UNIVERSIDAD MARIANO GÁLVEZ DE GUATEMALA

FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES

AGENDA FOR EVALUATION
GENERAL PRIVATE CIVIL LAW

The individual person and the legal person: Definition, characteristics and attributes of the
person.

1. HOW MANY TYPES OF PERSONS ARE THERE: Individual Person and Legal Entity.

2. DEFINE PERSON: Any entity capable of acquiring rights and contracting obligations.

3. DEFINITION OF A LEGAL ENTITY: Any abstract entity that the law confers the
capacity to be a legal entity and to contract obligations.

4. Personality: Definition and theories that explain personality.

5. DEFINES PERSONALITY: It is the juridical investiture that the law grants to the
persons, to contract rights and obligations.

6. WHAT THEORIES ARE THERE OF PERSONALITY: a) birth theory: determines that

personality begins at birth, b) conception theory: determines that personality begins at the
moment of conception, c) viability theory: determines that personality begins when the
person is born and is born alive. d) eclectic theory: this theory is considered as mixed since it
determines that civil personality begins at birth and ends at death, however, the unborn is
considered born for everything that favors him/her as long as he/she is born in conditions of
viability.

7. WHAT THESE THEORIES OF PERSONALITY STUDY: When personality begins

8. WHICH THEORY IS ACCEPTED BY OUR LEGISLATION: The ECLECTRICAL

THEORY and its foundation is found in Art. 1 of the Code. Civil

9. WHEN PERSONALITY BEGINS: It begins with the birth of the person. Art. 1 19.
WHEN PERSONALITY ENDS: Ends with the death of the person. Art. 1

10. CLASSIFICATION OF LEGAL ENTITIES: a) legal entity under public law b) legal
entity under private law

11. DEFINE WHICH ARE THE PUBLIC LAW LEGAL ENTITIES: They are all state
institutions. Ex. Municipalities, USAC, IGSS, CONFEDE, ETC.

12. HOW PRIVATE LAW LEGAL ENTITIES ARE CLASSIFIED: a) with Public Interest b)
with Private Interest.

13. PRIVATE LEGAL ENTITIES WITH PUBLIC INTEREST: They are all foundations. Ex.
The Mirna Mac Foundation

14. HOW PRIVATE LAW ENTITIES WITH PRIVATE INTEREST ARE CLASSIFIED: a)
For-profit b) Not-for-profit
 15. WHAT ARE PRIVATE LAW ENTITIES WITH PRIVATE INTEREST AND
PROFITABLE PURPOSES: All corporations.

16. PRIVATE LEGAL ENTITIES WITH PRIVATE INTERESTS AND NON-PROFITTING

PURPOSES: All associations

17. WHAT PROCEEDS WITH REGARD TO LEGAL PERSONS:Legal persons

The civil registry will always govern the civil registry and civil partnerships will continue to be
registered with the Ministry of the Interior.

Person attributes

18. DEFINITION OF CAPACITY: It is the aptitude that people have to be subjects of rights
and to contract obligations.

19. WHAT LEGAL CAPACITY CONSISTS IN: - It is held by those of legal age 23 □ Active
subject: Reus Credendi □23.

20. DEFINITION OF CIVIL STATUS: Legal situation in which a person finds

himself/herself within society in relation to his/her rights and obligations.

Civil capacity

1. DEFINITION OF CAPACITY: It is the aptitude of a person to be a subject of law and to

contract obligations.

2. WHAT IS THE DIFFERENCE BETWEEN PERSONALITY AND CAPACITY: Personality is a

legal investiture granted by law and capacity is an aptitude that a person has. Both to be subjects of
rights and to contract obligations.

Capacity to enjoy and capacity to exercise.

3. WHAT CLASSES OF CAPACITY ARE THERE: a) capacity to enjoy b) capacity to exercise

4. WHAT IS CAPACITY OF GOODWILL: It is the one that every person has, but needs a legal
representative to represent him/her, to contract obligations.

5. WHAT IS CAPACITY TO EXERCISE: The capacity to exercise civil rights is acquired at the
age of majority, that is, when a person reaches 18 years of age, therefore he/she does not need a
legal representative, since he/she can be a subject of law and contract obligations by him/herself, as
long as he/she has not been declared in a state of interdiction.

6. WHAT IS THE DIFFERENCE BETWEEN CAPACITY OF ENJOYMENT AND CAPACITY OF

EXERCISE: It is through whom rights and obligations are exercised.

7. WHO HAS CAPACITY TO EXERCISE: ART. 8 FIRST PARAGRAPH Be of legal age and not
have been declared in a state of Interdiction.

8. RELATIVE CAPACITY: ART. 8 SECOND PARAGRAPH This is the right of certain minors to
acquire rights and contract obligations without a legal representative. Ex. A male over 16 years of
age and a female over 14 years of age, despite being minors, may marry without the need for a
legal representative. (Art. 81, 218, 259, 303, 1502, 1619)

9. DEFINES INCAPACITY: It is the full lack of capacity, which does not allow a person to enter
the legal sphere as a subject of law, being necessary to appoint a legal representative.

10. HOW DISABILITY IS DIVIDED: a) Absolute disability, art. 9 c.c. b) Relative Disability, art. 10
c.c.

11. WHAT IS ABSOLUTE DISABILITY: Absolute disability occurs when a person, despite being
of legal age, has been declared in a state of interdiction.

12. IN WHICH CASES THE STATUS OF INTERDICTION MAY BE DECLARED: a) when a

person of legal age suffers from a mental illness that deprives him/her of discernment. b) When a
person abuses alcoholic beverages and narcotics and puts his family at risk of serious economic
damage. (art. 9 c.c.)

13. WHO MAY REQUEST THE DECLARATION OF INTERDICTION: ART. a) The Office of the
Attorney General of the Nation (PGN) b) Relatives of the incapacitated person c) Persons who have
any action against the incapacitated person to file against him/her

14. THAT PRODUCES THE DECLARATION OF INTERDICTION: ART. 9 LAST PARAGRAPH

From the date on which it is established in a final judgment, absolute incapacity of the person for the
exercise of his rights, but the acts prior to such declaration may be annulled if it is proven that the
incapacity notoriously existed at the time they were verified.

15. DEFINE RELATIVE INCAPACITY: ART. 10 Refers to the fact that transient mental
disturbances

16. A PERSON SUFFERING FROM TRANSITORY MENTAL DISTURBATION CAN

CONTRACT: It depends on the moment he/she was in when he/she entered into the contract, if at
that moment he/she was suffering from disturbances the contract will be null and void, but if he/she
was not, the contract is considered valid.

The domicile:

Definition

1. WHAT IS DOMICILE: It is the territorial circumscription where a person will exercise his rights
and contract obligations.

Classification.

2. HOW WE CLASSIFY DOMICILE: a) voluntary domicile: The domicile is constituted voluntarily

by the residence in a place with intention of continuous permanence during 1 year. Art. b) multiple
domicile: if a person lives alternatively or has regular occupations in several places, he/she is
considered domiciled in any of them. Art. c) legal domicile: is the place where the law establishes
its residence for the exercise of its rights and fulfillment of its obligations. Art. d) domicile of the
legal entity: it is the one designated in the document recording its creation or, failing that, the place
where it has its administration or central offices. Art. e) contractual or special domicile: Persons, in
their contracts, may designate a special domicile for the performance of the obligations arising
 therefrom. Art. 40 23. f) ** domicile of the vagrant: a person who does not have a habitual
residence is considered domiciled in the place where he/she is. Art. g) ** tax domicile: is found in
the tax code and is the Internet or e-mail address. Tax Code.

. Difference with residence and neighborhood

3. WHAT IS THE DIFFERENCE BETWEEN DOMICILE AND RESIDENCE: a) Domicile: It is the

departmental district where a person exercises rights and contracts obligations, b) Neighborhood:
It is the municipal district where a person exercises rights and contracts obligations, c) Residence:
It is the address where a person habitually lives where a person exercises rights and contracts
obligations.

Absence:

Definition:

a. WHAT IS ABSENCE: It is the judicial declaration, which determines the legal

condition of a person, who is out of the republic or is missing.

Characteristics:

Classification:

b. WHAT ARE THE KINDS OF ABSENCE: 1.- Simple Absence and 2.

c. SIMPLE ABSENCE: It is when a person is outside the republic.

d. QUALIFIED ABSENCE: It is when a person has disappeared from his or her domicile and his
or her whereabouts are unknown.

e. DEFINITION OF ABSENT: ART. 42 An absentee is a person who is outside the republic and
has or has had his domicile there. A person who has disappeared from his or her domicile and
whose whereabouts are unknown is also considered absent for legal purposes.

Declaration of absence and its legal effects.

a. WHAT IS THE PURPOSE OF THE DECLARATION OF ABSENCE: To appoint a legal defender

for the absentee Art. 44

b. FOR WHICH THE ABSENTEE'S JUDICIAL DEFENDANT IS APPOINTED: for cases in which
he/she must respond to a lawsuit or assert a right in court. Art. 44

c. WHAT PROCEEDS IF THE ABSENTEE HAS PROPERTY AND NO GUARDIAN HAS BEEN
APPOINTED: The judge will appoint a provisional depositary and will dictate the necessary
measures to secure the property. Art. 47 second paragraph.

d. WHAT ARE THE REQUIREMENTS FOR THE JUDICIAL DEFENDER TO BE APPOINTED:

ART. a) Preferably it will be the proxy left by the absentee once he/she has sufficient faculties b) Or
in his/her absence the judge will appoint any person, once he/she has notorious honesty, roots and
competence.

f. WHEN THE POSITION OF JUDICIAL DEFENDER OF THE ABSENT PERSON IS

TERMINATED: ART. a) from the end of the litigation in which he was appointed b) from the time the
absentee is provided with a guardian of property, and c) from the time the absentee appears by
himself or by means of an attorney-in-fact with sufficient powers.

g. WHAT PROCEEDS IF THE ABSENTEE HAS PROPERTY: a guardian of property must be

appointed. Art. 47

h. WHO MAY REPORT THE ABSENTEE AND REQUEST THE APPOINTMENT OF GUARDIAN
OF THE ABSENTEE'S PROPERTY: Any capable person or The Office of the Attorney General of
the Nation. Art. 47

i. WHO MAY BE GUARDIAN OF PROPERTY: ART. 48 It can be any person, including the same
legal defender.

j. WHAT POWERS DOES THE REPRESENTATIVE OF THE ABSENTEE HAVE: The

representative of the absentee is the administrator of the assets of the absentee and has the same
obligations, powers and prohibitions of the guardians, as applicable. (art. 50)

k.WHEN THE POSITION OF PROPERTY GUARDIAN TERMINATES: ART. a) When the absent
person appears by himself or by proxy b) When the assets are extinguished or cease to belong to
the absent person c) When the guardian dies, is admitted to resign or is removed from office,
according to the rules established for the guardian, as applicable, in which cases the judge will
proceed ex officio to appoint a new guardian and d) When the administration is given to the spouse
and children of the absent person and in the absence of a proxy.d) When the administration is given
to the spouse and children of the absent person and in their absence by the blood relatives in the
order of succession established by law.

l.WHO SHALL REPORT TO THE RESPECTIVE JUDGE THE CAUSES OF REMOVAL OF THE
GUARDIAN: ART. 54 The Attorney General's Office and the relatives of the absentee.

m.WHO MAY BE ADMINISTRATOR OF THE ABSENTEE'S PROPERTY: ART. 55 Only the

relatives (spouse and children of the absent person and in their absence by blood relatives in the
order of succession established by law).

n.WHAT PROCEEDS BEFORE THE ADMINISTRATION OF PROPERTY IS GRANTED TO THE

RELATIVES: Inventory and appraisal of the assets and liquidation or partition of those belonging to
the marriage if the absentee is married. Art. 56

ñ.THE ADMINISTRATOR MAY ALLOW THE ABSENTEE'S PROPERTY TO BE FOREIGNED OR

TAXED: ART. 60 No. Unless it complies with the formalities established by law regarding the assets
of minors or incapacitated persons.

o. WHAT PROCEEDS WHEN THE GUARDIAN OR ADMINISTRATOR ACQUIRES PROPERTY

OR RIGHTS BY SUCCESSION OR OTHER TITLE FREE OF CHARGE TO THE ABSENTEE: ART.
61 They must report them to the respective judge within 15 days and extend the guarantee they
have provided up to the value of these goods or rights.

p. WHAT PROCEEDS WHEN THE ABSENTEE IS BELIEVED TO BE DEAD a declaration of

presumed death is requested.

q.DEFINITION OF PRESUMED DEATH: Presumed death is the declaration made by a judge

through a resolution that a person is presumed dead.

r. WHAT IS THE DEADLINE FOR DECLARING ABSENCE: No deadline

s. WHEN IS THE DEADLINE FOR DECLARATION OF PRESUMED DEATH: 5 years after the
administration was decreed by the relatives or after the absentee was last heard from. Art. 63

t. IN WHICH OTHER CASES PRESUMED DEATH MAY BE DECLARED: ART. (a) Of a person who
has disappeared during a war in which he has taken part or has been in the area of operations,
when one year has elapsed since the end of the war without any news of him. b) Of a person found
on board a shipwrecked vessel, or in an aviation accident, when one year has elapsed since his
disappearance; and c) Of a person whose body has not been found and who has disappeared due
to explosion, fire, earthquake, collapse, flood or other casualty. (Deadline: immediately)

u. WHAT PROCEEDS WITH THE RESOLUTION DECLARING PRESUMED DEATH AND THAT
WHICH GRANTS DEFINITIVE POSSESSION OF THE PROPERTY: It will be registered in the
corresponding registers of civil status and real estate property. Art. 68

v.WHEN THE DEFINITIVE POSSESSION OF THE PROPERTY OF THE PRESUMED DECEASED

WILL CEASE: When there is verified news that the absent person is alive, from then on, the heir will
remain with the character of guardian and subject to all the obligations of this one. Art. 71

w.WHAT EFFECTS DOES THE DECLARATION OF PRESUMED DEATH PRODUCE: It has 2

effects a) patrimonial effect: to leave open the succession, to declare who are the heirs (to settle the
hereditary succession) Art. 67 b) personal effect: To leave in freedom of state and the spouse can
contract new marriage Art. 77 x.WHAT PROCEEDS IF THE ABSENTEE LIVES AND HIS SPOUSE
MARRIED AGAIN: 34. When one of the spouses knew the circumstance of the absent spouse being
alive. The nullity action corresponds to the absent spouse or to the spouse who was unaware, at the
time of marriage, that he or she was alive. This action is barred after 6 months counted for the
absentee from the date on which he/she became aware of the new marriage and for the spouse
from the date on which he/she became aware of the survival of the absentee.

y. WHAT PROCEEDS IF THE PROPERTY OF THE ABSENTEE OR PRESUMED DEAD HAS

BEEN SOLD: If the absent or presumed dead person appears or his existence is proven, even after
the definitive possession, he shall recover his property in the state in which it is found, the price of
the sold property and the proceeds from the use made of that price Art. 75

4. Family Law Institutions:

a. Marriage:

1. WHAT IS MARRIAGE: ART. 78 It is a social institution by which a man and a woman unite
legally, with the intention of permanence and for the purpose of living together, procreating, feeding
and educating their children, and helping each other.

2. ACCORDING TO DOCTRINE WHAT KINDS OF MARRIAGE ARE THERE: a) Civil marriage b)

Religious marriage c) Mixed marriage

3. IN GUATEMALA WHICH MARRIAGE IS REGULATED BY OUR LEGISLATION: Civil marriage

only, since religious marriage is performed as a symbolic act according to the faith and beliefs of
each person.

4. WHAT ARE THE THEORIES THAT STUDY THE LEGAL NATURE OF MARRIAGE: a) Marriage
is a Contract: since it establishes that it is a bilateral agreement of wills, through which rights and
obligations are created, modified or extinguished. b) Marriage is a mixed legal act: a set of rules
imposed by the state, but it is also possible to agree on rights and contract obligations. c) Marriage
is a social institution: because it refers to the fact that marriage is a set of rules or norms imposed by
the state through the law (legal system).

5. WHICH THEORY DOES OUR LEGISLATION ADOPTS: The theory that marriage is a social
institution.

6. WHAT ARE THE FUNDAMENTAL PILLARS OF MARRIAGE: Marriage is based on the equality
of rights and obligations of both spouses. Art. 79

7. WHAT ARE THE SPONSALS: They are the promises of Marriage. Art. 80

8. THAT PRODUCE THE BETROTHAL: ART. 80 The betrothal does not produce an obligation to
marry but gives rise to a claim for the restitution of the things donated and given with the promise of
a marriage that did not take place.

9. WHO HAS THE CAPACITY TO CONTRACT MARRIAGE: ART. 81 Persons of legal age are
those who have reached 18 years of age; however, males who are minors but older than 16 years
of age and females who are minors but older than 14 years of age also have legal capacity,
provided they have the authorization established by law.

10. WHO MUST GIVE THE AUTHORIZATION: The authorization must be given jointly by the
father and the mother, or by the parent who exercises parental authority only. Art. 82 0

11. IN CASE OF ADOPTION WHO GIVES AUTHORIZATION: The adopter Art. 82 paragraph 2.

12. IN CASE PARENTS HAVE DIED WHO GIVES AUTHORIZATION: The guardian, could be a
relative or a relative who may be a guardian specifically. Art. 82 3rd. Paragraph.

13. WHAT PROCEEDS WHEN NO PARENT'S AUTHORIZATION CAN BE OBTAINED: A request

shall be made to the judge of first instance of your domicile, (judicial dispensation) Art. 83

14. THROUGH WHICH WAY THE JUDICIAL DISPENSATION IS AUTHORIZED: Through the
voluntary judicial jurisdiction.

15. WHAT DOES MARRIAGE BY PROXY CONSIST OF: ART. 85 The marriage may be
celebrated by power of attorney, granting a special mandate, which must express the identification
of the person with whom the marriage is to be contracted and contain an affidavit about the matters
mentioned in Article 93.

16. WHAT ARE THE KINDS OF IMPEDIMENTS TO CONTRACT MARRIAGE: a) Absolute

impediments: called in the doctrine dirimentes. They are those that make the marriage insubsistent,
which means that the marriage is null, since it is not born to juridical life. Art. 88 b) Relative
impediments: called in the doctrine impidientes. They are those that make the marriage illicit but
valid, imposing a sanction on the person who committed the illicit act. Art. 89

17. WHAT ARE ABSOLUTE DISQUALIFICATIONS: a) blood relatives in the straight line, and in
the collateral line, siblings and half-siblings. b) Ascendants and descendants who have been linked
by affinity c) Married persons and those united in fact with a person other than their cohabitant as
long as such union has not been legally dissolved. Examples: 1.- can there be a marriage between
cousins? Yes, since the only impediment is for siblings and half-siblings (collateral line) 2.- Can
there be a marriage with a former sister-in-law? Yes, since the only impediment would be to marry
your former mother-in-law or a child of your former spouse.

18. WHAT ARE THE RELATIVE IMPEDIMENTS. ART. a) Of a minor under 18 years of age without
the express consent of his parents or guardian b) Of a male under 16 years of age or a female
under 14 years of age. Unless before that age the woman has conceived and the persons
exercising parental authority or guardianship have given their consent. c) Of the woman before 300
days have elapsed since the dissolution of the previous marriage or de facto union, or since the
marriage has been declared null and void. If the nullity of the marriage was due to the husband's
impotence, the wife may remarry without waiting for any term. d) Of the guardian and the protutor or
their descendants with the person under guardianship or protutorship e) Of the guardian or protutor
or their descendants with the person who has been under their guardianship or protutorship. But
only after the accounts of its administration have been approved and cancelled. f) Whoever, having
children under his parental authority, does not make a judicial inventory of their assets, nor
guarantee their management, unless the administration passes to another person. g) Of the adopter
with the adoptee, for the duration of the adoption.

19. WHAT TO DO IF AN ILLICIT MARRIAGE IS CELEBRATED: ART. 90 If the marriage is

nevertheless performed, it shall be valid but both the official and the persons guilty of the infraction
shall be liable in accordance with the law.

20. WHAT PROCEEDS IF THE OFFICIAL INVOLVED IN THE ACT, KNOWS OF THE
EXISTENCE OF ANY LEGAL IMPEDIMENT EITHER BY REASON OF OFFICE OR BY
COMPLAINT MADE BY PGN, OR ANY PERSON: Art. 91 The official shall order the suspension of
the matrimonial proceedings.

21. WHO ARE THE PUBLIC OFFICIALS WHO MAY AUTHORIZE MARRIAGE: ART. a) The mayor
b) Or the councilman acting in his stead. However, it may also be authorized by c) The notary d)
And a duly authorized minister of worship.

22. WHO IS IN CHARGE OF AUTHORIZING THE MINISTER OF WORSHIP: The Ministry of the
Interior.

23. WHICH ARE THE SUBSEQUENT OBLIGATIONS THAT ARE DERIVED AFTER THE
CELEBRATION OF THE MARRIAGE: ♦ A record of the act that took place is delivered ♦ The
cedulas of the contracting parties are reasoned ♦ Circumstantiated Notice is sent to the civil registry
of the renal ♦ Notice is sent to the registry of cedulas ♦ Notice is sent to the registry where the birth
certificates are recorded. ♦ The marriage certificate must be notarized.

24. DRAFT OF A RECORD OF THE ACT: In the city of Guatemala, on the fifteenth day of
November of the year two thousand eight, I Nelly Yadira Morataya Aguilar notary, carried out the
celebration of the civil marriage of Marvin Josué Cabrera Godoy and Wendy Fabiola Barrios Soza in
the fifth avenue one guideline two of zone five of the municipality of Guatemala, department of
Guatemala.n dos de la zona cinco del municipio de Guatemala departamento de Guatemala in
virtue of which I proceed to deliver the respective proof of the celebrated act which consists of two
sheets the first photocopy reproduced from its original which contains the marriage certificate and
the present one. In witness whereof □ After the reading of the respective articles the contracting
parties are asked if they give their consent □ At the beginning of the marriage the following articles
must be read: 78 and from 108 to 112 C.Civ. and explain what each of them consists of. □ The
notary must be constituted in the place where the celebration of the marriage will take place □ The
day and time for the celebration of the marriage (all days and hours are working days for the
celebration of the marriage) □ The contracting parties must prove that they have all the
indispensable requirements to contract the marriage. □ Start with the corresponding counseling: □
Publication of edict: 1 time in the official newspaper and 1 time in another newspaper of major
circulation, within 15 days.

25. STEPS TO BE TAKEN IN ORDER TO CELEBRATE THE MARRIAGE □ Proof of freedom of

state (this will depend on the country of the person, however, it is mandatory to fulfill the legal
requirements) □ Marriage contracts □ Proof of health □ Passport □ Respective inventory

26. WITH WHICH REQUIREMENTS A FOREIGN CONTRACTING PARTY MUST COMPLY: ART.
96 □ Guaranteed child support for minor children □ The legal document attesting to the dissolution
of the previous marriage □ Marriage contracts □ Proof of health □ Cedula de vecindad □ Birth
certificate certificate certification □

27. WHAT IF THE MAYOR IS PRESENT, BUT IS INDISPUTED AND DOES NOT WANT TO
PERFORM THE MARRIAGES AND REQUESTS THAT THE COUNCILMAN OF THE
MUNICIPALITY PERFORM THE MARRIAGES: In accordance with the civil code, he could not,
since he is present and the councilman only acts in his stead when the mayor is absent. However,
Article 49 of the CPRG does not make any distinction between the mayor and the councilman, so
even if the civil code establishes the prohibition, the councilman could celebrate the marriage, since
by the supremacy of laws the constitution prevails over the civil code.

28. WHAT REQUIREMENTS ARE NECESSARY FOR STANDARD MARRIAGES AND FOR
SPECIAL MARRIAGES: STANDARD MARRIAGE MARRIAGE MARRIAGE OF A MINOR
Certification of birth certificate Certification of birth certificate of both birth certificates of both
spouses who are minors. Health certificate for both spouses Health certificate for both spouses
Health certificate for both spouses Marriage contracts Marriage contracts Marriage contracts
Authorization of whoever is applicable

29. IT IS MANDATORY TO REQUEST THE BIRTH CERTIFICATE OF BOTH PARENTS IN A

STANDARD MARRIAGE: The certification is requested for legal security, but it is not really
mandatory since it is not based on our legislation.

30. IN WHICH CASES THE PRESENTATION OF THE HEALTH CERTIFICATE IS EXEMPTED.

ART. 97 a) Persons residing in places where there is no active registered physician and surgeon or
public health care facilities are not required to file. and b) those who have already had de facto
relationships that make such certificate unnecessary.

31. WHEN IS THE DEADLINE FOR THE MARRIAGE TO TAKE PLACE, IF THE PARTIES
ALREADY HAVE THE NECESSARY REQUIREMENTS: The law does not establish a deadline,
therefore the marriage can take place immediately or a date and time can be set for the celebration
of the marriage.

32. WHAT PROCEDURES IF A MINOR WANTS TO MARRY BUT NEVER HAS HIS BIRTH
CERTIFICATE REGISTERED IN THE RESPECTIVE REGISTRY: An age determination procedure
is carried out in the voluntary judicial jurisdiction (this only serves to celebrate the marriage) Art. 94

33. WITH WHAT REQUIREMENTS MUST A CONTRACTING PARTY WHO WAS MARRIED
COMPLY: ART. 95 l sign this civil marriage certificate.

34. WRITE A CEDULA REASON: REASON: the holder of the present cedula de vecindad, married
Miss DORA MARLENE HERRERA RUSTRÍAN, authorized in the city of Guatemala, on November
5, 2008. By the undersigned Notary. Signature and seal of the notary

35. DRAW UP A CIRCUMSTANCED NOTICE: The Circumstantiated Notice must contain all the
information contained in the marriage certificate.

36. IN CASE OF FOREIGN CONTRAYERS, IS IT NECESSARY TO REASON THE PASSPORTS:

If they will have to reason the passport, according to the established in art. 100 civil code. Except for
the passports of Brazilians, since the Brazilian embassy so ordered.

37. IN WHAT DOES THE MARRIAGE CONSIST IN THE ARTICLE OF DEATH: ART. 105 In case
of serious illness, the marriage may be authorized without observing the established formalities,
provided that there is no ostensible and evident impediment that makes the act illegal.

38. WHO ELSE COULD AUTHORIZE MARRIAGE, OTHER THAN THE PERSONS AUTHORIZED
IN ARTICLE 92: The military and other individuals belonging to the army, who are on campaign or in
a besieged place. They may marry before the head of the corps or of the post. Provided that they do
not have any obvious impediment that makes the union impossible. Art. 107

39. WHAT POSTERMISSING OBLIGATION MUST BE COMPLIED WITH: The original marriage
certificate must be sent to the corresponding civil registry. Art. 107

40. WITHIN WHAT TIME LIMIT MUST COMPLY WITH THAT OBLIGATION: Within 15 days of the
end of the campaign or lifting of the site.

41. WHAT RIGHTS ARISE FROM MARRIAGE: a) The woman has the right to add to her own
surname the surname of her spouse and to keep them always (for the duration of the marriage). Art.
b) Spousal representation corresponds equally to both spouses. Art. 109 c) Arrange all matters
relating to the education and settlement of the children. Art. 109 d) Arranging everything related to
family finances. Art. 109

42. OBLIGATIONS ARISING FROM MARRIAGE: 5

Community of Profit and Loss

43. WHICH ESTABLISHES THE ABSOLUTE COMMUNITY REGIME: ART. 122 In this regime all
assets contributed to the marriage by the spouses or acquired during the marriage belong to the
marital estate and will be divided in half upon dissolution of the marriage.

44. WHICH ESTABLISHES THE ABSOLUTE SEPARATION REGIME: ART. 123 In this regime,
each spouse retains the ownership and administration of the assets that belong to him/her and will
be the exclusive owner of the fruits, products and accessions thereof. The salaries, wages,
emoluments and profits obtained by each of the spouses for personal services or in the exercise of
trade or industry will also be their own. This means that all assets do not become part of the marital
estate and even if the marriage is dissolved, both parties will continue to keep what they own.

45. WHICH ESTABLISHES THE COMMUNITY OF PROPERTY REGIME: ART. 124 Under this
regime, the husband and wife retain ownership of the assets they had at the time of marriage and of
those they acquire during the marriage, either gratuitously or with the value of both; but the following
assets shall become theirs in half upon dissolution of the marital estate: (a) the fruits of the own
property of each of the spouses, deducting the expenses of production, repair, conservation and
fiscal and municipal charges of the respective property; (b) those that are purchased or exchanged
with such fruits even if the acquisition is made in the name of only one of the spouses; and (c) those
that each spouse acquires with his or her work, employment, etc.

46. WHICH ECONOMIC REGIME IS THE MOST APPROPRIATE FOR ADVISING CLIENTS: The
absolute separation economic regime

47. THE MATRIMONIAL PROPERTY AGREEMENT MAY BE ALTERED OR MODIFIED: ART. 125
The spouses have the inalienable right to alter the marital contracts and to adopt another economic
regime of the marital property during the marriage.

48. IN WHICH THE MODIFICATIONS OF THE MARITAL CONTRACTS ARE RECORDED: ART.
125 2nd PARAGRAPH It shall be done by means of a public deed that shall be registered in the
respective registries, and shall only be prejudicial to third parties from the date of registration.
49. WHAT PROCEEDS IN CASE OF THE CONTRACTING PARTIES DO NOT MAKE
CAPITULATIONS AND DO NOT SPECIFY WHAT REGIME THEY WILL ACCEPT WITHIN THE
MARRIAGE: It will be understood that the marriage was contracted under the community of property
regime. Art. 126

50. BY WHAT OTHER NAME IS THE COMMUNITY OF PROPERTY REGIME KNOWN?

PROFIT: Subsidiary Regime

51. INHERITANCES, DONATIONS OR OTHER RECEIVED FREE OF CHARGE AND

INDEMNIFICATIONS FOR ACCIDENTS OR LIFE INSURANCES: Notwithstanding the regime to
which the spouses adhere to for their marital property, these are considered as own property of
each spouse.

52. WHAT IS HOUSEHOLD GOODS: They are all the movable goods that serve the ordinary use
of the family.

53. TO WHOM COR□ Absolute separation □ Absolute community □ If the woman is Guatemalan
and the man is a foreigner or naturalized Guatemalan.

54. HOW MUCH IS THE CURRENT MINIMUM WAGE: The current minimum wage is Q.
138.WHERE THE MARRIAGE CAPITULATIONS ARE CONSTATED: They must be recorded in a
public deed or in an act drawn up before the official who has to authorize the marriage.

55. WHICH SUBSEQUENT OBLIGATIONS MUST BE FULFILLED: ART. a) The testimony of the
deed or the certification of the act shall be recorded in the civil registry, once the marriage has taken
place, b) and also in the property registry, if real property or rights in rem thereon are affected.

56. DEFINE WHAT A MARITAL PROPERTY REGIME IS: Marital property regimes attempt to
establish rules for what is to happen to the marital estate in the event of dissolution of the marriage.

57. WHICH ARE THE ECONOMIC REGIMES OF THE MARRIAGE: □ If either of them has in
administration assets of minors or incapacitated persons who are under their parental authority,
guardianship or custody; □ If either of the contracting parties exercises a profession or trade that
produces income or emolument that exceeds two hundred quetzales a month; □ When either of the
contracting parties has assets whose value reaches two thousand quetzales; □ 6. a) The husband
owes protection to his wife and is obliged to provide her with everything necessary for the support of
the household according to his economic possibilities. Art. b) Both spouses have the obligation to
take care of their children during their minority. Art. c) The wife shall contribute equally to the
support of the household, but if the husband is unable to work and lacks property of his own, the
wife shall cover all or part of the expenses of the family. Art. d) The wife shall always have a
preferential right over her husband's salary or income, for the amounts corresponding to the
maintenance of herself and her best children. Art. 112

58. WHAT ARE THE MATRIMONIAL CAPITULATIONS: These are the pacts that the contracting
parties grant to establish and regulate the economic regime of the marriage. Art. 117

59. THE MATRIMONIAL PROPERTY AGREEMENT SHALL INCLUDE THE FOLLOWING

FOLLOWING: ART. 121 ♦ the detailed designation of the property held by each spouse at the time
of marriage. ♦ Declaration of the amount of the debts of each one and ♦ Express declaration of the
contracting parties as to whether they adopt the absolute community of property regime, the
absolute separation regime or the community of acquisitions regime; or with the modalities and
conditions to which they wish to subject it.

60. IN WHICH CASES ARE THE MARRIAGE CONTRACTS OBLIGATORY: ART. 118
RESPONSIBLE FOR THE HOUSEHOLD MENAJE: It corresponds exclusively to the wife the
handling of the conjugal home except for the objects of personal use of the husband.

61. A SPOUSE MAY SELL THE PROPERTY IN HIS OR HER NAME, INDEPENDENT OF THE
REGIME THEY HAVE ACCEPTED: Each spouse or cohabitant has the free disposal of the property
registered in his or her name in the public records, without prejudice to being liable before the other
for the disposal he or she makes of the common property.

62. WHICH PROCEEDS WITH THE ADMINISTRATION OF THE PROPERTY AND MARITAL
PATRIMONY OF THE HUSBAND WHO IS A MINOR: If the husband is under 18 years of age, he
shall be assisted in the administration of his property and those of the conjugal patrimony, by the
person exercising parental authority over him; but if the wife is of legal age, she shall exercise the
administration of the property until the husband reaches the age of majority.

63. WHEN THE COMMON PROPERTY TERMINATES: 1) by the dissolution of the marriage; 2) by
separation of property; and 3) by the conviction in a final judicial sentence of one of the spouses for
a crime committed against the other.

64. WHAT PROCEEDS AFTER TERMINATION OF THE COMMON PROPERTY: It will proceed
immediately to its liquidation.

65. THAT COULD BE A CAUSE FOR THE TERMINATION OF THE COMMUNITY OF

PROPERTY:

The unjustified abandonment of the conjugal home by one of the spouses causes the effects of the
community of property to cease for him or her, as from the day of the abandonment, insofar as they
favor him or her.

66. WHAT IS INSUBSISTENT MARRIAGE: It means that a marriage is null, which means that it is
not born to juridical life.

67. RELATIVE IMPEDIMENTS: Make the marriage illicit.

68. WHEN THE MARRIAGE IS VOID: When the marriage is born to the legal life but it is
susceptible to leave without validity, that is to say to request the nullity of the same one.

69. IN WHICH CASES IS THE MARRIAGE ANNULLABLE: (a) when one or both spouses have
consented by mistake, fraud or coercion; (b) of one who suffers from absolute or relative impotence
for procreation.n siempre que por su naturaleza sea perpetua incurable y anterior al matrimonio c)
de cualquier persona que padezca incapacidad mental al celebrarlo; y d) del autor, cómplice o
encubridor de la muerte de un cónyuge, con el cónyuge sobreviviente.
70. WHAT ABSOLUTE IMPOTENCE CONSISTS IN: It is when one or both spouses are impotent,
and there can be no de facto relations.
71. WHAT RELATIVE IMPOTENCE CONSISTS IN: When one or both spouses have de facto
relations, but nevertheless cannot procreate children because they are sterile.

72. DEFINITION OF SEPARATION: It is a civil law institution through which the state exempts the
spouses from their obligation to live together, thereby modifying the marriage.

73. DEFINITION OF DIVORCE: It is a civil law institution through which marriage is dissolved.

74. HOW SEPARATION AND DIVORCE CAN BE DECLARED: a) by mutual agreement between
the spouses b) by the will of one of the spouses for a specific cause.

75. SEPARATION OR DIVORCE BY MUTUAL AGREEMENT OF THE SPOUSES: This occurs

when both spouses agree to separate or divorce.

76. THROUGH WHICH CHANNEL IS THE DIVORCE OR SEPARATION BY MUTUAL

AGREEMENT PROCESSED: It is processed through the voluntary judicial jurisdiction.

77. SEPARATION OR DIVORCE BY WILL OF ONE OF THE SPOUSES, BY MEANS OF A

DETERMINED CAUSE: It occurs when there is a cause that motivates to request the separation or
the divorce on the part of the inculpable spouse, that is to say that he/she does not motivate the
cause.

78. WHICH WAY IS THE DIVORCE OR SEPARATION FOR DETERMINED CAUSE

PROCESSED: It is processed through an ordinary lawsuit.

79. WHAT IS THE TIME LIMIT TO DISSOLVE THE MARRIAGE BY MUTUAL AGREEMENT: After
1 year you can request the dissolution of the marriage.

80. WHAT IS THE DEADLINE FOR DISSOLVING A MARRIAGE FOR A DETERMINED CAUSE:
Within 6 months after the cause is known.

81. WHO CAN APPLY FOR SEPARATION OR DIVORCE FOR DETERMINED CAUSE: They can
be requested by the spouse who has not given cause to it.

82. WITHIN WHICH PERIOD MAY IT BE REQUESTED: Within 6 months from the day on which
the facts on which the claim is based have come to its knowledge.

83. WHAT ARE THE COMMON CAUSES FOR OBTAINING SEPARATION OR DIVORCE: 1)
infidelity of either spouse. 2) Los malos tratamientos de obra, las riñas y disputas continuas, las
injurias graves y ofensas al honor y en general la conducta que haga insoportable la vida en
común, 3) El atentado de uno de los có4) The separation or voluntary abandonment of the conjugal
home or the unmotivated absence for more than one year, 5) The fact that the woman gives birth,
during the marriage, to a child conceived before its celebration, provided that the husband has not
given birth to a child conceived before the celebration of the marriage, provided that the husband
has not given birth to a child conceived before the celebration of the marriage.6) The incitement of
the husband to prostitute the wife or to corrupt the children, 7) The unfounded refusal of one of the
spouses to fulfill with the other or with the common children, the duties of assistance and
nourishment to which he is legally obliged, 8) The unjustified refusal of the other or with the common
children, 9) The unjustified refusal of the husband or the common children to fulfill the duties of
assistance and nourishment to which he is legally obliged9) The habits of gambling or drunkenness
or the undue and constant use of narcotics when it threatens to cause the ruin of the family or
constitutes a continuous cause of conjugal disagreement. 10) La denuncia de delito o acusación
calumniosa hecha por un cónyuge contra el otro, 11) La condena de uno de los cónyuges en
sentencia firme, por delito contra la propiedad o por cualquier otro delito común que merezca pena
mayor de 5 años de prisión, 12) La enfermedad grave, incurable y contagiosa, perjudicial al otro
có13) The absolute or relative impotence for the procreation whenever by its nature it is incurable
and subsequent to the marriage, 14) The incurable mental illness of one of the spouses that is
sufficient to declare the interdiction; 15) Likewise, the separation of persons declared in a firm
sentence is a cause to obtain the divorce.

84. WHAT IS MEANT BY DISSIPATING THE HOUSEHOLD PROPERTY: It consists of selling little
by little the goods that correspond to the household goods.

85. WHAT PROCEEDS IF ONE OF THE SPOUSES IS IMPOTENT: It must be determined whether
the impotence is prior to the marriage or after the marriage. To establish whether it is grounds for
divorce (later) or whether the annulment of the marriage can be requested (if earlier).

86. CAN CONFESSION OR SEIZURE BE SUFFICIENT PROOF TO DECLARE DIVORCE OR

SEPARATION: No, since it is not considered sufficient proof.

87. WHAT ARE THE COMMON EFFECTS OF SEPARATION AND DIVORCE: a) the liquidation of
the marital estate; b) the right to alimony in favor of the spouse who is not at fault, if applicable; and
c) the suspension or loss of parental authority, when the cause of the separation or divorce is the
same and there is an express request from the interested party.

88. WHAT ARE THE EFFECTS OF THE SEPARATION: 1) the insubsistence of the conjugal bond;
2) the right of the inculpable spouse, to the intestate succession of the other spouse; and 3) the right
of the wife to continue using the husband's surname.

89. WHAT ARE THE EFFECTS OF DIVORCE: a) the dissolution of the conjugal bond; b) it leaves
the spouses free to remarry; and c) the divorced woman has no right to use her husband's surname.

90. WHO IS RESPONSIBLE FOR THE PROTECTION OF THE WOMAN AND THE CHILDREN:
From the moment the request for separation or divorce is filed, the woman and the children will be
under the protection of the authority for the safety of their persons and their property, and the
necessary urgent measures will be dictated.

91. THAT THE SPOUSES MUST PRESENT WHEN THEY REQUEST THE SEPARATION OR
DIVORCE BY MUTUAL AGREEMENT: They will have to present before the competent judge the
Draft Agreement

92. WHAT THE DRAFT COVENANT SHOULD CONTAIN: 1) to whom the children born of the
marriage are entrusted;

2. (2) on whose account the children shall be fed and educated, and when this obligation is
incumbent on both spouses, in what proportion shall each of them be obligated; (3) what pension
shall be paid by the husband to the wife if she has no income of her own sufficient to cover her
needs; (4) what guarantee shall be given for the performance of the obligations contracted by the
spouses by agreement 3) what pension the husband must pay to the wife if she does not have her
own income sufficient to cover her needs; 4) guarantee to be provided for the fulfillment of the
obligations that the spouses contract by agreement; 5) they must present a draft of liquidation of the
conjugal patrimony.

b. De facto union:

93. DEFINITION OF DE FACTO UNION: It is a social institution by means of which a man and a
woman with capacity to contract marriage declare before a mayor, before a notary or before a judge
that for more than three years they have made home and life in common before their relatives and
social relations, fulfilling the purposes of marriage.

94. WHAT ARE THE PURPOSES OF MARRIAGE: a) to live together b) to procreate, nurture and
educate children c) to help each other.

95. THE DE FACTO UNION OF A COUPLE WHO HAVE LIVED TOGETHER FOR MORE THAN
THREE YEARS, WITHOUT HAVING BORN CHILDREN CAN BE DECLARED: The de facto union
cannot be declared, since it does not comply with the purposes of marriage, this being an
indispensable requirement.

96. WHAT ARE THE TWO WAYS OF DECLARING A DE FACTO UNION: 1) Voluntary 2) Judicial.

97. WHEN THE VOLUNTARY UNION OF FACT PROCEEDS: When both parties give their
consent to go before a mayor or a notary public to declare the union of the couple.

Done.

98. a) when there is opposition of one of the cohabitants b) by death of one of the cohabitants, (in
this case it will be called Post-mortem De Facto Union) in both cases, the de facto union is declared
before a competent Judge.

99. HOW THE VOLUNTARY UNION OF DE FACTO IS DECLARED: 1) if it is before the mayor, it
is declared through a deed 2) if it is before the notary, it is declared through a notarial act or by
public deed.

100. HOW THE DE FACTO JUDICIAL UNION IS DECLARED: It is declared through a final
judgment in an Ordinary Trial.

101. EFFECTS PRODUCED BY THE REGISTRATION OF THE COMMON-LAW MARRIAGE: 1)

(Effect of Filiation) the children born after 180 days from the date fixed as the beginning of the de
facto union and those born within 300 days following the day on which the union ceased are
deemed to be children of the male with whom the mother was united, presumption against which
proof to the contrary is admitted; 2) if there is no deed of separation of property, those acquired
during the de facto union are deemed to be property of both.2) if there is no deed of separation of
property, the property acquired during the de facto union is deemed to be the property of both,
unless there is proof to the contrary showing that the property was acquired by only one of them,
free of charge, or with the value of the property.3) the right of one of the parties to request the
declaration of absence of the other and, once declared, to request the succession of the absent
party, liquidation of the common assets and adjudication of the assets corresponding to him/her; 4)
in case of death of one of them, the survivor may request the liquidation of the community property
and adjudication of assets as in the previous paragraph; and 5) the subjection of the man and the
woman to the rights and obligations of the spouses during the marriage.

102. A DE FACTO UNION OF MINORS MAY BE DECLARED: Mayors or notaries may not accept
a declaration of de facto union of minors without the consent of the parents or guardian, or, if
applicable, authorization of the judge (judicial dispensation).

103. HOW THE DE FACTO UNION CAN BE TERMINATED: a) it can be terminated by mutual
agreement of the man and woman, in the same form in which it was constituted; b) or for any of the
causes indicated for divorce and separation, in which case the termination must be judicially
declared.

104. a) if the de facto union was declared before a notary, the cessation of the de facto union is
requested before a notary; b) if the de facto union was declared before a mayor, the cessation of the
de facto union is requested before a judge of 1st. Instance, since the law does not empower the
mayor.

IN ORDINARY TRIAL

105. DIFFERENCE BETWEEN MARRIAGE AND DE FACTO UNION: Marriage De Facto Union 1)
is a constitutive act 1) is a declaratory act 2) is permanent and invariable 2) is permanent, but
variable

106. BECAUSE MARRIAGE IS A CONSTITUTIVE ACT: Because it takes effect from the moment
the marriage is authorized.

107. BECAUSE MARRIAGE IS A PERMANENT AND INVARIABLE ACT: Because marriage is

maintained in the same form in which it was constituted and does not change.

108. WHY A DE FACTO UNION IS CONSIDERED TO BE A DECLARATIVE ACT: Because the

effects are retroactive to the moment in which the de facto union is declared.

109. BECAUSE THE DE FACTO UNION IS A PERMANENT BUT VARIABLE ACT: Because the
de facto union is maintained in the same way as marriage but it is variable, since they can declare
their de facto union but if they wish they can also get married.

110. POST-OPERATIVE OBLIGATIONS AFTER THE DE FACTO UNION IS DECLARED

VOLUNTARILY: a) legal obligation: it consists of sending a notice to the civil registry of the national
registry of persons, within a period of 30 days. b) technical obligation: the same as for the marriage
(delivery of a record of the act......................................................................... etc.)

Kinship:

111. DEFINITION OF RELATIONSHIP: It is a legal bond that exists between several persons: -by
ties of consanguinity, -by ties of affinity (derived from marriage), -and by adoption. (The civilian)

112. CONSANGUINITY RELATIONSHIP: It is the legal bond that exists between several persons
descending from the same parent. Ex. Siblings descend from their parents (same parent).
113. WHAT IS AFFINITY RELATIONSHIP: It is the legal bond that unites one spouse with the
other and their respective blood relatives, (born of marriage).

114. WHAT IS ADOPTION RELATIONSHIP: It is the legal bond that exists only between the
adopter and the adoptee (known as civil relationship).

115. DEFINITION OF DEGREE: It is the distance that exists between one relative and another
relative, each generation constitutes a degree.

116. DEFINITION OF LINE: It is the series of generations, which refers to the degrees that exist.

117. CLASSES OF LINE: a) Straight line: it is when people descend from each other, coming from
a common ancestor. b) Collateral or transversal line: when people do not descend from each other,
but come from the same common ancestor.

118. THAT GRADES ARE RECOGNIZED BY LAW:

1) By consanguinity: up to the fourth degree 2) by affinity: within the second degree 3) by adoption:
only between the adopter and the adoptee

Paternity and filiation:

119. DEFINITION OF AFFILIATION: It is the legal bond of descent that exists between two
persons, in which one of them is the father or mother of the other person.

120. DEFINITION OF PATERNITY: It is the legal bond of descent that exists between the father
and the child.

121. WHEN PARENTAL AUTHORITY IS LOST: ART. 274 □ For customary drunkenness, □ For
interdiction, declared in the same manner, □ For absence of the person exercising it judicially
declared □ For dedicating the children to begging or giving them corrupting orders, advice,
insinuations and examples; 9□ For the depraved or scandalous habits of the parents, excessive
harshness in the treatment of the children or neglect of their family duties; □ And for having the habit
of gambling or for the undue and constant use of narcotic drugs.

122. TYPES OF FILIATION: a) matrimonial b) quasi matrimonial c) extra matrimonial d) adoptive

123. DEFINITION OF MATRIMONIAL FILIATION: It is the filiation that will be given to children
born of marriage.

124. DEFINITION OF QUASIMATRIMONIAL FILIATION: It is that filiation that occurs between

children born in a common-law union.

125. DEFINITION OF EXTRAMATRIMONIAL FILIATION: It is the filiation that occurs between

children born out of wedlock.

126. DEFINITION OF ADOPTIVE FILIATION: It is that filiation that occurs as a result of adoption.

127. WHAT ARE THE FORMS OF EXTRAMATRIMONIAL ACKNOWLEDGMENT: a) voluntarily b)

judicially

128. 1) In the birth certificate by appearance before the civil registrar 2) By special act before the
same civil registrar 3) By public deed 4) By testament 5) By judicial confession.

129. A WILL CAN BE REVOKED WHEN IT CONTAINS AN ACKNOWLEDGMENT OF

PATERNITY: The acknowledgment is not revocable.

130. EXTRAMATRIMONIAL JUDICIAL ACKNOWLEDGMENT: The child who has not been
voluntarily recognized has the right to request a judicial declaration of his filiation and this right
never prescribes with respect to him. Art. 220

131. In what cases can paternity be declared: 1) When there are letters, writings or documents in
which it is recognized, 2) When the claimant is in notorious possession of the status of child of the
presumed father. 3) In cases of rape, statutory rape, abduction when the time of the crime coincides
with the time of conception 4) And when the alleged father has lived maritably with the mother
during the time of conception.

132. WHAT IS NOTORIOUS POSSESSION OF STATE: It is that person who recognizes that
he/she has a child and presents him/her socially, and that in addition, any of the following
circumstances concur: 1) That they have provided for his/her subsistence and education; 2) That
the child has used, constantly and publicly, the surname of the father; and 3) That the child has
been presented as such in the social relations of the family.

e. Adoption:

133. DEFINITION OF ADOPTION: Social institution of protection and public order protected by the
State, by which a person takes as biological child of another person.

134. WHICH IS THE ADMINISTRATIVE BODY THAT DEALS WITH ADOPTIONS: The National
Adoption Council (CNA).

135. WHAT ARE THE KINDS OF ADOPTIONS: a) National adoption: is the one in which adopter
and adoptee are habitual legal residents in Guatemala b) International adoption: is the one in which
a child with legal residence in Guatemala is going to be transferred to a receiving country.

136. WHAT IS THE ADMINISTRATIVE PROCEDURE TO ADOPT:

Parental authority and guardianship:

137. DEFINITION OF PATRIA POTESTAD: It is the right that parents have to represent their minor
or adult children declared in a state of interdiction, as well as the right to administer their property,
with the obligation to take care of their property, with the obligation to care for, support, educate and
correct them.

138. WHO EXERCISES POTESTY: Both parents.

139. WHAT RIGHTS ARISE FROM PATRIOT POTESTY (PARENTS): a) to represent their
children b) to administer their property c) to take advantage of their services.

140. WHAT OBLIGATIONS ARISE FROM PARENTAL OBLIGATIONS (PARENTS): 1) Care for
the children 2) Support the children 3) Educate the children 4) Correct the children
141. WHAT OBLIGATIONS ARISE FROM PATRIOT POTESTY (CHILDREN): a) obligation to live
with their parents b) to honor and respect their parents c) to provide assistance to their parents.

142. WHAT IS RELATIVE CAPACITY: Those over 14 years of age have the capacity to contract
their work and receive the agreed remuneration, with which they will help their parents for their own
support.

143. CAN PARENTS SELL THEIR MINOR CHILDREN: They cannot do so, unless they have
judicial authorization from the competent judge and the intervention of PGN.

144. WHEN THERE CAN BE SEPARATION OF PARENTAL AUTHORITY: ART. 269 a) When the
person exercising parental authority dissipates the property of the children, b) When by his
mismanagement (the property of the minor) is diminished or depreciated.

145. WHEN PARENTAL AUTHORITY IS SUSPENDED: ART. 273, parental rights are also lost
when the child is adopted by another person. □ For having been convicted two or more times for a
crime of the common order, if the penalty exceeds three years of imprisonment for each crime; □
For the exposure or abandonment that the father or mother made of their children, for the one who
has exposed or abandoned them; □ For a crime committed by one of the parents against the other,
or against the person of any of their children; □10. When they have been assured subsistence until
the same age.

146. WHAT ARE THE EFFECTS OF THE SUSPENSION OR LOSS OF PARENTAL AUTHORITY:
ART. 275 Even if the suspension or loss of the same is given, he will not be exonerated from the
obligations towards his children.

147. WHO MAY PROMOTE OR REQUEST THE SUSPENSION OR LOSS OF PARENTAL

POTESTY: - The ascendants of the minor - His collateral relatives within the fourth degree of
consanguinity - The Attorney General of the Nation The innocent parent and the PGN will be part of
the trial in all cases.

148. WHEN THE REESTABLISHMENT OF PARENTAL AUTHORITY CAN BE GIVEN: ART. 277
(1) When the cause or causes of the suspension or forfeiture have disappeared and are not for any
crime against the persons or property of the children, (2) When in the case of a crime committed
against the other spouse as referred to in subsection 3 of art. 3) When the rehabilitation is lost by
the children over 14 years of age or by their guardian, provided that the cause of loss of parental
authority is not included among the specific things determined by the first paragraph of article 1.
277.

The right to maintenance:

149. DEFINITION OF FOOD: The denomination of food includes all that is indispensable for the
sustenance, room, clothing, medical assistance and also the education and instruction of the person
providing food when he/she is a minor.

150. WHAT DOES FOOD INCLUDE IN THE CASES OF MINORS: In addition to food, housing,
clothing, medical care, it also includes instruction and education.

151. CHARACTERISTICS OF ALIMONIES: a) Proportionality: depends on the economic situation

of the person obliged to provide alimony; b) Fixed in money: alimony must be fixed in money and
not paid in kind. (With the exception that the obligor may be allowed to provide the alimony in
another way, when in the judge's opinion, there are reasons that justify it); c) Modifiable: by virtue of
the fact that the alimony will be reduced or increased proportionally according to the increase or
decrease of the alimony provider's needs and fortune... d) Complementary: it is only due in the part
that is not enough for the other person to cover with his work; e) It is unwaivable: it refers to the fact
that the person who provides the food does not have the right to waive his right to food, (to receive
the same) f) It is non-transferable: the right to food cannot be transferred to another person other
than the person who provides the food; g) It is unseizable: the food cannot be taxed for the
fulfillment of an obligation; h) It is incompensable: the obligation cannot be compensated or
extinguished; i) It is imprescriptible: while the need subsists, one always has the right to ask for
food. (No statute of limitations);

152. THE GUARANTEE OBLIGATION: The person obliged to provide maintenance against whom
it has been necessary to file a lawsuit to obtain it must sufficiently guarantee the fulfillment of the
maintenance obligation with a mortgage, if he/she has mortgageable assets, or with a bond or other
securities, at the judge's discretion.

153. WHAT IS THE EXCEPTION TO THE PROVISIONS OF ART. 282: That arrears of alimony
may nevertheless be set off, attached, waived and disposed of.

154. WHO PERSONS ARE OBLIGATED TO RECIPROCATICALLY PROVIDE FOOD TO EACH

OTHER: art. 283 - The spouses: both - The ascendants: e.g. to my father, grandfather, grandfather,
great-grandfather, great-great-grandfather, etc. - Descendants: e.g. to my son, grandson,
granddaughter, great-grandson, great-great-grandson, etc. - Siblings: to each other

155. WHAT PROCEEDS WHEN THERE ARE SEVERAL FOOD PROVIDERS (APPLICANTS):
Art. 285 When two or more persons have the right to be fed by the same person and he/she does
not have enough money to feed all of them, he/she shall provide them in the following order: o To
his/her spouse o To the descendants of the closest degree o To the ascendants, also of the closest
degree, and o To the siblings.

156. WHEN THE OBLIGATION TO PROVIDE FOOD WILL BE ENFORCED: art. 287 From the
time they are needed by the person entitled to receive them. Payment shall be made in monthly
installments in advance, and upon the death of the provider, his heirs shall not be obliged to repay
what he has received in advance.

157. WHEN THE OBLIGATION TO PROVIDE SUPPORT CEASES: art. 289 ♦ By the death of the
provider; ♦ When the one who provides them is unable to continue providing them or when the need
of the one who received them ends; ♦ In the case of injury, fault or serious damage inflicted by the
provider, against the one who must provide them; ♦ When the need for maintenance depends on
the vicious conduct or lack of application to work of the provider while these causes subsist, and ♦ If
the minor children marry without the consent of the parents.

158. IN WHICH CASES DESCENDANTS CANNOT CLAIM MAINTENANCE:

TUTELA

159. DEFINITION OF GUARDIANSHIP: It is the right of a person to represent a minor or an adult

declared in a state of interdiction who is not subject to parental authority, as well as the right to
administer his or her property with the obligation to care for, support and correct him or her.

160. WHAT ARE THE CHARACTERISTICS OF THE GUARDIANSHIP: a) Personal b) Non-

delegable c) Public charges d) Mandatory

161. TYPES OF GUARDIANSHIP: a) Testamentary: art. 297 is instituted by will, by the surviving
father or mother, for the children who are under their parental authority, by the grandfather or
grandmother for the grandchildren who are subject to their legitimate guardianship by any testator;
b) Legitimate: art. 299 is the guardianship that corresponds to the following order 1.- to the paternal
grandfather 2.- to the maternal grandfather 3.- to the paternal grandmother 4.- to the maternal
grandmother 5.- to the siblings without distinction of sex, being preferred those who come from both
lines. c) Judicial: art. 300 proceeds by appointment of the competent judge when there is no
testamentary or legitimate guardian.

162. REQUIREMENTS FOR THE EXERCISE OF THE GUARDIANSHIP: Discernment of the

position: the guardian and the protutor will not enter to exercise their positions, but after discernment
by the judge.

163. DEFINITION OF TUTOR: Person who exercises the guardianship and represents the minor
and the adult in a state of interdiction if he/she has no parents and on behalf of them manages or
directs the patrimony.

164. TYPES OF TUTORS: a) Specific tutors: art. 306 when there is a conflict of interest among
several wards subject to the same guardianship, the judge will appoint specific guardians for them;
b) Special guardian: if there is a conflict of interest among children subject to the same parental
authority or between them and their parents, the judge will appoint a special guardian; c) Legal
guardian: the directors or superiors of social welfare institutions that receive minors or disabled
persons are their guardians and legal representatives.

165. WHO DOES NOT NEED DISCERNMENT OF OFFICE: Legal guardians

166. FOREIGNERS MAY BE OBLIGATED TO EXERCISE THE GUARDIANSHIP: Foreigners are

not obliged to accept the position of guardian or protautor, except in the case of their relatives and
nationals.

167. CAN SOMEONE WHO HAS LOST THE EXERCISE OF THE EXERCISE OF THE
PARENTHOOD OF HIS CHILD BE A GUARDIAN OF HIS CHILD: Art. 314 # 7º. A person who has
lost the exercise of parental authority or the administration of his children's property cannot be a
guardian or protautor.

168. WHY GUARDIANSHIP IS CONSIDERED A PUBLIC CHARGE: Because it is supervised by

the state through a guardian.

169. DEFINITION OF PROTECTOR: It is that person who oversees the exercise of guardianship □
When they have reached 18 years of age, unless they are habitually ill impaired or in a state of
interdiction, and □

170. Sworn guarantee: it is the oath taken by the guardian that he/she will effectively comply with
the guardianship.

171. IN WHICH CASES JUDICIAL AUTHORIZATION IS REQUIRED□ Bail bond: this and the
previous ones granted by some institution. □ Pledge □ Mortgage □

172. WHAT ARE THE PROHIBITIONS TO BE A GUARDIAN AND PROTUTOR: ⇒ The minor and
the incapacitated ⇒ The one who has been convicted of theft, robbery, fraud, forgery,
misdemeanors and crimes against honesty or other crimes of the common order that deserve a
penalty of more than 2 years ⇒ The one who has been removed from another guardianship or has
not rendered accounts of his administration ⇒ A habitual drunkard, a habitual user of narcotics, a
vagrant and a person of notorious misconduct ⇒ A bankrupt or insolvent person, as long as he has
not been rehabilitated ⇒ A person who has failed or has been declared bankrupt, as long as he has
not been rehabilitated ⇒ A person who has been declared bankrupt or has been declared bankrupt,
as long as he has not been rehabilitated ⇒ The one who has pending litigation of his own or of his
ascendants, descendants or spouses, with the minor or incapacitated person ⇒ The one who has
lost the exercise of parental authority or the administration of the assets of his children ⇒ The
creditor or debtor of the minor for an appreciable amount in relation to the assets of the minor as
judged by the court of law.The creditor or debtor of the minor for an appreciable amount in relation
to the assets of the minor in the judgment of the judge unless he has been knowingly appointed by
will ⇒ The one who has no domicile in the republic and ⇒ The blind and the one who suffers from
serious, incurable or contagious disease.

173. WHEN THE REMOVAL OF THE GUARDIANSHIP PROCEEDS: 1) Those who demonstrate
negligence, ineptitude or unfaithfulness in the performance of the office, 2) Those who incite the
ward to corruption or crime, 3) Those who employ bad treatment with the minor4) Those who have
knowingly committed an inaccuracy in the inventory omitting assets or credits, assets or liabilities,
and 5) Those who are absent for more than 6 months from the place where they perform the
guardianship and pro guardianship.

174. WHO CAN BE EXCUSED FROM GUARDIANSHIP AND PRO GUARDIANSHIP: (a) Those
who are in charge of another guardianship or pro guardianship b) Those over sixty years of age c)
Those who have 3 or more children under their parental authority d) Women e) Those who due to
their limited resources cannot attend the office without detriment to their subsistence f) Those who
suffer from habitual illness that prevents them from fulfilling the duties of their office, and g) Those
who have to be absent from the republic for more than one year.

175. WHAT IS THE CONSTITUTION OF THE GUARANTEE: When the inventory is made, the
guardian and the protutor are jointly and severally obliged to promote the constitution of the
guarantee.

176. TYPES OF GUARANTEE: THE GUARDIAN: For extraordinary expenses exceeding Q.

500.00

177. WHICH ACTS ARE PROHIBITED TO THE GUARDIAN: I. To contract by himself or by

interposite person with the minor or incapacitated person to accept against the credit, rights or
actions unless they result from legal subrogation; II. To dispose free of charge of the assets of the
minor or incapacitated person; III. Accepting donations from the former ward, without having
approved and cancelled the accounts of his administration, except when the guardian is an
ascendant, spouse or sibling of the donor; IV. To make voluntary remission of rights of the minor or
incapacitated person V. Accept the institution of insurance benefits in your favor from your ward.

178. HOW THE RETRIBUTION OF THE GUARDIANSHIP PROCEEDS: The retribution shall be
paid annually and shall not fall below 5% nor exceed 15% annually of the income and liquid
products of the ward's assets.

179. IN WHICH CASES THE GUARDIAN AND THE PROTECTOR ARE NOT ENTITLED TO
RECEIVE REMUNERATION: When they have been removed by their fault, they shall not be entitled
to receive any retribution.

180. HOW THE ACCOUNTABILITY OF THE GUARDIANSHIP PROCEEDS: It will be made before
the judge with the intervention of the procurator and the Attorney General's Office of the Nation.

181. THE GUARDIAN'S DECISION TO PROCEED IF THE GUARDIAN DOES NOT WISH TO
RENDER AN ACCOUNT: It will necessarily be done in an oral trial

182. WHEN THE ACTIONS OR OBLIGATIONS THAT RECURRENTLY CORRESPOND TO THE

GUARDIAN AND THE EX PUPIL: They are extinguished five years after the end of the exercise of
the guardianship.

183. WHAT ARE THE DIFFERENCES BETWEEN TUTELA AND PATRIA POTESTAD: Patria
Potestas Tutela Only exercised by parents Not exercised by parents Does not require discernment
If it requires discernment No remuneration If they are entitled to remuneration No guarantee
required Yes guarantee required

184. CONSISTE OF THE CURATELA: Consists of the guardianship of those declared in a state of
interdiction.

ROYALTIES

Definition, Classification, Ownership, Co-ownership, Possession.

185. DEFINITION OF GOODS: They are all those things that are susceptible of appropriation and
that are of use to mankind:

186. CLASSES OF ESTATE ACCORDING TO LAW: □ When the assets that form it are
expropriated □ When it is demonstrated the utility and necessity for the family that the estate be
extinguished □ When without just cause and without judicial authorization the family ceases to
inhabit the house that should serve as its dwelling, or to cultivate on its own account the linked plot
or property □ When all the beneficiaries cease to have the right to receive alimony □12. d) Cannot
be encumbered: family property cannot be constituted on real estate that is encumbered e) Cannot
be encumbered: family property cannot be encumbered

187. WHAT OTHER KINDS OF PROPERTY ARE THERE: □ Movable property: property that can
be moved from one place to another without impairing its existence. □ Due to expiration of the term
for which it was constituted

188. WHAT OTHER PROPERTY IS CONSIDERED MOVABLE PROPERTY UNDER THE LAW:
Art. 451 # 1 to 6 and art. 455 (livestock) - # 4º the shares or quotas and obligations of the
companies involved, even when they are constituted to acquire real estate or for building or other
commerce, on this kind of goods, (e.g. debentures) - # 5º the credit rights referring to furniture,
money or personal services.

189. WHAT OTHER PROPERTY IS CONSIDERED PROPERTY UNDER THE LAW: Art. 455 # 1
to 7 and art. 446 12□ rresponds to individuals by virtue of having a legal title which protects them.
Art. 460 Private domain: are those whose ownership belongs to the state or its institutions. Art. 457
□ Non-fungible goods: Those goods that cannot be replaced by others of the same quality, quantity
or kind. Ex. A work of art. Art. 454. □ Fungibles: are those goods that can be replaced by others of
the same quality, quantity or kind. Ex. Money, art. 454. □ Accessories: this is when it is an asset that
is attached to the asset formed as a whole. Ex. One door, art. 449 □ Principal: it is when it is an
asset in its entirety. Ex. A house. Art. 447 □ Real estate assets: are those that cannot be moved
from one place to another without impairing their existence.

. Real estate: when the animals are put to the service or exploitation of a farm.

190. a) Goods of common use: these are those goods that are owned by the state, however, they
can be used by all persons, taking into account the provisions of the law. Ex. Parks, squares,
bridges, streets, etc. Art. b) Assets for non-common use: are those assets that are the property of
the state or its institutions and that only certain persons may use, e.g., the IGSS facilities, only
certain persons are allowed to use them.

191. HOW SEMOVENTS ARE DIVIDED: □ # 7º animal nurseries, dovecotes, apiaries, apiaries,
fish ponds or analogous breeding grounds, when the owner has placed them or keeps them for the
purpose of keeping them permanently attached to the estate. □ # 6º docks and docks and
constructions which, even if floating, are intended by their purpose and conditions to remain at a
fixed point on a river, lake or coast, □ # 5º railroads and their tracks, telegraph and telephone lines,
and fixed radiotelegraph stations, □ # 4º pipelines, water, gas or gas pipelines, and fixed
radiotelegraph stations, □ # 4º water pipelines, water, gas or gas pipelines, and fixed radiotelegraph
stations.□ # 3º the constructions attached to the ground in a fixed and permanent manner □ # 2º the
trees and plants while they are attached to the ground and the unharvested fruits, □ # 1º the soil, the
subsoil, the air space, the mines while they are not extracted and the waters found on the surface or
within the ground, □13. in the law (when there is a covenant of indivision, medianería and horizontal
property). 13

192. WHAT OTHER NAME ARE THE SEMOVIENT GOODS KNOWN AS: Dual-quality goods

193. DEFINITION OF REAL RIGHTS: It is the power that people have over certain property in an
immediate and direct way and that can be enforceable against third parties.

194. CLASSIFICATION OF RIGHTS IN REM: a) Rights in rem of disposition and enjoyment b)

Rights in rem of mere enjoyment c) Rights in rem of guarantee

195. DEFINITION OF REAL RIGHT OF DISPOSITION AND ENJOYMENT: It is that power that
covers the disposition of an asset and at the same time allows the enjoyment of the same asset.

196. WHICH REAL RIGHT OF DISPOSITION AND ENJOYMENT IS CONSIDERED AS A REAL

RIGHT BY EXCELLENCE: The property

197. DEFINITION OF OWNERSHIP: It is the right of a person to enjoy and dispose of property
within the limits and with the observance of the obligations established by law. Art. 464

198. MODES OF ACQUIRING OWNERSHIP: 1) Original 2) Derivatives

199. ORIGINAL MODE: It is that which is acquired in an original way, that is to say that no one has
previously owned the property, or it is presumed that this is the case.

200. HOW THE ORIGINAL MODES MAY BE: a) Occupation b) Usucapion c) accession

201. DEFINITION OF OCCUPATION: It is an original way of acquiring ownership of movable or

immovable property.

202. REAL PROPERTY CAN BE OCCUPIED: Real property cannot be occupied, since it belongs
to the nation.

203. WHICH PROPERTY MAY BE MOVABLE OR SEMOVIENT PROPERTY THAT MAY BE

OBJECT OF OCCUPATION: 1) Art. 591 stones, shells, and other substances found on the banks of
the sea, rivers and streams of public use and which do not show signs of prior ownership; 2) Things
whose ownership is voluntarily abandoned by their owner; 3) Art. 592 treasure discovered: treasure
found on one's own land belongs entirely to the discoverer, treasure found on another's land shall
be divided equally between the owner of the land and the person who made the discovery. The
finder shall not be entitled to his share except when the discovery is fortuitous or when he has
searched for the treasure with the permission of the owner of the land. 4) Hunting and fishing: art.
600 are susceptible to occupation by hunting and fishing, wild and wild animals Can they catch a
sailfish? No because it is prohibited 5) Ferocious animals art. 605 ferocious animals that escape
from the confinement in which their owners keep them, may be destroyed by anyone and may also
be occupied as soon as the owner abandons his pursuit. 6) Domestic animals art. 610 domestic
animals that are born and bred ordinarily under the dominion of man, even if they leave his power,
he may reclaim them from anyone who retains them, paying the expenses of their feeding if they
have been caused.

204. MEANING OF SHOW PROPERTY: Property without an owner

205. WHAT PROCEEDS WITH PROPERTY SHOWN: Whoever finds a piece of property or
livestock apparently lost and whose owner is unknown, must present it to the municipal authority
closest to the place where the discovery took place. The authority that receives the found property
shall make the fact known to the public, and if a public deed has elapsed

206. WHAT OTHER NAME IS USUPLICATION GIVEN IN DOCTRINE: Acquisitive Prescription

207. WHO CAN ACQUIRE BY USUMPTION: All persons capable of acquiring by any title can
acquire property by usucaption.

208. WHAT PROCEEDS WHEN THE RIGHT OF POSSESSION OF A PROPERTY IS ACQUIRED

BY VERBAL INHERITANCE FROM THE PARENT TO THE CHILD: An affidavit is made in a public
deed.

209. WHAT OTHER NAME IS GIVEN TO THE RIGHT TITLE IN DOCTRINE: Titulo
Colorado

210. WHEN THE REGISTERED POSSESSION OF A PROPERTY BECOMES A DOMAIN

POSSESSION: Once the term of ten years from the date of the registration of the title in the
Property Registry has expired, it becomes a domain registration and can be opposed to any other
property registration related to the same property.

211. DEFINITION OF ACTION: It is an original way of acquiring the property over the natural or
civil fruits that produce the property of a person or what is joined or incorporated to such property
which belongs to him in accordance with the provisions of the civil code.

212. DEFINITION OF NATURAL FRUITS: They are the spontaneous productions of the earth, the
offspring of animals and other products obtained with or without the industry of man. Ex. Orange
harvests

213. DEFINITION OF CIVIL FRUITS: They are products of negotiations between men. Ex. A
house is given on lease, then the rent is considered as a civil fruit.

214. HOW THE ACTION IS DIVIDED: a) Discrete accession b) Continuous accession

215. WHAT DISCRETE ACCESSION CONSISTS OF: It is an original way of acquiring ownership
of the natural and civil fruits that belong to the owner of the thing that produces them.

216. 15□ A legalized testimony of a public deed □ A private document □ If, after the established
term, no person justifying its ownership is presented, it will be sold at public auction.

217. WHAT PROCEEDS WHEN THE OWNER RECOVERS THE LOST GOOD OR THE PRICE
OF THE LOST GOOD: The owner of the found good is obliged to pay the expenses and to pay the
finder ten percent of the value of the thing or of the proceeds of the sale.

218. WHAT THIS RIGHT IS NAMED: Right of salvage art. 680

219. WHAT PROCEEDS WHEN GOODS ARE FOUND IN THE SEA BANK THAT HAVE BEEN
THROWN TO SEA BY SAILORS: Art. 599 The things that the navigators throw in the water and in
the air to lighten the ship are not presumed abandoned by their owners, nor the spoils coming from
the casualty.

220. WHAT THE ABOVE SHAPE IS CALLED: Pitching

221. THINGS THAT HAVE BEEN TAKEN OUT TO THE PUBLIC STREET FOR THE PURPOSE
OF SAVING THEM CAN BE OCCUPIED: Things that are taken out to the public street or to another
place, in case of earthquake, fire or other disaster, are not presumed to have been abandoned.
222. DEFINITION OF USUPLUSION: It is an original way of acquiring the property by the passage
of time established by law by virtue of having had possession.

223. WHICH REQUIREMENT IS INDISPENSABLE TO ACQUIRE USUPLICATION: Possession

224. DEFINITION OF POSSESSION: It is the dominion over an asset. Art. 612 A possessor is he
who exercises over an asset all or some of the faculties inherent to ownership.

225. DIFFERENCE BETWEEN POSSESSION AND OWNERSHIP OF REAL PROPERTY: The

difference is specifically that ownership is registered in the general property registry and possession
is not.

226. WHAT ARE THE CONDITIONS FOR POSSESSION TO PRODUCE DOMAIN: (FOR
USUPLICATION) 1) It must be based on a just title 2) Acquired in good faith 3) Continuously 4) In a
public manner 5) In a peaceful manner 6) For the period of time established by the law

227. WHAT TIME IS THE TIME SPECIFIED BY LAW: Art. 651 Except for special provisions,
ownership of real property and other rights in rem thereon is acquired by prescription by the lapse of
ten years. Movable and movable property for a period of two years.

228. TRANSMISSION OF POSSESSION: Possession continues by right in the person of the

successor. The possessor may add to his possession the possession of his predecessor or
predecessors, provided that both possessions have the legal requirements.

229. WHAT DISCONTINUOUS POSSESSION CONSISTS IN: Art. 630 there is discontinuity of
possession when the thing possessed is abandoned or unoccupied for more than one year, or
before, when the intention is expressly or tacitly manifested not to keep it.

230. DEFINITION OF JUST TITLE: Art. 621 It is a document that accredits possession, which
being a transfer of ownership has some circumstance that makes it ineffective to verify the
alienation by itself.

231. WHAT PROCEDURE MUST BE FOLLOWED IN ORDER TO REGISTER A RIGHT OF

POSSESSION: The supplementary title process

EXAMPLES OF FAIR TITLE:

232. WHAT AVULSION CONSISTS OF: When the current of a stream, torrent or river separates
from its bank a known portion of land, and carries it to the bordering or lower estates, the owner of
the property that bordered the segregated bank retains ownership of the portion of land
incorporated; but if within 6 months, he does not exercise his right, he loses it in favor of the owner
of the land to which he has added the portion of land that has been removed.If, however, within a
period of six months, he does not exercise his right, he loses it in favor of the owner of the land to
which the portion of land taken away has been added. (It is what the force of the river pulls and
drags out of a field, in a sudden flood and carries it to another lower field or to the opposite bank
when it is of such consideration that it can be known and distinguished).

233. WHAT IS THE FLOOD: It belongs to the owners of the lands bordering streams, torrents,
rivers and lakes, the increase that they receive gradually by accession or sedimentation of the
waters. (It consists of the increase of land that the river gradually incorporates to the riparian farms).

234. DIFFERENCE BETWEEN AVULSION AND AVULSION: In the avulsion is a known portion of
land suddenly (overnight) and belongs to the original owner as long as he exercises his right within
6 months as provided by law. While the alluvium does so gradually, the river gradually builds up a
person's property.

235. WHAT RIVER CAUSES CONSIST OF: Known in the doctrine as mutation of cause. Art. 673.
The riverbeds that are abandoned due to a natural change in the course of the waters belong to the
owners of the riparian properties for the entire respective length. If the abandoned riverbed
separated properties of different owners, the new dividing line will run equidistant from each other.

236. WHAT ISLAND FORMATION CONSISTS: Art. 678. The islands which, by successive
accumulation of upper drags, are formed in the estuaries, belong to the owners of the banks or
shores nearest to each, or to those of both banks if the island is hal □ Causes of rivers □ Alluvium □
Avulsion □16. It is an original way of acquiring ownership over a thing because it is attached to or
incorporated into a property belonging to the owner of the same.

237. HOW CONTINUOUS ACCESSION IS DIVIDED: - It can be from movable to immovable - It

can be from movable to movable - It can be from immovable to immovable.

238. CONTINUOUS ACTION DIVISION FROM PROPERTY TO PROPERTY: By correspondence

239. DURATION OF THE USUFRUIT: - fixed time: when a term is established for the duration of
the usufruct - lifetime: when the usufruct lasts during the entire life of the usufructuary - purely or
under condition: the usufruct lasts until the condition for which it was created is fulfilled The usufruct
cannot be constituted to PERPETUITY: it cannot be constituted eternally.

240. PERSONAL ELEMENTS INVOLVED IN THE USUFRUPT: a) Usufructuary: the one who
receives (the beneficiary) b) Usufructuary: the one who gives (the owner)

241. WHAT PROCEEDS IF NO TERM IS ESTABLISHED IN THE USUFRUCTION: Lifetime is

understood to be

242. WHAT IS THE MAXIMUM TERM FOR CONSTITUTING A USUFRUCTION IN FAVOR OF

LEGAL PERSONS AND WHEN IT IS NOT VITAL: It may not exceed 30 years.

243. TIME PERIOD FOR CONSTITUTING USUFRUCTION ON NATIONAL PROPERTY: May not
exceed 50 years.

244. By the death of the usufructuary - By expiration of the term for which the usufruct was
constituted or by the fulfillment of the resolutory condition to which the usufruct was subject

. 16□ By deed drawn up before the mayor □ By private document □ By deed

public □ by acts of last will and testament (through a will).

245. DIVISION OF CONTINUOUS ACTION FROM FURNITURE TO FURNITURE: a) Union: art.

686 when two movable things belonging to different owners are united in such a way that they come
to form one, without bad faith, the owner of the principal acquires the accessory by paying its value.
b) Conmixtión: art. 695. Also called confusion, if two things of equal or different size are mixed by
will of their owners or by chance and the things are not separable without detriment, the owner in
whose power the confusion or mixture has occurred, may acquire for himself the mixed or confused
thing, returning to the other owner the value proportional to the part that corresponds to him. c)
Specification: Art. 698. He who in good faith uses, in whole or in part, another's material to form a
thing of a new kind, shall make the work his own, provided that the artistic merit of the latter
exceeds in price the material whose value the owner will compensate.

246. DIVISION OF CONTINUOUS ACTION FROM FURNITURE TO PROPERTY: Art. 659. Any
construction, sowing, planting, or work done on or under the ground shall be presumed to have
been done by the owner at his own expense and to belong to him.

247. WHAT IS THE DERIVATIVE MODE: They are those that are acquired in a derivative way,
that is to say that they already have a previous domain, which means that they are given by transfer
of ownership.

248. a) Between living persons: e.g. sale, exchange and donation between living persons b) By
cause of death: e.g. testamentary hereditary succession, intestate hereditary succession and
donation by cause of death.

249. DEFINITION OF REAL RIGHT OF MERE ENJOYMENT: It is that power in which one can
only enjoy an asset, but cannot dispose of it.

250. CLASSIFICATION OF REAL RIGHTS OF MERE GOODS: ⇒ Usufruct ⇒ Use ⇒ Habitation ⇒

Servitude ⇒ Easement.

251. DEFINITION OF USUFRUCTION: It is a real right of mere enjoyment by which a person may
enjoy a property belonging to others and dispose of its fruits in a limited manner with the obligation
to return it at the expiration of the term or upon fulfillment of the condition. Ex. The shares

252. WAYS IN WHICH THE USUFRUCT CAN BE CONSTITUTED:

- By the reunion of usufruct and ownership in the same thing (confusion) - By prescription - By
resignation of the usufructuary - By loss of the thing usufructuated - By the cancellation or cessation
of the right of the usufructuary (Usufructuary) - By the cancellation or cessation of the right of the
usufructuary (Usufructuary)

253. DEFINITION OF USE: It is a real right of mere enjoyment that consists of using another's
thing limited to the needs of the user and his family, regulated by the title that constituted it with the
obligation to return it. Ex. A machete

254. DEFINITION OF DWELLING: It is a real right of mere enjoyment that is acquired by means of
a contract on real estate property limited to inhabit by the person who has this right and his family.
Ex. A house to live in.

255. DIFFERENCES BETWEEN USE AND HABITATION: I. The use can be given on movable and
immovable property and the habitation only on immovable property. II. The use serves to take
advantage of the property and the habitation only to inhabit it III. Use is free but charges can be
made and the room can only be free of charge
256. DIFFERENCES BETWEEN USUFRUCTION AND USE AND DWELLING: i. The usufruct can
be for individuals and legal entities, while the use and habitation is only for a person and his family
ii. The usufruct is unlimited while the use and habitation will be limited to the needs of the person
who has the right and his family iii. The usufruct is not necessary to grant a guarantee, while the use
and habitation are necessary. Art. 749 iv. In the case of usufruct, the fruits can be taxed, while in the
case of use and habitation they cannot. Art. 748

257. SIMILARITY BETWEEN USUFRUCTION, USE AND DWELLING: 1) All are real rights of
mere enjoyment 2) All are temporary and not perpetual 3) All have Erga Homnes effectiveness:
effectiveness against third parties (men) 4) In all of them rights and obligations are constituted.

258. DEFINITION OF SERVIDUME: It is a real right of mere enjoyment consisting of an

encumbrance to be imposed on a real property in favor of another.

259. a) Servient property: is the property that suffers an encumbrance (suffers the easement) b)
Dominant property: is the property in favor of which the easement is constituted.

260. WHAT IS SERVIDUMBRE PATERS: When the owner of two properties encumbers a property
in favor of another property owned by him.

261. CLASSIFICATION OF SERVANTS: art. 754 - Continuous: are those easements whose use
does not require any actual act of man (without human intervention) - Discontinuous: are those
easements whose use requires any actual act of man (with human intervention) - Apparent: are
those that are announced by works or external signs arranged for their use and exploitation, e.g., a
legal easement of way - Not apparent: are those that do not present any external sign of their
existence, e.g., underground wiring - Voluntary: are when the owners of the properties voluntarily
establish an easement A legal easement of way - Not apparent: they are those that do not present
external signs of their existence, e.g. subway wiring - Voluntary: when the owners of the property
voluntarily establish an easement - Legal or forced: when the same law authorizes to constitute the
easement directly.

262. CHARACTERISTICS OF SERVIDUM: o Inseparability o Indivisibility

263. TYPES OF SERVIDUME: - Aqueduct easement: art. 760 - Abutment easement: art. 778 -
Watering place and water withdrawal easement: art. 781 - Legal right of way: art. 786 - Easement to
establish telephone communication: Art. 796 - Electric power transmission easement: art. 797 -
Legal drainage easement: art. 798 - Easement of light or view: art. 517 - Easement for aerial
vehicles: art. 797 - Illuminated water easement: Art. 585

264. WHAT KIND OF EASEMENT IS IT WHEN A FOOTING OR FOUNDATION FOR A

FOOTBRIDGE IS INSTALLED ON A PIECE OF LAND:

265. WHAT EASEMENT IS CONSTITUTED TO PREVENT BLOCKING THE VIEW OF A LOT OF

LAND AND THE NEIGHBOR IS REQUESTED THAT HE CAN ONLY BUILD UP TO A SATELLITE
EASEMENT.

266. HOW VOLUNTARY SERVANTS ARE EXTINGUISHED: a) By non-use b) When the premises
reach, through no fault of the owner of the servient estate, such a state that the easement can no
longer be used. c) By gratuitous or onerous remission, made by the owner of the dominant property
d) When constituted by virtue of a revocable right, the term expires, the condition is fulfilled or the
circumstance that must terminate the right occurs.

267. WHEN LEGAL SERVANTIES PRESCRIBE: Legal easements established for public or
communal utility are lost after five years of non-use.

268. DEFINITION OF A REAL RIGHT OF GUARANTEE: It is a real right that guarantees the
fulfillment of an obligation, knowing that the right is used as long as the obligation is not fulfilled.

269. CLASSIFICATION OF SECURITY LIABILITY RIGHTS: - Mortgage - Pledge

270. DEFINITION OF MORTGAGE: It is a real right of guarantee that consists of an encumbrance

that will be constituted on a real estate, but that will guarantee the fulfillment of an obligation.

271. NO DEFAULT BALANCE ON THE MORTGAGE: No outstanding balance

272. WHAT IS THE INSOLVENT BALANCE: Art. 823 is the difference between the principal debt
and the amount at which the property was foreclosed when it was secured.

273. CHARACTERISTICS OF THE MORTGAGE: a) It is indivisible: and as such it subsists in its

entirety on the totality of the mortgaged property. Art. 825

274. WHAT IS THE REDUCTION OF THE MORTGAGE: Art. 826 consists of the release of
mortgage liens on certain assets, when more than 50% of the debt has been paid (this occurs only
when two or more real estate assets are mortgaged). 17□ Heliport easement □ Cable easement □5
Mts: Viewing easement.

275. WHAT OTHER SERVANTIES ARE THERE: International easements:

276. WHICH PROCEEDS WHEN THE REDUCTION OF THE MORTGAGE CANNOT BE MADE
BY MUTUAL AGREEMENT: It shall be done judicially by means of an oral trial.

277. TO THE EXTENT TO WHICH THE MORTGAGE EXTENDS: ⇒ to the natural accessions and
improvements ⇒ to the new buildings that the owner constructs and to the new floors that he erects
on the mortgaged buildings ⇒ to the rights of the debtor in the excesses of the surface of the real
estate ⇒ to the indemnities that refer to the mortgaged property, granted or due to the owner by
insurance, compulsory expropriation or damages ⇒ to the easements and other rights in rem in
favor of the real estate ⇒ to the easements and other rights in rem in favor of the real estate.to
easements and other rights in rem in favor of the real property.

278. WHO CAN MORTGAGE: Only the person who can alienate can mortgage, and only real
estate that can be alienated can be mortgaged.

279. IN WHICH CASES THE MORTGAGE IS NOT EXTENDED: Art. 834. When an agrarian
pledge has been constituted

280. A MORTGAGED PROPERTY MAY BE ASSIGNED: Art. 836 if they can be disposed of

281. WHAT IS THE OBLIGATION: The seller must indicate to the buyer that the real estate object
of the business is mortgaged. And the buyer will determine whether to accept it or not.
282. WHEN MORTGAGED PROPERTY CANNOT BE SOLD: When it is established in contracts
that refer to bank loans.

283. a) Real estate destined to family assets b) Assets acquired by inheritance, bequest or
donation when the testator has set such condition (may not exceed 5 years) c) The right of use and
habitation.

284. HOW THE MORTGAGE IS CONSTITUTED AND ACCEPTED: Art. 841 must be expressly

285. WHAT IS A SECOND MORTGAGE: It is when a mortgage is constituted on real estate that
has already been mortgaged. (It is mortgage on mortgage)

286. WHAT PROCEEDS WHEN THE GUARANTEE IS INSUFFICIENT BECAUSE THE VALUE
OF THE MORTGAGED PROPERTY HAS DECREASED: Art. 845. If the guarantee is not sufficient,
the obligee may demand that the guarantee be improved until it is sufficient to meet the obligation. If
the insufficiency of the guarantee is proven by expert evidence and the debtor does not improve
within the term indicated by the judge, the term shall be deemed to have expired and the credit shall
be collected.

287. WHAT SUB-MORTGAGE CONSISTS: Art. 852. It is a real security right that encumbers a
credit secured by a mortgage to guarantee the fulfillment of an obligation.

288. DEFINITION OF PLEDGE: It is a real right of guarantee that consists of a lien that will be
constituted on a movable property, but to guarantee the fulfillment of an obligation.

289. UNDISOLVED BALANCE ON THE LOAN: None, unless otherwise agreed.

290. By means of what document is the pledge recorded? - In a public deed: when the notary and
the grantors intervene - In a private document: only between private individuals without the
intervention of the notary

291. IN WHICH CASES IT IS OBLIGATORY TO PROVE THE PLEDGE IN PUBLIC WRITING:

When the property is subject to registration. (Since testimonials are the only ones we can use for
enrollment)

292. CLASSES OF CLOTHING: - Agricultural clothing - Livestock clothing - Industrial clothing

293. WHAT AGRICULTURAL PLEDGE CONSISTS IN: It is when a pledge is constituted on crops
for the fulfillment of an obligation.

294. INDUSTRIAL PLEDGE: It is when a pledge is constituted on machinery used in the industry
always for the fulfillment of an obligation.

295. WHAT IS A LIVESTOCK PLEDGE: It is when a pledge is constituted on livestock for the
fulfillment of an obligation.

296. DEFINITION OF FAMILY ESTATE: It is the legal-social institution by which one or more
assets are destined to the protection of the home and support of the family.

297. CHARACTERISTICS OF THE FAMILY ESTATE: a) It is indivisible: the estate is constituted

on all the assets b) Inalienable: because it cannot be alienated, transferred or donated c)
Unattachable: because it cannot be seized 11

. Private domain: those whose ownership belongs to the state or its institutions. Art. 457 □ Non-
fungible goods: Those goods that cannot be replaced by others of the same quality, quantity or kind.
Ex. A work of art. Art. 454. □ Fungibles: are those goods that can be replaced by others of the same
quality, quantity or kind. Ex.

Money, art. 454. □ Accessories: this is when it is an asset that is attached to the asset formed as a
whole. Ex. One door, art. 449 □ Principal: it is when it is an asset in its entirety. Ex. A house. Art.
447 □ Real estate assets: are those that cannot be moved from one place to another without
impairing their existence.

298. DEFINITION OF EXPROPRIATION: It is when the state dispossesses one or several persons
of their property, it is usually done legally and for reasons of public utility.

299. WHEN EXPROPRIATION TAKES PLACE: Compensation must be paid prior to the
expropriation, Art. 467 c. civil and art. 40 CPRG

300. WHAT IS THE MINIMUM TERM FOR ESTABLISHING FAMILY ESTATE: A term of not less
than ten (10) years.

301. WHAT IS THE MAXIMUM TERM FOR CONSTITUTING FAMILY ESTATE: A term of twenty-
five (25) years, when it is a legal estate.

302. WHAT IS THE EXCEPTION THAT PROPERTY CANNOT BE TAXED AND CANNOT BE
TAXED: The exception is easements.

303. DIFFERENCE REGARDING WHICH ESTATE CANNOT BE TAXED AND WHICH CANNOT
BE TAXED: Family property cannot be constituted if the property is taxed and if the property is
constituted family property it cannot be taxed.

304. TYPES OF FAMILY ESTATE: - Voluntary: when there is consent art. 354 - Judicial: when it is
given in a forced form (in oral trial) art. 360 - Legal: when the state proceeds to parcel and distribute
a national property, it may give each parcel the character of family patrimony.

305. 1) The family estate may be constituted on the following assets: 1) Residential houses 2)
Cultivable land or plots of land 3) Industrial and commercial establishments

306. WHAT IS THE MAXIMUM VALUE UPON WHICH FAMILY ESTATE CAN BE
CONSTITUTED: Not to exceed Q. 100,000.00 at the time of incorporation.

307. HOW MANY FAMILY ESTATES MAY BE ESTABLISHED FOR EACH FAMILY: Only one
family estate per family.

308. WHEN THE FAMILY ESTATE ENDS: Semi-sheep: all animals considered as livestock in
general. Art. 455

309. WHAT ARE THE OBLIGATIONS OR LIMITS SET BY LAW: 1) Abuse of rights: art. 465 the
owner, in the exercise of his right, may not carry out acts that cause prejudice to other persons and,
especially in his industrial exploitation works, is obliged to abstain from any excess harmful to the
neighbor's property. 2) Compulsory expropriation: art. 467 property may be expropriated for reasons
of collective utility, social benefit or public interest, subject to compensation determined in
accordance with the expropriation law. 3) Subsoil and subsoil: art. 473 the property extends to the
subsoil and subsoil, as far as it is useful to the owner. Ex. That the owner of a property can build
upwards and downwards. 4) Prohibition to make excavations that damage the neighbor: art. 474
excavations or constructions that weaken the soil of the neighboring property may not be made on a
property, without the necessary consolidation works being carried out to avoid any further damage.
5) Demarcation and demarcation: art. 475 The demarcation consists of establishing the limits
between two properties (determining how far the property reaches) and the demarcation consists of
determining the limits and then marking them with signs. 6) Buildings not allowed: art. 479 no one
may build at less than two meters distance from another's wall or party wall, wells, sewers... without
building the necessary protection works... (Prohibition to build constructions that threaten the health
of the neighbor, therefore it is necessary to follow the sanitation laws) 7) Prohibition of acts that
damage a party wall: art. 480 may not be placed against a party wall dividing two properties of
different owners, any accumulation of earth, garbage or other materials that may damage the health
of people and the solidity and safety of the buildings. 8) Planting trees near another's land: art. 481
trees must not be planted near another's property, but at a distance of not less than three meters
from the dividing line, if the plantation is of large trees, and of one meter if the plantation is of
bushes or small trees. (The felling of the tree can be requested, through a summary judgment) 9)
Dangerous work: art. 484 if a building or wall threatens danger, the owner may be obliged to
demolish it or to carry out the necessary works to avoid it. (Demolition of dangerous work can be
requested through a summary judgment).

310. WHICH LIMIT TO PROPERTY HAS CONSTITUTIONAL RANKING: Expropriation

311. WHEN THE INDEMNIFICATION IS CARRIED OUT: Before the expropriation is carried out.

312. WHY EXPROPRIATION IS CONSIDERED WITH CONSTITUTIONAL RANGE: Because it is

regulated in the Political Constitution of the Republic of Guatemala in art. 40 which establishes that
"in specific cases, private property may be expropriated for reasons of collective utility, social benefit
or public interest duly proven... the compensation must be prior and in effective currency of legal
tender..."

313. WHAT IS A CLAIM: It is when the owner has the right to bring an action against another
person to have his property returned to him. The claim comprises only ownership issues only.

314. AS THE REINDICATION IS KNOWN IN DOCTRINE: Publicity Action

315. WHAT IS THE SPECIAL FORM OF PROPRIETORSHIP: Co-ownership

316. DEFINITION OF CO-PROPRIETORSHIP: A special form of ownership in which a property or

a right belongs pro indiviso to several persons.

317. PRO INDIVIDUAL PROPERTY: Means that a property is not divided, in such a way that a co-
owner owns a part of that property and at the same time the whole property.

318. WHAT IS THE MOST IMPORTANT aspect of co-ownership: The most important aspect is the
right of first refusal.
319. WHAT IS THE RIGHT OF TITLE: It is the preferential right that the co-proprietors have in
equal conditions to acquire the share of another co-proprietor who wants to alienate his share. Art.
491

320. HOW DOES THE OWNERS BE NOTIFIED OF THE DECISION TO SELL THE PART OF
THE PROPERTY THAT BELONGS TO THEM: By means of a notarial act of notification.

321. PERSONS CAN BE FORCED TO REMAIN IN JOINT OWNERSHIP: An owner cannot be

forced to remain in joint ownership, except in the cases indicated □ Furniture: livestock in general
are considered as such once they are not put to the service of the exploitation of a farm □ Art. 446
real property rights over real property and the shares securing them are considered real property.

322. WHAT IS THE COST OF THE INDIVISION COVENANT: It consists in the fact that the
agreement to keep the undivided thing for a determined period of time will be valid.

323. WHAT IS THE TERM FOR THE INDIVISION AGREEMENT: A term of 3 years.

324. CAN THE INDIVISION AGREEMENT BE EXTENDED: Yes, it can be extended for a new
convention.

325. WHEN THE DIVISION IS IMPROPRIATE: The co-owners may not demand the division of the
common thing, when making it unusable for the use to which it is destined. In this case, if the
condominium owners do not agree that it be awarded to one of them, compensating the others, it
shall be sold and the price shall be divided.

326. WHAT ARE THE TWO WAYS IN WHICH CO-PROPRIETORSHIP CAN TERMINATE: a)
Voluntary: when the co-ownership terminates by agreement of wills in its totality. b) Judicial: occurs
when there is no agreement of wills c) Legal: occurs in the cases specified by law (e.g., when there
is no agreement of wills). for destroying or damaging that property)

327. HOW DOES THE DIVISION OF THE CO-PROPRIETORSHIP PROCEDURE WHEN IT IS

TERMINATED VOLUNTARILY AND BEFORE WHOM IT CAN BE CARRIED OUT: It is carried out
before a notary public and it is executed in a public deed of partition.

328. HOW DOES THE DIVISION OF THE JOINT OWNERSHIP PROCEDURE WHEN IT IS
JUDICIALLY TERMINATED AND BEFORE WHOM IT CAN BE CARRIED OUT: It is presented
before a competent judge and this judge will resolve the same in an oral trial and it is known as the
Division of the common thing.

329. DEFINITION OF MEDIANSHIP: art. 505 It is when a wall, ditch, fence, ditch that serves as a
boundary or separation of two contiguous properties, is presumed to be common to both owners.

330. WHICH IS THE EXCEPTION FROM THE NON-OBLIGATION TO REMAIN IN JOINT

OWNERSHIP: The party party wall

331. WHAT ARE THE CONTRARY SIGNS TO MEDIANSHIP: Art. 506 # 1º to 9º ♦ # 1º when there
are windows or open holes in the dividing walls of the buildings ♦ # 2º When knowingly all the wall
fencing or hedge are built on the land of one of the properties and not by half between one and the
other of the two adjoining ♦ # 3º when the wall supports the loads of runs floors and trusses of one
of the possessions and not of the adjoining one. ♦ # 4º when the dividing wall between courtyards,
gardens and other properties, are built so that the albardilla falls towards only one of the properties
♦ #5º when the dividing wall built of masonry, presents stones called pasaderas that from distance
to distance comes out of the surface only on one side of the wall and not on the other side. ♦ # 6º.
When the wall divides a building of which it forms part and a garden, field, corral or place without a
building ♦ # 7º when a property is enclosed or defended by a fence, hedge or hedges and the
adjoining properties do not have them ♦ # 8º when the fence that completely encloses a property is
of a different species from that of the neighboring property on the sides adjoining the first. 9º when
in wire fences of any kind, the wire is nailed to the posts or hedges that support it, only on the side
of one property and not on the side of the adjoining property.

332. HORIZONTAL PROPERTY DEFINITION: When a person owns a floor, apartment or room in
a building with more than one floor. And at the same time it becomes co-owned by all the
inhabitants of the building. Ex. Stairways, corridors, elevators and everything that is part of the same
building.

333. WHAT IS HORIZONTAL PROPERTY OTHERWISE NAMED: Horizontally divided property

334. HOW THE HORIZONTAL PROPERTY ORIGINATES: (a) When the common owner or
owners of a building decide to submit it to this regime in order to carry out any legal business with all
or part of its different floors, once they have been registered in the property registry as independent
estates; b) When one or more persons construct a building for the same purpose c) When in a last
will disposition the heirs or some of them are instituted as legatees of floors of the same building
subject to horizontal property.

335. WHAT QUALITY THE PROPERTY MUST HAVE TO BE HORIZONTAL PROPERTY: The
property to be constituted as horizontal property must be free of encumbrances.

336. DEFINITION OF FLOOR: It is the set of apartments and rooms built on the same horizontal
plane, in a multi-story building.

337. DEFINITION OF APARTMENT: It is the construction that occupies part of a floor.

338. DEFINITION OF ROOM: It is the space, constituted by a single room

339. PROHIBITIONS FOR OWNERS OF THE FIRST AND LAST FLOOR: The owner of the
second floor may not make basements or excavations of any kind, unless authorized. And the
owner of the top floor may not raise the level of said floor except with the unanimous consent of the
other owners and must have municipal authorization.

Inheritance Law Institution:

a. definition and elements

b. inheritance and legacy

c. Testamentary succession

d. intestate succession
340. what is the name of book iii of the civil code: hereditary succession?

341. DEFINITION OF HEREDITARY SUCCESSION: It is an institution of civil law through which

the way of transmitting the assets, rights and obligations of a person that are not extinguished by
death is studied.

342. EXAMPLE OF RIGHTS AND OBLIGATIONS THAT ARE NOT EXINGUISHED BY DEATH:
Debts are not extinguished by death.

343. EXAMPLES OF RIGHTS EXTINGUISHED BY DEATH: Usufruct, use, habitation, etc.

344. DEFINITION OF SUCCESSORY PROCESS: It is the series of progressive stages through

which assets, rights and obligations that are not extinguished by death are transmitted.

345. DEFINITION OF SUCCESSION LAW: It is the branch of law through which the set of legal
principles and norms that regulate the transmission of assets, rights and obligations that are
extinguished by death are studied.

346. WHAT ARE THE WAYS IN WHICH THE HEREDITARY SUCCESSION CAN TAKE PLACE:
⇒ Voluntary: testamentary hereditary succession (the person will dispose during his lifetime and
voluntarily of his assets through a will). ⇒ By provision of law: intestate hereditary succession (the
person does not dispose of his property during his lifetime) ⇒ Mixed: the succession may be partly
testate and partly intestate.

347. FORMS OF TRANSFERRING THE INHERITANCE: - By universal title: transferring the

inheritance in its entirety to one, two or more persons - By particular title: determining and
specifically detailing the assets to be transferred

348. DEFINITION OF INHERITANCE: All assets, rights and obligations that are not extinguished
by death.

349. HOW IT IS NAMED WHEN IT IS UNIVERSAL TITLE: Inheritance

350. WHAT IS IT NAMED WHEN IT IS A PARTICULAR TITLE: Bequest

351. WHAT DOES IT MEAN WHEN IT IS SAID THAT THE INHERITANCE IS ACCEPTED WITH
BENEFIT OF INVESTMENT: Art. 920. The heir is only liable for the debts and burdens of the
inheritance to the extent of the assets of the inheritance.

352. HOW THE LEGAL OWNER RESPONDS: Art. 920. He is only liable for the burdens expressly
imposed by the testator.

353. WHAT PROCEEDS WHEN THE WHOLE INHERITANCE IS DISTRIBUTED IN LEGACIES:

Art. 921. Legatees will be considered as heirs: (it is considered an inheritance and not a legacy).

354. WHO IS UNWORTHY: 18

355. Essential requirements

356. WHAT ARE THE SPECIAL REQUIREMENTS: - The time and place where the will is granted,
- The nationality of the testator, - The presence of 2 instrumental witnesses, - Faith of the mental
capacity of the testator in the judgment of the notary, - That the testator express by himself his will, -
That the will be read clearly and distinctly by the testator or the person he chooses, - If the testator
does not speak Spanish.If the testator does not speak Spanish, two interpreters chosen by the
testator to translate his dispositions in the act of expressing them, - That the testator, the witnesses,
the interpreters, if any, and the notary, sign the will in the same act, 19□ Special requirements □
General requirements □ When he incurs a cause of unworthiness.

357. WHO HAS THE RIGHT OF REPRESENTATION: A person's descendants

358. IN COLLATERAL LINE WHO HAVE THE RIGHT OF REPRESENTATION: Only the children
of siblings who will inherit by lineage if they concur with their uncles and aunts. (If the nephews and
nieces concur alone, they will inherit in equal shares).

359. WHAT DOES THE TERM INHERIT BY HEAD MEAN: The heirs will receive the inheritance in
equal parts, no matter how many there are.

360. WHAT DOES THE TERM INHERIT BY ESTIRPES MEAN: They will only inherit the part
corresponding to their ancestor.

361. WHAT IS TESTAMENTARY SUCCESSION: It is when there is a will.

362. DEFINITION OF A TESTAMENT: It is a purely personal and revocable act, by which a person
disposes of all or part of his property after his death.

363. WHAT ARE THE ELEMENTS OF THE CONCEPT OF A WILL: - It is an act: because it is a
unilateral declaration of will - It is personal: only the person himself can do it - It is revocable: to
leave without legal effect a previous or subsequent will - Mortis causa: it takes effect after the death
of a person - Unilateral: only one person can intervene in the act - Solemn: it must be recorded in a
public deed.

364. WHAT IS THE RIGHT OF THE TESTATOR TO DISPOSE OF HIS OR HER PROPERTY
CALLED: Freedom to Testate

365. WHAT IS THE LIMIT THE TESTATOR HAS ON THE FREEDOM TO TEST: The only
limitation consists in the right that some people have to be fed.

366. DEFINITION OF POSTUME CHILD: A child born after the death of the testator.

367. DEFINITION OF CHILD BORN AFTER THE WILL IS MADE: A child born after the will has
been made.

368. DEFINITION OF INTENDED CHILD: A child who is not mentioned in the will (if he/she was
known by the father).

369. WILL THE ABOVE HAVE OR NOT THE RIGHT TO INHERIT: Only the posthumous child and
the child born after the will is made have the right to inherit. The pretermitted child shall not have the
right to inherit.

370. IN WHAT PROPORTION SHALL THE HEIRS BE ENTITLED: It depends: if the heirs are
children of the testator or if the heirs are not children of the testator.
371. WHAT THE TERM PRORRATA MEANS: That he who has more gives more and he who has
less gives less.

372. WHO IS DISABLED TO TESTATE: - A person who has been declared in a state of
interdiction - A deaf-mute and a person who has lost the use of speech when he/she cannot
understand in writing - A person who, without being under interdiction, does not enjoy his/her
intellectual and volitional faculties for any reason at the time of testamentary testament.

373. CLASSIFICATION OF WILLS AS TO THEIR FORM: ⇒ Common wills: open common will and
closed common will; ⇒ Special wills: military will, t. maritime, t. in an incommunicado place, t. of the
prisoner, t. abroad.

374. WHAT IS THE SINECUANON REQUIREMENT FOR EXCHANGE OF OPEN JOINT

TESTAMENT: It must be executed in a public deed.

375. WHAT ARE THE REQUIREMENTS FOR GRANTING OPEN JOINT TESTAMENT: □ When
renouncing the inheritance □ When dying before the decedent, □19. A person who is incapable of
inheriting because he or she has incurred a cause of unworthiness.

376. MENTION WHICH ARE THE CAUSES OF INDIGNITY: Art. 924 # 1 to 9º - # 6º The father or
mother who has abandoned his or her minor children or who has corrupted them or tried to corrupt
them, whatever the age of the children, - # 7º the one who with fraud or coercion forces the testator
to make a will, to change it or to revoke it. - 8º Whoever by the same means prevents another from
making a will or revoking the one he has made, or supplants, conceals or alters a later will, - # 9º
Whoever exercises violence against the notary or witnesses to prevent the granting of the will or to
obtain a testament in his favor or in favor of another person.

377. WHEN INDIGNITY ACTION MAY BE EXERCED: Art. 928. An action to declare the
unworthiness of the heir can only be brought within two years of the unworthy person being in
possession of the inheritance or legacy, this action cannot be brought against his heirs, if it has not
been initiated during the life of the heir.

378. WHEN THE CAUSES OF INDIGNITY DO NOT APPLY: Art. 925 when the testator so
provides in testamentary dispositions subsequent to the events that have produced them.

379. WHO ARE INCAPACABLE TO SUCCESS BY TESTAMENT: - Ministers of worship, unless

they are relatives of the testator, - Physicians or surgeons who assisted the testator in his last
illness, if he died of it... - The notary who authorizes the will and his relatives and the instrumental
witnesses. - The guardian, the protutor, and their relatives if the accounts of the guardianship have
not been approved... - Foreign institutions, whatever their purpose may be.

380. DEFINITION OF THE RIGHT OF REPRESENTATION: It is the right that the descendants of a
person have to inherit in his place, if he has died before the deceased, when he has renounced to
the inheritance or has lost it due to unworthiness.

381. WHAT IS THE RIGHT OF REPRESENTATION: It consists of inheriting in place of her.

382. WHEN THEY CAN INHERIT INSTEAD OF HER:

 - That if the testator does not know how or cannot sign, he/she should put his/her fingerprint and
sign for him/her one more witness, who should have the same qualities as the instrumental
witnesses.

383. WHAT ARE THE ESSENTIAL REQUIREMENTS: - the time at which it is granted, - the
presence of two witnesses, - the expression by the testator of his last will, - the reading of the will, -
the signatures of those who intervene.

384. DEFINITION OF CLOSED WILL: A will that is granted, drafted and accepted by the testator
himself, using bond paper, for the drafting of the will, which must comply with the formalities
regulated by law.

385. DIFFERENCE BETWEEN THE CLOSED WILL AND THE HOLOGRAPHIC WILL: The closed
will is written on bond paper and must comply with the formalities established by law, and the
holographic will is only written on any sheet of paper in the testator's handwriting.

386. OOLOGRAPHIC WILLS ARE VALID IN GUATEMALA: These wills are not valid in
Guatemala.

387. THE FORMALITIES OF THE COMMON OPEN TESTAMENT MUST BE COMPLIED WITH
IN A CLOSED TESTAMENT: Yes, the relevant formalities must be observed.

388. IN ADDITION TO THE FORMALITIES MENTIONED, WHAT OTHER FORMALITIES MUST

THE TESTAMENT COMPLY WITH? C The escrow is delivered to the person designated by the
testator.

389. WHAT DOES THE DEPOSITARY OF THE TESTAMENT DO WHEN THE TESTATOR DIES:
He must present it to the competent judge after he learns of the testator's death, within ten days at
the latest, under penalty of being liable for damages.

390. IT IS THE NOTARY'S OBLIGATION TO REVIEW THE WILL: Yes, because the notary is
knowledgeable of the law and can determine whether or not it complies with the requirements of the
law so that the will is not null and void and can fulfill its purpose.

391. WHAT THE JUDGE ORDERS AFTER DECLARING THE WILL VALID: Orders the probate of
the will.

392. AND AFTER THE ABOVE THAT PROCEEDS: The succession process is initiated.

probate

393. TYPES OF SPECIAL TESTAMENTS: - Military testament, - Maritime testament, - Testament

in an incommunicado place, - Prisoner's testament, - Testament abroad.

394. WHAT INTERVENTION DOES THE NOTARY HAVE IN SPECIAL TESTAMENTS: The notary
does not have any intervention.

395. WHEN SPECIAL TESTAMENTS ARE VALID: They are only valid if the testator dies during
the situation to which said articles refer or within 90 days after the cessation of such situation.

396. ARE YOU SURE THAT THE WILL EXCLUDED ABROAD IS SPECIAL: Considering that
article 973, excludes the will abroad from the classification of special wills

397. WHEN THE COMMON OPEN WILL OR THE CLOSED WILL CAN BE NULL, VOIDABLE OR
REVOKED: Class of will NULL VOID VOIDABLE REVOKED If it is born to legal life and will be
voidable until It means to leave without effect It is not born to legal life that legal nullity is requested
an OPEN will It will be void when they are missing When the Both for the will is granted solemnities
that will with: a) open as well as for the closed will there are 3 ways of □ STEP 4: the act is
transcribed to the protocol (special testimony must be sent to the general archive of protocols), □
STEP 3: the act of granting of the will is facsimile on the envelope containing the will (the escrow) a
tax of Q200.00 in fiscal stamp and it must be signed by those who intervene in the act. (Copy should
be sent to the land registry), □ STEP 2: insert the will inside a closed cover (envelope) in such a way
that the will cannot be removed without breaking the escrow, □ STEP 1: present the will before the
notary and witnesses and interpreters if any, □ WRONG: & that it is not granted in (b) malice
revoking the will. Public deed, c) Express fraud: when it is & when it does not comply with art. 978
appears before a notary with the formalities to grant a will and essential to grant a public deed of
testament. The previous will is expressly revoked. Art. 982 CLOSED It shall be null and void in the
same When the Tacit: when it is granted terms that the will with: a) another will and leaves common
will violence without legal effect the open b) fraud will granted with $ in addition when c) fraud
previously appears broken the escrow that art. 978 Presumed: when it is contained. Art. 977 grants
a will and leaves assets, but during his lifetime he makes use of them or disposes of them, then the
will will will be deemed revoked.

398. WHAT IS A CONDITIONAL INHERITANCE: It is an inheritance that is left but is subject to a

condition.

399. A CONDITION CAN BE ESTABLISHED TO NOT SELL THE PROPERTY: Yes, this condition
can be established, but it will be valid until the age of majority and 5 more years of the heirs or
legatees.

400. A CONDITION OF NOT MARRYING CAN BE ESTABLISHED: This condition cannot be

established and shall be deemed not to have been set. However, the one aimed at preventing
marriage with a specific person will be valid.

401. WHAT IS A TERM INHERITANCE: The designation of the day or time in which the effect of
the institution of the heir or legatee is to begin or cease shall be valid.

402. DEFINITION OF LEGACY: 20

Not being in current service of judicial or PGN functions

403. WHAT ARE THE POWERS AND ATTRIBUTIONS OF THE ALBATHS IN ADDITION TO
THOSE DESIGNATED BY THE TESTATOR: - To dispose and pay for the testator's funerals... - To
make the necessary arrangements for the immediate security of the assets, - To make the inventory
with the intervention of the heirs and when there are none with those of the interested parties in the
assets, - To pay the debts and legacies, - To administer the assets until the heirs take possession of
them.

404. WHAT POWERS WILL HAVE THE ALBACEA AS LONG AS HE IS NOT REMOVED, NOR IS
THERE A DECLARATION OF HEIRS: To have the representation of the succession to sue and
answer in Judgment, unless prohibited by the testator.

405. WHICH IS THE TERM OF THE EXECUTOR: When the testator has not fixed it, the executor
must fulfill his office within one year counted from his acceptance or from the end of the litigations
that are promoted on the validity or nullity of the will or in some of its dispositions.

406. THE TESTATOR MAY NOT DISPENSE THE EXECUTOR FROM THE OBLIGATION TO
DRAW UP AN INVENTORY AND RENDER ACCOUNTS: These provisions shall be null and void

407. WHAT THE RENDERING OF ACCOUNTS CONSISTS OF: The executor shall give a
documented account of the executorship to the interested parties immediately after having
exercised it.

408. a) Due to negligence b) Due to abuse or misappropriation

409. WHICH ARE THE CAUSES FOR WHICH THE EXECUTORSHIP TERMINATES: - By the
death of the executor - By the executor's impossibility - By the executor's resignation - By the
executor's removal - By the expiration of the term indicated by the testator, by the law or by the
interested parties, as the case may be.

410. WHEN THE INTESTATE SUCCESSION IS GIVEN: It is given when the deceased did not
leave a will, and the provisions of the law must be observed.

411. WHEN THE INTESTED SUCCESSION TAKES PLACE: a) When there is no will, b) When the
condition placed to the institution of heir is missing, or the instituted dies before the testator, or is
incapable to inherit, repudiates the inheritance... c) When in the will there is no instituted heir and
the testator has not disposed of all his goods in legacies, d) When the testator has stopped
disposing of some or some of his goods.

412. WHAT ARE THE RULES FOR INTESTATE SUCCESSION: That l□ Not be incapable of
acquiring them by way of inheritance □ Be legally able to administer property □ Be of legal age □
Judicial: when appointed by a judge.

413. REQUIREMENTS TO BE ALBACEA: □ Voluntary: when the testator himself designates it

□21. The testator may dispose of a thing or an amount, or all or part of his property, by way of
bequest, in favor of one or more individuals or legal entities.

414. WHO IS CONSIDERED LEGATARIO: Is the person to whom something is given by will, even
without instituting him/her as heir.

415. HOW THE ACCEPTANCE OF THE INHERITANCE CAN BE: a) Express: the heir manifests
that he accepts the inheritance b) Tacit: it is given when the heir does not say anything but takes
possession of the inheritance.

416. THE INHERITANCE CAN BE ACCEPTED CONDITIONALLY OR PARTIALLY: The

acceptance of the inheritance cannot be made conditionally or partially.

417. WHAT IS THE DEADLINE FOR ACCEPTING THE INHERITANCE: - 6 months if within the
country. - 1 year if outside the republic.
418. WHAT IS THE TERM OR TERM FOR SURRENDERING THE INHERITANCE: It is the same
as the term for acceptance.

419. DEFINITION OF ALBACEA: The person to whom the testator entrusts the fulfillment of his
will.

420. WHAT ELSE IS THE ALBACEA NAMED: Executor of the will

421. WHAT IS ALBACEA CALLED IN DOCTRINE: Al waci

422. CLASSES OF ALBACEA: Intestate succession is inherited in its own right and by right of
representation.

423. WHAT IS MEANT BY INHERITANCE BY PROPER RIGHT: It is when one inherits by head,
that is to say that each one takes, in equal parts, the portion that the law assigns to him/her.

424. WHAT IS MEANT BY INHERITANCE BY REPRESENTATIVE RIGHT: It is when the division

of the inheritance will be by lineage so that the representative or representatives do not inherit more
than what their principal would inherit if he/she were alive.

425. WHO ARE CALLED TO INHERIT: - The relatives of the deceased - In the absence of the
above the State and the Universities of Guatemala, in equal parts.

426. WHAT IS THE ORDER OF SUCCESSION IN THE CASE OF RELATIVES: i. In the first place:
the children and the spouse, but on average the spouse is not entitled to community property ii. In
the absence of descendants, the closest ascendants and the spouse will succeed (in equal parts) iii.
In the absence of those called to succeed, collateral relatives up to the fourth degree of law shall
succeed.

427. IF THE CAUSANT HAS ONLY ONE GRANDchild, CAN HE/SHE BE CALLED TO INHERIT:
Yes, the grandchild can be called to inherit, since he/she has the right of representation. Art. 1081

428. UP TO WHAT DEGREE IS THE RIGHT OF REPRESENTATION RECOGNIZED: In the

straight line: representation corresponds to descendants up to the fourth degree In the collateral
line: representation corresponds only to the children of siblings, who will inherit by lineage if they
concur with their uncles and aunts.

429. THE SEPARATED SPOUSE HAS THE RIGHT TO INHERIT: If he/she has been declared
guilty of the separation in a sentence, he/she will not have the right to inherit, however, if he/she has
not been the guilty party, he/she will have the right to receive part of the inheritance.

430. IS THE DIVORCED SPOUSE ENTITLED TO INHERIT: The divorced spouse will not have
any share in the intestate estate of his or her former spouse.

431. THE SPOUSE WHO HAS ONLY BEEN IN A DE FACTO UNION (WHEN SUCH UNION HAS
NOT BEEN LEGALIZED) HAS THE RIGHT TO INHERIT: If the de facto union has not been
legalized, he/she cannot inherit, but nevertheless the law establishes that he/she can initiate the
process of post mortem de facto union, in order to have the right to inherit.

432. IN THE ABOVE CASE WHO IS SUEDED: The representative of the mortuary is sued.
HOW THE PARTITION ENDS: of identifiable furniture

433. WHEN THE PARTITION OF THE INHERITANCE PROCEEDS: When the inventory and the
administration account have been approved, the executor must immediately partition the
inheritance.

434. A COHEIR CAN BE FORCED TO REMAIN PRO INDIVIDUALLY: No co-heir can be forced to
remain pro indiviso in the estate, not even by express order of the testator.

435. PROCEEDS THE PARTITION OF PROPERTY WHEN ONE OF THE HEIRS IS ABSENT: It
proceeds when the partition of the inheritance is also requested by the legitimate representative of
the absent person.

436. WHAT IS THE ESTATE: It is considered as the set of assets remaining after the payment of
the debts of the deceased.

437. IF THE INHERITANCE STILL HAS THE CHARGES OR DEBTS INCLUDED IN IT AS IT IS

NAMED: Reliquaries

438. THE 3 ADMINISTRATIVE BODIES WERE: - Civil registry (muni) - Registry of ID cards (muni)
- Registry of citizens (TSE)

439. PRESENTLY, WHICH INSTITUTION IS IN CHARGE OF ALL ISSUES RELATING TO THE

CIVIL STATUS OF PEOPLE: The National Registry of Persons (RENAP).

440. CURRENTLY AS IT IS DISTRIBUTED: It was created as the only state institution in charge of
keeping the records of the national registry of persons.

a) Synchronous: when a law is issued and enters into force immediately b) Successive: when a law
is issued but enters into force in phases or periods.

442.IN WHAT FORM WILL THE RENAP LAW ENTER INTO LAW: In successive form

443.DO YOU CONSIDER IT LEGAL THAT THE REGISTRY OF CITIZENS BE TRANSFERRED TO

THE RENAP, AS IT IS PLANNED: I personally consider that it is not, since the registry of citizens
belongs to the supreme electoral court, and this itself is empowered in a constitutional law, while the
renap is within the ordinary laws, for all the delegations - All the delegations will be connected in a
network via internet - In the renap the necessary certifications can be requested in any of the
delegations (e.g. birth certification), no matter where it is - As for the marriage notices, they can be
delivered in the renap even if the birth and neighborhood of the parties are in another municipality,
even if the birth and neighborhood of the parties are in another municipality. As for marriage notices,
they can be delivered at the renap even if the birth and the domicile of the parties are from another
municipality. Renap will only be responsible for the registration of individuals.

444.WHAT ARE THE ADVANTAGES OF THE NATIONAL REGISTRY OF PERSONS: - There is

only one renap, but it will have at least one delegation in each municipality - The renap issues a
disposition and it is applicable
The General Property Registry:

a. definition, characteristics, registration systems:

24. DEFINITION OF PROPERTY REGISTRY: It is a public institution whose purpose is the

registration, annotation and cancellation of acts and contracts relating to ownership and other real
rights over real estate and identifiable movable property.

25. 546.HOW THIS PUBLIC INSTITUTION IS NAMED: Decree Law 106 calls it the Property
Registry, however the Political Constitution of the Republic of Guatemala calls it the General
Property Registry.

26. 547.WHICH ARE THE 3 PRINCIPLES GOVERNING THE PROPERTY REGISTRY: -

Principle of publicity - Principle of priority - Principle of legality

27. 548.WHAT IS THE PRINCIPLE OF ADVERTISING?

registry books are public, which means that any interested party may request to see them.

28. 549.WHAT IS THE PRINCIPLE OF PRIORITY: It consists in the fact that between two
or more registrations of the same date relating to the same property or right, preference shall be
determined by the earlier time of delivery of the title in the registry.

29. 550.WHAT DOES THE PRINCIPLE OF LEGALITY CONSIST OF?

30. 551.WHAT IS THE REGISTRAR'S DEADLINE FOR THE REGISTRAR TO MAKE A

REGISTRATION, CANCELLATION OR ANNOTATION: It has a term of 8 days from the date of
receipt of the document. If this gives rise to several of the aforementioned operations, the term will
be extended by an additional 6 days.

31. 552.WHICH IS THE CLASSIFICATION OF REGISTRATIONS: a) Definitive registrations b)

Temporary registrations c) Special registrations

32. 553.ON WHICH TITLES THE DEFINITIVE REGISTRATION PROCEEDS: ⇒ The titles that
The deeds evidencing the ownership of real property and of the rights in rem imposed thereon, ⇒
The deeds transferring ownership of real property and in which rights of usufruct, use, habitation,
family patrimony, mortgage, easement and any other rights in rem over real property are
constituted, recognized, modified or extinguished, ⇒ The possession evidenced by a legally issued
supplementary title, ⇒ The marriage contracts, if they affect real property or rights in rem, ⇒ The
deeds evidencing that the real property or rights in rem are subject to a horizontal regimeThe
possession evidenced by a legally issued supplementary title, ⇒ The marriage contracts, if they
affect real property or rights in rem, ⇒ The deeds evidencing that a property is subject to the
horizontal property regime, ⇒ The lease or sublease; and the lease or sublease when requested by
one of the contracting parties, ⇒ Railroads, tramways, canals, docks or public works of similar
nature, as well as ships, airships, and the encumbrances imposed on any of these assets, ... Etc.

33. 554.WHEN PROVISIONAL REGISTRATIONS PROCEDURE: Departmental department

where the registry is located.

34. 563.WITH WHAT DOCUMENT DOES A CANCELLATION REQUEST BE REQUESTED?

total payment made in public deed.

35. 564.HOW CANCELLATIONS MAY BE MADE: Cancellations may be made partially or totally

36. 565.WHICH SHALL BE CANCELLED BY THE REGISTRAR UPON WRITTEN REQUEST

BY THE INTERESTED PARTY: - mortgage registrations with a registered term, when 10 years have
elapsed after the expiration of the term and for the lapse of 2 years, the other rights in rem on
immovable property, - registrations of rights on identifiable immovable property when 3 years have
elapsedAnnotations of demand and seizure after 5 years from their date - Agricultural pledge after 2
years from the expiration of the term 22

37. Taxpayer: Reus Debendi

9. 539.HOW PARTITION ENDS: 21

10. of identifiable furniture

11. 556.WHERE THE PROCEDURE FOR CHANGE OF ADDRESS IS REGULATED: It is

regulated in art. 1130 literal b)

12. 557.WHAT ARE AZIMUT: These are the measures used by engineers for
to determine the area and measurements of a real estate property.

13. 558.HOW THE DOCUMENTS MUST BE SUBMITTED TO THE REGISTRY: The original
document must be submitted together with a duplicate.

14. 559.WHAT IS A DUPLICATE: It is a photocopy of the document to be presented, with the

following information
original signature and stamps.

15. 560.WHEN THE REGISTRATION WILL BE VOID: When by omission of some of the
circumstances that it must contain or by being extended with inaccuracy it has induced to error to a
third party and this one, or some of the contracting parties, appear harmed in the registry.

16. 561.A PROPERTY THAT IS LISTED MAY BE TRANSFERRED: The property

real property or rights in rem noted may be alienated or encumbered, but without prejudice to the
right of the person in whose favor the annotation has been made.

17. 562.WHAT TO DO IF A PERSON DOES NOT AGREE WITH THE

REFUSAL OF A FILE BY THE REGISTRAR: The registrar may be sued in the incidental way before
the judge of first instance of the civil branch of the circums□ of mines and hydrocarbons □ of canals,
docks, railroads, and other public works of similar nature □ of ships and aircrafts □ of immobilized
factories □ of horizontal property □ of wills and donations by cause of death □ of agrarian pledge □
The legatees and certain creditors of the deceased in real rights of the inheritance;.... etc.

18. 555.WHICH ENTRIES ARE CONSIDERED SPECIAL: In the registry, the following are
considered special
The following records shall be kept separately: □ He who obtains a judicial writ of attachment that
has been verified on registered real rights of the debtor; □ He who sues in court for the ownership,
constitution, modification or extinction of real rights over real property or other real rights subject to
registration, or the cancellation or modification thereof; □22. 1) Voluntary: a notary is commissioned
at the request of a party, and a deed of partition is granted; 2) Judicial: a judge is commissioned by
a notary.

19. 566.WHAT REQUIREMENTS MUST ALL CANCELLATIONS CONTAIN: - The kind of

The date of the document and the date of delivery to the registry; - The designation of the judge who
issued the document or of the notary before whom it was granted; - The names of the parties
interested in the cancellation; and - The inscription or annotation to be cancelled.

20. 567.WHAT PROCEEDS IF A PROPERTY HAS 15 OR MORE INSCRIPTIONS: Art.

1178 The registrar shall cancel them and open a new registration with the data resulting from the
registrations, transcribing to it any registration or annotation that is in force.

21. 568.WHAT CAN WE DO TO DETERMINE WHETHER THE PROPERTY IS SUBJECT TO

OR NOT
NON-GRAVAMENTS: The general registry of the property is approached and a certification is
requested in which the state in which the property is found is stated.

22. 569.AS DETERMINED BY ART. 1194 OF THE CIVIL CODE: It regulates that the death of
the
The testator will present the testimony of the open will with duplicate and certification of the death
certificate to be noted in the book of entries and reasoned.

23. 570.HOW MANY PROPERTY REGISTRIES ARE THERE: There are 2 registries: the first
one in the central zone located at 9th avenue and 14th street of zone 1 of the municipality of
Guatemala. The second registry is located in Quetzaltenango.

24. 571.AS REGULATED IN THE LAW, HOW MANY REGISTRIES ARE THERE: According to
the provisions of art. 23 of the political constitution of the Republic of Guatemala determines that
there should be at least one for each department or at least one for each region of the country
(there are 22 departments and 8 regions in the country).

25. 572.WHO MAKES THE RECORDS: It is in charge of a registrar.

owner

26. 573.WHO APPOINTS THE REGISTRAR: The President of the Republic, by means of a
governmental agreement.

27. 574.WHAT QUALITIES MUST THE REGISTRAR HAVE: - Be a Guatemalan national of

origin - To be a notary and lawyer - To be an active member of a bar association

28. 575.THE PROPERTY REGISTRY IS UNDER WHICH MINISTRY: Under the Ministry of the
Interior.

29. 576.WHO IS IN CHARGE OF THE REGISTRY INSPECTIONS: In charge of

of the Judge of First Instance in Civil Matters, appointed annually by the Supreme Court of Justice.

30. 577.WITH WHAT OBLIGATION MUST REGISTRARS COMPLY BEFORE

TO ENTER INTO THE EXERCISE OF THEIR POSITION: They shall guarantee the responsibilities
in which they may incur, with a mortgage or bond, and shall be imposed by the Ministry of the
Interior, which may be set from Q1,000.00 to Q10,000.00 the amount of the guarantee.

31. 578.WHEN THIS GUARANTEE SHALL BE ENFORCED: The guarantee referred to in the
preceding article shall not be cancelled until 1 year after the registrar has ceased to hold office,
unless there is any claim pending against the registrar...

32. 579.ON THE MORTGAGE THERE IS NO OUTSTANDING BALANCE, BUT WHAT IS THE
EXCEPTION TO THIS RULE: If the guarantee is a mortgage and an unpaid balance remains when
the property is auctioned, the registrar shall be liable with his other assets for such balance.

33. 580.WHICH BOOKS ARE REQUIRED TO BE KEPT IN THE REGISTRY: I. Delivery

of documents II. Registration III. Statistical tables IV. Indexes in alphabetical order of surnames of
owners and holders of real estate.

8. The law of Obligations:

a. definition

b. Elements

c. sources.

d. classification

e. compliance and noncompliance

f. transmission and extinction

g. obligations arising from unlawful acts and events

9. DEFINITION OF OBLIGATION: It is a legal bond by means of which a person called creditor

may demand from another person called debtor the fulfillment of a performance which may be to
give, to do or not to do.

10. 584.WHICH SUBJECTS ARE THE SUBJECTS INVOLVED IN THE OBLIGATION: - Active
subject - Passive subject

11. 585.WHO IS A LIABLE SUBJECT: The creditor who is the person who holds the

right

12. 586.WHAT IS A LIABLE SUBJECT: The debtor is the person who owes the
fulfillment of an obligation

13. 587.HOW OBLIGATIONS ARISE: They arise out of legal transactions

14. 588.WHAT IS A LEGAL BUSINESS: It is a statement of will in which

rights and obligations are created, modified, extinguished, or transferred

15. 589.HOW THE LEGAL BUSINESS IS DIVIDED: - Legal business as an act - Legal business
as a contract

16. 590.EXAMPLES OF ACT: Offer to the public Will and Testament

17. 591.EXAMPLES OF CONTRACT: ⇒ Purchase sale ⇒ Mutual 592.IN A PURCHASE AND
SALE WHO IS THE ACTIVE SUBJECT AND WHO IS THE PASSIVE SUBJECT: In the purchase
and sale both the buyer and the seller are considered as subjects of double quality, since they act
as active and passive subjects 593.IN THE DOCTRINE AS THE PASSIVE SUBJECT AND THE
ACTIVE SUBJECT ARE CALLED:

18. Error in account

19. 608.WHAT IS AN ERROR IN THING: It is when we give a consent

on the legal business (object)

20. 609.WHAT IS A□ Error in person □ Error in thing (object) □24. - Not half a time
have been declared to be in a state of interdiction

21. 598.IN WHICH CONSISTS THE CONSENT THAT IS NOT VITIATED:

Means that the person voluntarily declares that there is no defect of consent.

22. 599.BY WHICH WILL OR CONSENT IS MANIFESTED: a) From

b) Expressly b) Tacitly c) Presumed c) Silence d) Silence

23. 600.WHEN IT IS EXPRESS: When its will is directly manifested. Ex. When the testator
expressly revokes an earlier will

24. 601.WHEN IT IS TACTICAL: When it does not manifest anything but begins to comply with it.

25. 602.WHEN IT IS PRESUMED It is a manifestation of will when it is stated in the law

26. 603.WHEN SILENCE IS GIVEN: Silence shall not be considered as a tacit manifestation of
will but in those cases in which there is, for the party affected, the obligation to explain itself.

27. 604.WHAT ARE THE VICES OF CONSENT: - Mistake - Dolo - Violence

- Simulation

28. 605.WHAT IS A VICE: It is a particular circumstance that without suppressing the business
legal damages it

29. 606.WHAT IS ERROR: It is the inexact consent of the reality that consists of
in believing that what is true is false and what is false is true.

30. 607.WHAT ARE THE TYPES OF ERROR: ERROR IN PERSON: It is when the object of the
contract falls on a person who is not the one we thought he/she was.

31. 610.WHAT IS AN ERROR IN ACCOUNT: It is when the legal business is not damaged.
only leads to correction

32. 611.WHAT IS DOLE: It is when trickery or deceit is used to induce in error to

a person in the legal business

33. 612.WHAT IS VIOLENCE: When a person is intimidated either by

physically or psychologically

34. 613.WHEREAS THE OBJECT MUST BE LICIT: Means that it must have
to be permitted by law

35. 614.BASIS OF ATYPICAL CONTRACTS: Art. 1256 when the law does not declare a specific
form for a legal transaction, the interested parties may use the one they deem convenient.

36. EXAMPLES OF CIVIL ATYPICAL CONTRACTS: o Letter of full payment o Acknowledgment

of debt o Dismemberment to itself

37. 616.WHAT IS CONDITIONAL LEGAL BUSINESS?

legal business that to be effective is subject to a condition.

38. 617.WHAT IS A CONDITION: It is a future and uncertain but possible event.

39. 618.HOW THE CONDITION CAN BE: a) Resolutive: when the condition is given, the effects
of the legal business begin b) Suspensive: when the condition is given, the effects of the legal
business end.

40. 619.WHAT IS A TERM LEGAL BUSINESS?

are subject to a kind of condition, which is future but certain because it is known specifically when it
will be fulfilled.

41. 620.WHAT ARE THE TYPES OF TERM: - Legal: it is the one established by law - Judicial: it
is the one to be stipulated by a judge - Voluntary: it is the one established by the parties

42. 621.HOW THE VOLUNTARY TERM MAY BE: - Determined: it is given when an exact day is
fixed for the fulfillment of the obligation - Indeterminate: it is given when it is said that on a certain
date the fulfillment of the obligation will be effective, but the exact day is not established.

43. 622.WHAT IS SIMULATION: It is a defect of the consent that is

It occurs when what is declared by the parties is not real at all, or when they give it a false
appearance that hides the true nature of the legal transaction.

44. 623.WHAT ARE THE FORMS IN WHICH SIMULATION CAN BE: ⇒ Absolute Simulation:
when what is declared by the parties is not true ⇒ Relative Simulation: when the true character of
the legal transaction is concealed by giving a false appearance.

45. 624.WHAT IS THE EFFECT OF THE LEGAL TRANSACTION WHEN THERE IS

ABSOLUTE SIMULATION: It does not produce any legal effect

46. 625.WHAT IS THE EFFECT OF THE LEGAL BUSINESS WHEN THERE IS A RELATIVE
SIMULATION: It will produce the effects of the disguised business.

47. 626.WHAT REVOCATION CONSISTS: This is the action available to the

creditor to render without legal effect all those transactions entered into by the debtor in fraud of his
rights

48. 627.WHAT REVOCATION IS CALLED IN DOCTRINE: Pauline Action

49. 628.HISTORY OF THE REVOCATION: There was a King named Paul, who was the one
who decreed that the legal business could be revoked, since at that time the legal business
celebrated was impossible to revoke it, it was so much the impact that they decided to call the
revocation pauliana action.

50. 629.HOW TO AVOID THE RIGHT OF TITLE: When there is co-ownership and you want to
avoid the right of first refusal, through a donation.

51. REQUIREMENTS FOR REQUESTING REVOCATION: a) That the legal transaction has
been entered into in fraud of the creditor Art. 1290 1st. Paragraph b) That the credit is prior to the
challenged legal transaction, art. 1290 2nd. Paragraph c) The debtor is insolvent (unwilling to pay)
Art. 1291 d) When the legal transaction is for valuable consideration and there is bad faith on the
part of the person acquiring the legal transaction. Art. 1296 24

52. The non-concurrence of the essential requirements - Legal capacity of the subject that
declares its will - Licit object * Consent that does not suffer from vice

53. 637.WHEN A LEGAL NEGOTIATION WILL BE VOIDABLE: ⇒ For relative incapacity

(transitory mental disorder ⇒ For vices of consent (consent that is not vitiated).

54. 638.DIFFERENCE BETWEEN AN ABSOLUTE NULLITY AND A RELATIVE NULLITY: N.A.

Not born to legal life N.R. It is born to legal life but can be annulled N.A. It can be declared by the
judge ex officio, it can be alleged by PGN, it can be alleged by those who have an interest N.R. Can
be cancelled only by the parties N.A. It is imprescriptible N.R. It is prescriptible (prescribes within 2
years) (if it is due to violence or fear, it prescribes within 1 year) N.A. N.R. cannot be revalidated. If it
can be revalidated

55. DEFINITION OF OBLIGATION: It is the legal bond that exists between a person called
creditor may require another person called debtor to comply with an obligation consisting of giving,
doing and not doing.

56. 640.CLASSES OF OBLIGATIONS: - According to the performance, they may be: to give, to
do and not to do - According to the modality, they may be: alternative, optional, joint, divisible and
indivisible.

57. 641.WHAT DOES AN OBLIGATION TO GIVE CONSIST OF: It consists of giving a thing. Ex.
A sale and purchase

58. 642.WHAT IS AN OBLIGATION TO DO: It consists of executing something.

Ex. When a person undertakes to perform a work and does not comply.

59. 643.WHAT DOES AN OBLIGATION NOT TO DO CONSIST OF: Consists in

commit not to do something. Ex. When a person undertakes not to disclose a trade secret of a
company... (Free-range chicken formula)

60. 644.IT IS NECESSARY TO ESTABLISH IN A CONTRACT THAT FOR THE

FULFILLMENT OF THE OBLIGATION IS GUARANTEED WITH THE PROPERTY OF THE
DEBTOR: Art. 1329 the personal obligation is secured by the alienable property owned by the
debtor at the time of demand for performance, in the doctrine it is called general patrimonial pledge.

61. 645.DEFINITION OF WARRANTY: Warranty

62. 646.WHAT IS THE THEORY OF IMPREVIEW: Art. 1330 determines whether

a contract may or may not be revised. In the doctrine, it is known as Reus Sic Stantibus = thing that
is maintained to be stable.

63. 647.WHAT IS AN ALTERNATIVE OBLIGATION: It is given when the debtor

is obliged to perform several services but performs one of them (agreed)

64. 648.WHAT IS THE FACULTATIVE OBLIGATION: It occurs when the obligor

is obliged to perform a service, but is entitled to exchange it for another. (not agreed) Ex. the
creditor lends Q100 to the debtor and the debtor has to pay back Q100, but when the deadline for
compliance with the obligation arrives, the debtor shows up and states that he does not have the
money, so the creditor authorizes him to pay with 2 working days.

65. 649.WHICH PROCEEDS IN THE EVENT OF DOUBT AS TO WHETHER THE OBLIGATION

IS
ALTERNATIVE OR FACULTATIVE: The following shall be considered optional

66. 650.WHAT IS A JOINT OBLIGATION: When a joint obligation in a

the same obligation there are several debtors and several creditors

67. 651.HOW JOINT OBLIGATIONS ARE DIVIDED: - Simple joint venture - Joint and several
joint venture

68. 652.WHAT IT CONSISTS L□ When the object is contrary to the prohibitive laws.
express □ When the object is contrary to public order □ Relative: depends on the requirements that
are missing

69. ABSOLUTE NULLITY: It means that the legal transaction

is null and void and therefore is not born to legal life.

70. 635.RELATIVE NULLITY: It means that the legal transaction is

is annullable, therefore it is born to legal life until its annulment is requested.

71. 636.WHEN WILL A LEGAL NEGOTIATION BE VOID: □ Absolute: it depends on the

requirements that are missing □ Adjective: it is the one regulated by the Civil and Commercial
Procedural Code, in the nullity appeal.

72. 633.DIVISION OF NULLITY ACCORDING TO OUR LEGISLATION: □ Substantive: it is the

one regulated by the civil code □25.

73. DEFINITION OF NULLITY: It is the ineffectiveness of a legal transaction due to the lack of
the necessary requirements for its validity.

74. 632.DIVISION OF THE NULLITY: A SIMPLE MANCOMUNITY: In this case, the claim or debt
is considered divided into as many parts as there are creditors or debtors, and each part constitutes
a separate debt or claim.

75. 653.WHAT IS A SOLIDARITY MANCOMUNITY: It is when various

The debtor is obliged to the same thing, so that all or any of them can be compelled to the total
performance of the obligation, and it is joint and several as to the creditors when any of them has
the right to demand the totality of the credit and the payment made to one of them releases the
debtor.

76. 654.WHAT RIGHT HAS THE PERSON WHO PAYS THE DEBT AGAINST THOSE WHO
FAILED TO PAY THEIR RIGHTFUL SHARE: You have the right of recourse.

77. 655.WHAT IS A DIVISIBLE OBLIGATION: When the subject matter is

susceptible to be partially fulfilled e.g. An installment plan and sale

78. 656.WHAT IS AN INDIVISIBLE OBLIGATION: When the subject matter must

to be fully complied with. Ex. Cash purchase and sale.

79. 657.WHAT ARE THE WAYS OF FULFILLING OBLIGATIONS: a) Normal ways of payment b)
Special ways of fulfilling obligations

80. 658.WHAT ARE THE FORMS OF PAYMENT: ಃಃಃಃ Payment ಃಃಃ 659.DEFINITION OF
PAYMENT: It is the normal way of fulfilling an obligation through the performance of the obligation
by the debtor in the form and conditions established in the legal business with the intention of
extinguishing it.

81. 660.WHAT ARE THE SPECIAL METHODS OF PAYMENT: - Payment by consignment -

Payment by transfer of assets

82. 661.WHICH METHODS OF PAYMENT MAY BE AGREED UPON: - Payment by check 25

83. And the damages

84. 681.WHAT IS DAMAGE: It is the loss that a person suffers in its patrimony.

85. 682.WHAT IS LOSS: It is the lawful profits or fruits that are not
the damage.

86. 683.WHAT DOES THE INDEMNIFICATION CLAUSE CONSIST OF?

money that is agreed in advance, in the event that one of the parties defaults.

87. 684.WHAT DOCTRINE CALLS THE INDEMNIFICATION CLAUSE: It is called a penalty

clause.

88. DEFINITION OF ARRAS: It is called arras to the things and especially the money, which are
given as a sign or guarantee of the fulfillment of an obligation.

89. 686.WHICH ARE THE WAYS OF TRANSFERRING OBLIGATIONS: - Assignment of rights -

Subrogation - Transmission of debts - Assignment of rights - Subrogation - Transmission of debts

90. 687.WHAT IS AN ASSIGNMENT OF RIGHTS: It is a way of transmitting

the obligation in which the creditor transfers its rights to another person. Ex. In a mutual contract,
the creditor assigns its right to a third party (another person).

91. 688.THE ASSIGNMENT OF RIGHTS REQUIRES THE CONSENT OF THE

DEBTOR: It is not necessary to have the debtor's consent.

92. 689.WHAT IS SUBROGATION: art. 1453 It is a way of transmitting the

obligation in which the creditor transfers the action to a third party who pays. Ex. X has his vehicle
which is insured and X collides with Y... and since X is at fault, the insurer pays Y everything derived
from the event, then the insurer becomes the creditor.

93. 690.WHAT IS ACTION: It is the power of persons to bring an action before

the court to claim a benefit. 26□ Damages □ Active default: is when the one in default is the creditor,

94. 678.WHAT IS THE REQUIREMENT FOR DELAY TO PROCEED: The interpellation of the
creditor, which means that the creditor must be requested.

95. 679.WHICH ARE THE TWO WAYS THAT THE REQUEST MAY BE MADE: a) Notarial: the
request through a notarial act b) Judicial: with the notification of the claim

96. 680.WHAT ARE THE EFFECTS OF DEFAULT: □ Passive default: it is when the debtor is in
default, □ Judicial: when the creditors do not agree, the voluntary insolvency proceeding and the
necessary insolvency proceeding will have to be observed.

97. 670.WHAT DOES THE BREACH OF OBLIGATIONS CONSIST OF? Failure to

performance of the obligation is deemed to be due to the debtor's fault, until the contrary is proved.

98. 671.IN WHAT FORM CAN THE NON-COMPLIANCE WITH THE

OBLIGATIONS: - Fault - Delinquency

99. DEFINITION OF GUILT: Consists of an action or omission prejudicial to another, incurred

through ignorance, inexperience or negligence but without intent to harm.

100. 673.DEFINITION OF DOLE: It is the intention to cause harm to a person.

101. 674.WHAT IS THE DIFFERENCE BETWEEN FORTUITOUS EVENT AND FORCE

MAJEURE: Fortuitous event: It is something that happens unexpectedly, that is to say, the
unforeseeable.

102. DEFINITION OF DELAY: It is the state in which the debtor incurs by not complying with the
obligation, after being called upon by the creditor when he does not accept the performance or
refuses to carry out the preparatory actions that are incumbent upon him so that the debtor may
comply with his obligation.

103. 676.WHO MAY BE IN DELAY: a) The creditor b) The debtor

104. 677.CLASSES OF DELAY: □ Extrajudicial: when the creditors agree and establish an
agreement in the contract □26. - Payment in local currency - Payment in kind

105. 662.WHAT IS THE INDEXATION CLAUSE: If payment is to be made in foreign currency, the
debtor shall deliver its equivalent in local currency at the exchange rate prevailing in the market on
the day of payment.

106. 663.BECAUSE THE INDEXATION CLAUSE NO LONGER EXISTS: Because now the law of
free negotiation of foreign currency exists, and it was this law that repealed Art. 1396 of the Civil
Code. 664.WHAT DOES PAYMENT BY CONSIGNMENT CONSIST OF: It is a special way of
complying with the obligations to give, depositing the sum or thing before a competent judge, when
due to circumstances provided by law payment cannot be made to the creditor. 665.WHAT ARE
THE CIRCUMSTANCES PROVIDED FOR IN THE LAW: Art. 1409 #1 to #8 of the Civil Code. ⇒
When the creditor refuses to receive the amount due, ⇒ When the creditor is incapable of receiving
payment and lacks a legal representative ⇒ When the creditor is not at the place where payment is
to be made and has no known attorney in fact at such place ⇒ When the creditor's right is doubtful
and other persons are present to demand payment or when the creditor is unknown ⇒ When the
debt is seized or retained in the possession of the debtor and the latter wishes to exonerate himself
from the deposit ⇒ When the title to the debt has been lost ⇒ When the auctioneer or successful
bidder of encumbered assets wishes to redeem them from the encumbrances weighing on them.
666. REQUIREMENTS FOR PAYMENT BY CONSIGNMENT TO PRODUCE ITS EFFECTS: 1º. To
be made before a competent judge 2nd. That it be made by a person capable or able to verify the
payment 3º. That it includes the totality of the liquid and enforceable debt with or without interest
and costs, if any 4º. That the condition is fulfilled if the debt is conditional or the term has expired if it
was stipulated in favor of the creditor. 667.WHEN THE CONSIGNMENT IS DECLARED VALID:
When they give place to the incident 668.IN WHAT CONSISTS THE PAYMENT BY ASSIGNMENT
OF PROPERTY: It is a special form to comply with the obligation that the law confers to the debtors
of good faith, that due to causes that are not imputable to them, are in impossibility to continue their
businesses and that consists of delivering their patrimony to their creditors so that they administer it.
669.SUCH AS THE ASSIGNMENT OF ASSETS:

107. 27. 691.WHAT IS THE TRANSMISSION OF DEBTS: It is a form of transmitting the obligation
in which the debtor transmits the debt to a third party, but the creditor must consent to authorize the
third party to substitute the debtor. 692.HOW OBLIGATIONS ARE EXTINGUISHED: - Extinction by
compensation - Extinction by novation - Extinction by remission - Extinction by confusion - Extinction
by extinctive prescription 693.WHAT IS COMPENSATION: It is a form of extinguishing the
obligation that will be given when two persons reciprocally reunite the qualities of being debtor and
creditor at the same time. 694.WHAT IS NOVATION: There is novation when an obligation is altered
by substituting it for another. 695.WHAT IS THE REMISSION: Consists specifically in the
forgiveness of the debt 696.WHAT ARE THE QUITAS: Consists in the partial forgiveness of the
debt. Ex. 697.WHAT IS A WAITING: It consists of the extraordinary term that is granted to the
debtor to comply with its obligation 698.WHAT IS CONFUSION: It is the reunion in the same person
of the quality of creditor and debtor, therefore the obligation is extinguished. 699.DEFINITION OF
PRESCRIPTION: It is that by the passage of time a right is acquired or lost 700.WHAT ARE THE
KINDS OF PRESCRIPTION: - Acquisitive prescription - Extinctive prescription 701.IN WHAT
CONSISTS THE EXTINTINGIVE PRESCRIPTION: It is when by the passage of time a right is lost
702.WHAT OTHER NAME IS EXTINTINGIVE PRESCRIPTION GIVEN: Negative or liberatory
prescription 703.WHEN EXTINTINGUISHING PRESCRIPTION IS UNDERSTANDNED: It is
understood renounced, if the debtor confesses duty without alleging prescription or if he pays the
whole or part of the debt 704.WHEN THE STATUTE OF LIMITATIONS DOES NOT RUN: a)
Against minors and incapacitated persons, during the time they are without a constituted legal
representative, b) Between parents and children, during parental authority, c) Between minors and
incapacitated persons and their guardians during the duration of the guardianship d) Between co-
owners, during the duration of the indivision e) Between spouses, during marriage and between
man and woman, during the de facto union. 705.WHEN THE STATUTE OF LIMITATIONS IS
INTERRUPTED: - By a duly notified judicial demand or by any precautionary measure executed,
unless the creditor withdraws the action or the defendant is acquitted of the demand or the judicial
act is declared null and void, - If the person in whose favor the prescription runs, - By the payment
of interest or amortization expressly and in writing or tacitly by undoubted facts, orBy the payment of
interest or amortization by the debtor, as well as by the partial performance of the obligation by the
latter, - By the payment of interest or amortization by the debtor, as well as by the partial
performance of the obligation by the latter. 706.WHAT IS THE EFFECT OF THE INTERRUPTION
OF PRESCRIPTION: The effect of the interruption is to render useless all the time that has run
before it. 707.WHICH ARE THE SOURCES OF THE OBLIGATIONS: DEFINITION OF CONTRACT:
It is a bilateral declaration of will through which rights and obligations are created, modified and
extinguished 709.WHAT ARE THE PRINCIPLES THAT RULE THE CONTRACT: - Consensualism -
Autonomy of the will - formulism 710.WHAT IS THE PRINCIPLE OF CONSENSUALISM: It refers to
the fact that for a contract to be perfected, consent alone is sufficient 711.WHAT IS THE
PRINCIPLE OF AUTONOMY OF WILL: It refers to the fact that the parties may agree on whatever
they wish once the object is lawful 712.WHAT IS THE PRINCIPLE OF FORMULISM: It consists of
the form in which the contract must be embodied (there is freedom of contracting) o Verbally o In
writing 713.IN WHAT WAY DOES THE NOTARY INTERVENE IN A PRIVATE DOCUMENT: They
have no intervention 714.WHAT DOES A CONTRACT OF ADHERENCE CONSIST OF: It consists
of a contract in which only one of the parties establishes the conditions and the other party only has
the faculty to adhere or not to the contract. 715.WHAT IS A USURARIOUS CONTRACT: The
person who taking advantage of the position he occupies or of the need, inexperience or ignorance
of another, induces him to grant usurious advantages or to contract obligations notoriously
detrimental to his interests. 716.WHAT OTHER NAME DOES USURARIOUS CONTRACTS
RECEIVE: LIONARIOUS CONTRACTS 717.WHAT HAPPENS IF IT IS PROVEN THAT THE
CONTRACT IS USURARIOUS: The person is obliged to return what he would have received, with
the damages and prejudices once the nullity of the agreement has been judicially declared. (In
criminal commits a crime of Usury) 718.IN WHAT CONSISTS THE SANITATION: It is the right that
corresponds to a person who acquires a good in good faith, when it is dispossessed of it in a judicial
way or when the good presents hidden vices; to request the payment of damages or to request the
repair of the same one. 719.WHAT ARE THE 2 FORMS OF SANITATION: o By eviction: when a
person is judicially dispossessed of a good o By hidden defects: these are defects in the object of
the contract that are not visible to the naked eye. 720.EN
WHAT CONSISTS THE SANITATION BY EVICTION: It will be given when a person is
dispossessed of a property in a judicial way (through a sentence) Ex. A home is purchased with the
seller stating that the house has no liens, but it actually has a mortgage. The seller must return the
price of the good and pay damages. 721.HOW DOES LIABILITY PROCEED IN THE CASE OF
SANITATION BY EVICTION: Civil liability: payment of damages Criminal liability: crime of perjury
722.WHAT DOES SANITATION BY CONCEALED VICTIES CONSIST OF: 27

108. These are defects in the subject matter of the contract that are not visible to the naked eye.
(In such a way that if he had known it, he would not have bought the good for that price) 723.WHAT
IS TO BE REQUESTED FOR THE HIDDEN VICES: There are two options: a) The redhibitory
action: to rescind the contract b) The estimatory action: to fix the price of the good and to return the
difference. 724.THROUGH WHICH JUDGMENT IS THE REDHIBITORY ACTION PROCESSED:
Through a summary judgment 725.THROUGH WHICH JUDGMENT IS THE ESTIMATORIA
ACTION PROCESSED: Through an ordinary judgment 726.WHAT IS THE TIME LIMIT TO
PROCEED WITH THE ABOVE ACTIONS: They must be deducted within 6 months after the
delivery of the thing. 727.WHAT ARE THE FORMS OF THE CONTRACTS: 1º by public deed 2º by
private document or by deed drawn up before the mayor 3º by correspondence 4º verbally
728.WHAT IS THE DIFFERENCE BETWEEN A FORMAL CONTRACT AND A SOLEMN
CONTRACT: The formal contracts, must be made in public deed because they are susceptible of
inscription and the solemn contracts are those that have to go in public deed whose requirement is
indispensable for their validity. 729.WHEN IT IS OBLIGATORY THAT A CONTRACT BE WRITTEN:
In civil matters when the value of the contract exceeds Q300.00 730.WHAT ARE THE SOLEMN
CONTRACTS (CIVIL): - Life annuity - Mandate - The society - Donation between alive (but on real
estate) 731.DEFINITION OF RESCISSION: It consists of leaving without juridical effect a contract
732.DIFFERENCE BETWEEN RESCISSION AND REVOCATION: The Rescission consists of
leaving the contract without legal effect, it can be of common agreement or it can be requested by
only one of the parties The revocation, is the right that the creditor has to leave without effect the
legal transactions that have been celebrated by the debtor to the detriment of its rights. 733.WHAT
ARE THE WAYS IN WHICH TERMINATION CAN BE GIVEN: a) Voluntary: it is done before a
notary voluntarily by both parties b) Judicial: when only one of the parties requests the termination
of the contract. 734.WHAT IS THE EFFECT OF TERMINATING A CONTRACT: Things return to the
state in which they were before entering into the legal transaction, consequently the parties must
return to each other what they respectively received. 735.WHAT IS THE TERM FOR
TERMINATION: One year from the date of conclusion of the contract 736.WHAT IS THE DIVISION
OF CONTRACTS CALLED IN DOCTRINE: It is called characteristics of contracts 737.WHAT ARE
THE CHARACTERISTICS OF THE CONTRACTS: - Unilateral - Bilateral - Consensual - Real -
Principal - Accessories - Onerous - Gratuitous - Commutative - Random - Conditional - Absolute -
Of successive tract * of unique tract - Typical * Atypical - Plurilateral 738.WHEN IS THE
CONTRACT UNILATERAL: When only one of the parties is obliged Ex. 739.WHEN THE
CONTRACT IS BILATERAL: When both parties are reciprocally obligated to each other Ex.
740.WHEN THE CONTRACT IS CONSENSUAL: When the consent of the parties is sufficient for its
perfection. 741.WHEN THE CONTRACT IS REAL: When the delivery of the thing is required for its
perfection. 742.WHEN THE CONTRACT IS PRINCIPAL: When it subsists by itself 743.WHEN THE
CONTRACT IS ACCESSORY: When its object is the performance of another obligation Ex.
744.WHEN THE CONTRACT IS ONERIOUS: It is that in which reciprocal benefits and
encumbrances are stipulated 745.WHEN THE CONTRACT IS FREE OF CHARGE: It is that
contract in which the benefit is only of one of the parties. 746.WHEN THE CONTRACT IS
CONMUTATIVE: It is that contract that from the moment of the conclusion of the contract it is
already known how much the profit is going to be. 747.WHEN THE CONTRACT IS RANDOM: It is a
contract in which it is not known how much the profit or loss will be. Ex. Raffle contract or insurance
contract. 748.WHEN THE CONTRACTS ARE CONDITIONAL: They are those whose realization or
subsistence depends on an uncertain event or ignored by the parties (that is to say that they depend
on a condition) 749.WHEN THE CONTRACTS ARE ABSOLUTE: They are those whose realization
is independent of any condition. 750.OBLIGATIONS ARISING FROM LAWFUL ACTS WITHOUT
AGREEMENT: - Business manager - Enrichment without cause 751.WHAT IS THE BUSINESS
MANAGER: It is a lawful act without agreement by which a person called "Manager" takes charge of
another's business, without having been ordered to do so, and this generates the obligation to do
everything for the benefit of the "owner" and to answer for the eventual damages caused to him. Art.
1605 752.WHAT IS UNJUST ENRICHMENT: 28

109. Professionals: are liable for damages or losses caused by inexcusable ignorance or
negligence, or by disclosure of secrets known to them by reason of their profession. 760.IN WHAT
PERIOD DOES THE ACTION FOR REQUESTING REPAYMENT OF DAMAGE OR INJURY
PRESCRIBE: It prescribes in one year counted from the day in which the damage was caused, or in
which the offended party had knowledge of the damage or prejudice and the indemnification if
applicable. 761.WHICH REGULATES THE POLITICAL CONSTITUTION OF THE REPUBLIC,
REGARDING THE STATUTE OF LIMITATIONS FOR THE LIABILITY OF PUBLIC OFFICIALS AND
EMPLOYEES: It regulates that the civil liability of public officials and employees may be deducted
as long as the statute of limitations has not been consummated, whose term shall be 20 years.
762.WHAT IS A LEGAL ACT: They are facts that occur by cause of nature (nature intervenes) ex.
The avulsion 763.WHAT IS A LEGAL ACT: They are facts that occur by intervention of the person,
(the will of the human being intervenes) ex. A crime art. 123 c.p. 764.HOW THE RULES ARE
STRUCTURED: - By factual assumptions: which is the hypothesis that establishes the rule - The
legal consequence: is the effect www.estuderecho.com The Law Evolves With You... Send us your
files and Laws so that we can publish them on this page and we can share it with more users for
Free. Thank you for downloading this Archive from www.estuderecho.com... Send us your
documents to estuderecho@gmail.com Ah! and don't forget to include the Author Data. See you
soon! Arriba Guatemala! Document sent by: Karolayn Rodriguez. CCJJSS student. 29□ The state
and municipalities: are liable for damages caused by their officials or employees in the exercise of
their duties. This responsibility is Subsidiary. □ Legal persons: they are liable for damages caused
by their legal representatives in the exercise of their functions □ Employers' liability: employers who
have one or more persons under their dependence are liable for damages caused by their
employees and other workers in acts of service. □ Minors or incapacitated persons: the minor, but
over 15 years of age and the incapacitated person when acting in moments of lucidity, are liable for
damages or losses that may occur. Regarding the means of transport: the companies or owner of
any means of transport shall be jointly and severally liable, provided that the person in charge of the
vehicle has entrusted them. □ Work accidents: in this case the employer is obligated □ What comes
from a crime: which can be of two forms: intentional or negligent. Any person criminally liable for a
crime, may also be civilly liable □ What comes from damage or harm: which can be of two forms,
intentional or negligent. □29. It is a lawful act without agreement by which a person enriches his
patrimony to the detriment of another on the basis of a contract or a fact or act lawfully entered into
and this imposes on him the obligation to compensate the affected party to the extent of such unjust
enrichment. Art. OBLIGATIONS ARISING FROM DECLARATIONS OF WILL: a) Offer to the public
b) Promise of reward c) Bearer securities 754.WHAT DOES THE OFFER TO THE PUBLIC
CONSIST OF: The person who offers objects to the public at a certain price is obliged to sustain his
offer. (It generates the obligation to maintain it and not to vary it while it lasts) 755.WHAT
CHARACTERISTICS MUST THE OFFER TO THE PUBLIC CONTAIN IN ORDER TO GENERATE
OBLIGATION: ಃಃಃಃಃ must be clear ಃಃಃಃಃಃಃಃಃ must.
be specific ಃಃಃಃಃಃಃ must be precise ಃಃಃ 756.HOW THE OFFER IS EXTINGUISHED OR MAY BE
RELEASED: - By the contract of sale when the buyer bequeaths to acquire the item offered - By the
end of the term - By revoking the offer: it must be revoked in the same manner as the offer was
made, i.e., through a means of social communication. 757.WHAT IS THE PROMISE OF
RECOVERY The one who makes an offer through the press or other means of diffusion, to
remunerate a service or an act, contracts the obligation to comply with what was promised. Anyone
who makes the performance, even if he was not aware of the existence of the promise, may
demand from the obligor the reward offered. Art. WHAT DO BEARER DEEDS CONSIST OF:
Bearer deeds are those that are not issued in favor of a specific person, whether or not they contain
the bearer clause. These titles are transmitted by simple tradition.
The obligation generated is to pay it in favor of the person who carries it. Art. 1638
759.OBLIGATIONS ARISING FROM UNLAWFUL ACTS AND DEEDS:

9. General Theory of the Legal Business

19. ESSENTIAL REQUIREMENTS FOR A LEGAL BUSINESS TO BE VALID: - Legal capacity

of the subject that declares its will - Consent that is not vitiated by a defect - Legal object

20. NON-ESSENTIAL REQUIREMENTS: ಃಃಃಃ Condition ಃಃಃಃಃಃ Term ಃಃಃಃಃ.

a. Definition and elements

b. vices of consent

c. simulation

d. ineffectiveness

10. Civil Contracting

a. general information

b. contracts for the transfer of ownership

c. guarantee contracts

366. DEFINITION OF CONTRACT: It is a bilateral declaration of wills, through which rights and
obligations are created, modified or extinguished.

1. 367.IN WHAT MANNER CONTRACTS MAY BE CONCLUDED: In the following manner

verbal or written

2. 368.WHAT FORM WRITTEN CONTRACTS MAY BE: Art. 1574 of

civil code o By public deed o Private document o By deed drawn up before the mayor of the place o
By correspondence

3. 396.WHICH ARE THE WAYS OF CONCLUDING A CONTRACT: a) Verbally b) In written

form

4. 397.HOW CONTRACTS ARE CONCLUDED IN WRITTEN FORM: by contract it is divided in

half, then divided lengthwise in half. If a single island thus formed is farther from one margin than
from the other, it will be solely and completely owned by the one on the nearest margin.

COMMERCIAL LAW AGENDA

1. Corporate Law:
a. Definition and elements.
b. Corporate bodies.

c. Capital.
d. The shares.
e. Assemblies.
f. Types of companies.
g. Irregular and de facto corporations.
h. Merger, transformation, dissolution and liquidation.
2. Subjects Auxiliary to the Merchants:
a. The factor.
b. Dependents.
c. Agents and distributors.
d. Runners.
e. Commissioners.
3. The General Commercial Registry of the Republic:
a. Registration principles.
b. Obligation to register.
c. Enrollment requirements.
d. Administrative and judicial actions.
4. The Commercial Company and its Elements:
a. Definition.
b. Elements.
c. Transmission.
d. Prohibition of concurrence.
5. Credit Instruments:
a. Definition and characteristics.
b. Elements and requirements.
c. Classification.
d. The endorsement.
e. The endorsement.
f. Titles in particular.
g. Exchange action and causal action.
h. Cancellation, reinstatement and reinstatement.
6. Commercial Contracting:
a. Characteristics.
b. Principles of commercial obligations and contracts.
c. Typical contracting.
d. Atypical hiring.
7. Intellectual Property
a. National and international protection
b. patents.
c. marks.
d. copyright and related rights
8. Banks and Financial Groups
9. Securities and Commodities Market Registry
a. Definition of public offering of securities
b. functions.
c. characteristics
d. object of registration
e. stock exchange contracts
f. types of markets
g. tariff
CIVIL AND COMMERCIAL PROCEDURAL LAW
1. Preventive or Precautionary Process
a. Definition
b. Features
c. Precautionary measures
d. Reconciliation
e. Advance testing
2. Knowledge Processes
a. Definition and characteristics
b. Ordinary Trial
c. Oral Trial
d. Summary Judgment
3. Study of the Exceptions in the Code of Civil and Commercial Procedure.
a. Definition
b. Exceptions and procedural requirements
c. Ranking
d. Preliminary exceptions regulated
4. The test
a. Definition and purpose
b. Burden of proof
c. Evidentiary procedure
d. Evidence evaluation systems
e. Means of evidence regulated in the Code of Civil and Commercial Procedure
5. Execution processes
a. Definition and characteristics
b. Executive judgment
c. Execution in the "Via de Apremio" (Execution by means of a Writ of Mandatory
Payment)
d. Special Executions
e. Collective Executions
6. Means of Challenge
a. Resources.
b. Remedios.
7. The End of the Procedural Relationship
a. Exceptional or abnormal modes of termination
b. Normal mode of termination
c. Sentence
d. Costs
e. Adjudicated matter