The legal system in Mexico lays out precise guidelines for managing found treasures and determining who is entitled to keep them. To stay out of trouble legally and make sure the finding is treated fairly, it is imperative to be informed about these rules.
Law in Mexico pertaining to found treasures or gold coins
A secret deposit of cash, jewelry, or other valuable items with an unclear legal provenance is referred to as a treasure, according to the Federal Civil Code.
For everyone who finds a treasure, this term is essential since it provides the legal parameters that they must work inside to prevent legal issues and make sure their find is handled legally.
Knowing What the Federal Civil Code Defines as a Treasure
- Being aware of who is legally entitled to take ownership of an unearthed treasure.
- Handling the discovery in a way that conforms with Mexican legislation.
- You can make sure that your fascinating discovery is both legally sound and compliant by being familiar with these legal requirements.
This will help you negotiate the complexity with confidence.
Division of Treasure: Legal Requirements
A treasure must be equally divided between the discoverer and the property owner whether it is found on public land or on another person’s property, as stated in Article 877 of the law.
Scientific or Creative Significance
Article 878 applies where the objects found have substantial scientific or artistic worth. This article makes it clear that the country must receive such products. The country will pay a reasonable price to all parties concerned in exchange. Both the discoverer and the property owner get their fair portion of this remuneration, which is divided in accordance with Articles 876 and 877.
Requirements for Finding Treasure
It is important to remember that in order for someone to be entitled to a share under Article 879, the discovery of treasure on another person’s property must be completely unintentional.
Permissions for Excavation
Furthermore, without the owner’s permission, no one is allowed to conduct excavations or other activities on another person’s property with the goal of finding treasure, according to Article 880.
- Article 877: Property owner and discoverer share equally.
- Article 878: Works of art or science belong to the country and are compensated fairly.
- Condition of accidental discovery (Article 879).
- Article 880: Excavation requires permission.
Recognizing the Provisions of the Treasure Law
Understanding every provision of the law is essential in any treasure-related matter. The purpose of the laws is to safeguard landowners’ rights and guarantee equitable distribution in the event of a finding.
Digging Without a License
According to Article 882, if someone excavates or works on someone else’s property with the intention of locating a treasure and without the owner’s consent, they will be held accountable for any damages that result. They also have to pay for the expenses involved in returning the land to its pre-disturbance state.
Even when the lease hasn’t ended, the owner has the authority to terminate the arrangement and remove the tenant if this person is renting the land.
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Mutual Consensus Regarding Treasure Hunting
Article 883 stipulates that those interested in treasure hunting may agree on the distribution of expenses and objects found. This applies in situations when the landowner approves the activity.
The legislation requires that the costs and findings be split evenly if an earlier agreement cannot be achieved.
Article 884 of the Civil Code lays out precise rules for what occurs when a treasure is found on a property, even if property rights are sometimes complicated. It can be beneficial for usufructuaries and property owners to know these regulations so they can handle these circumstances well.
Who Retains the Treasure? Knowing Article 884
According to who finds the treasure, Article 884 specifies the regulations for treasure found on a property. The scenarios are broken down as follows:
1. The Usufructuary Discovers a Treasure: A portion of any treasure found on the property belongs to the usufructuary, the person who has the right to use it. This complies with the same rules outlined in Articles 881, 882, and 883 that apply when a stranger discovers riches on another person’s property.
2. Treasure Discovered by an Outsider: The treasure is divided between the property owner and the finder when it is discovered by someone other than the owner or the usufructuary. The usufructuary in this instance does not get any share of the riches.
3. Treasure Discovered by the Landlord: A usufructuary has no claim to any portion of a treasure found by the property owner on land they are using, as stated in Article 885. The property owner owns the entire find.
