Addition of lease to the CFC.
In recent days, the draft Decree on the addition to the Federal Civil Code, which adds a second paragraph to articles 2431 and 2432, on the subject of leasing, was published.
As mentioned, since the health authority ordered the temporary suspension of activities considered to be non-essential in the public, private and social sectors, many companies found it necessary to stop operations and stop using their facilities, which could be construed as a case of chance or force majeure.
Given this scenario, many doubts have arisen as to how to proceed with regard to payments and leases for the properties in which the affected businesses are located. The fact is that one of the most severe effects of the health crisis has been the impossibility of people paying rent or rental of real estate, either for the type of activity to which they are engaged, for the loss or suspension of their employment or for the reduction of their salary, among other reasons.
Therefore, on 20 May 2020, Senator Ricardo Monreal Ávila member of the Parliamentary Group of Morena presented to the Senate of the Republic an initiative that proposes to establish that in case of health emergency due to force majeure issued by the competent authority the parties may agree to exemption or payment not exceeding half of the amount of the monthly income or payment of half and up to 75% of the amount of the monthly income; which was turned over to the United Justice and Legislative Studies Commissions of the Senate for discussion and approval.
Finally, we share a comparative table showing the addition to the second paragraph of articles 2431 and 2432 of the Federal Civil Code, on the subject of leasing:
In Bandala | Díaz | García we are waiting for any update in the legal field of our country to have you always well informed.