Mexico, part of La Reforma. It targeted not only property owned by the Catholic Church, but also properties held in common by indigenous communities and transferred them to private hands.
The law aimed at disentailing the collective ownership of real estate by the Roman Catholic Church and indigenous communities. It forced "civil or ecclesiastical institutions" to sell any land that they owned, with the tenants receiving priority and generous terms for purchasing the community-held land they cultivated.
When a provision of law requires that repossession takes place, the lien holder has a non-delegatable obligation not to cause a breach of the peace (which is synonymous with disturbing the peace) in performing the repossession or the repossession will be reversed, and the party ordering the repossession will be liable for damages (or the lienholder will be held responsible).