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United States Department of State / Papers relating to the foreign relations of the United States, 1918

Mexico,   pp. 548-817 PDF (112.2 MB)

Page 817

 MEXICO 817 
granted in foreign countries shall be governed by the principles of private
international law and by the general provisions of our legislation, in view
of the fact that the regulations do not establish any modification nor create
any ruling on the subject. 
 Your excellency then inquires whether there is a typographical error in
mention of the law of November 14, 1917, made in the final part of Article
of the regulations. There actually was a typographical error, since the law
referred to in Article 12 is that of November 24, 1917. 
 Referring to Article 19 of the regulations, regarding the evidence which
may be submitted to the commission, your excellency states that the Department
of State requests it be informed as to the value and force of expert testimony
drawn up outside of Mexico, and suggests the acceptance of affidavits sworn
to before any official authorized by the laws of the United States to administer
oaths. This provision is not necessary for the reason that documentary proofs
originating abroad, which may be presented to the commission, will have the
effects prescribed by our laws and the legislation of the United States,
in harmony with the principles of private international law. 
 Article 20 of the regulations states: 
 Once the proofs and information referred to La the preceding article have
been presented and received, the record shall be placed at the disposition
of the interested party for a period of ten days, in order that he may make
a written statement of his rights. 
 In referring to the preceding article, your excellency states that the Department
of State desires to know if the words "interested party" mean the claimant
or his representative, and if the intention of the article is that claimants
residing abroad should have a representative in Mexico. It cannot be doubted
that the words "interested party" may be applied to the claimant or his representative;
and although neither the law nor the regulations provide expressly that claimants
shall have a representative in this capital, the article hereinbefore mentioned
would seem to indicate the necessity thereof, in view of the fact that the
files will be placed at the disposition of the interested party at the office
of the commission. The President concurs with the Department of State in
believing that the period of ten days prescribed in Article 20 is too~ short,
and is disposed to increase it to 60 days for the convenience of claimants.
 Article 25 of the regulations provides that in the case of companies, the
foreign nationality thereof shall be evidenced by means of duly registered
copies of protocolization documents referred to in Article 24 of the commercial
code. In reply to the inquiries made by your excellency in the premises,
I am pleased to state that the words "duly registered" mean that the legalized
instrument (testirnowlo) should be recorded in the public registry where
charters of corporations in general are always registered. Article 24 of
the commercial code says: 
 Foreign corporations which desire to become established or create suboffices
in the Republic, shall present and record in the registry, besides the legalized
instrument of the protocolization of its statutes, contracts and other documents
relating to its constitution, the inventory, or last balance sheet, if available,
and a certificate showing that they have been established and authorized
under the laws of the respective country, issued by the Minister of the Republic
accredited thereto, or, in his absence, by the Mexican Consul. 
 The preceding article states the documents which shall be presented and
recorded in the registry. For a better understanding of the foregoing articles,
I beg to transcribe below Article 18 of the commercial code which specifies
the offices in charge of the commercial registry: 
 ARTICLE 18. The commercial register shall be kept at the county or district
judicial seats wherein the merchant resides, by the offices charged with
the public registry of property; in the absence thereof, by the mortgage
* offices; and in the absence of both, by the judges of first instance. 
 Trusting that the preceding information, which I have the honor to give
to the Embassy in your worthy charge under express instructions from the
President of the Republic, will explain the question sufficiently and satisfy
s-our excellency's Government, I am pleased [etc.] 
 E. GARZA PEmu~z 

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