Declaration of heirs: what it is and the two routes to request it
When someone dies without a will, the declaration establishes who inherits. Since Act 282-1999 it can be processed before a notary or the court: you choose.
August 16, 2026
Agency
Poder Judicial de Puerto Rico
The Judicial Branch: the Court of First Instance, the Court of Appeals and the Supreme Court. Divorce, custody, court-ordered child support and eviction cases are filed here, among others. It publishes official self-representation forms and per-topic orientation pages, and runs the Pro Se Centers.
Agency's official siteGuides related to this agency
Hogar seguro: protecting your primary residence from seizure
Act 195-2011 protects your primary residence from seizure for debts. What it covers, its exceptions (a mortgage is not stopped), and how to claim it.
August 27, 2026
How to make a will in Puerto Rico
The 2020 Civil Code’s kinds of will, who may execute one, and the rule that changed: with forced heirs you may freely dispose of half.
August 16, 2026
Power of attorney and durable power: who can sign for you
A general power covers only administration. Selling or mortgaging needs express authority, and surviving your incapacity needs a durable power.
August 16, 2026
Renting a home: what the landlord owes and what you owe
Landlord and tenant duties under the 2020 Civil Code: repairs, the 7-day notice to inspect, and when the contract can be terminated.
August 16, 2026
Prescription: how long they can collect from you or sue you
Personal actions prescribe in 4 years and damages in 1 year from learning who caused them. Acknowledging the debt restarts the clock.
August 16, 2026
Prenuptial agreements and the marital property regime
Under the 2020 Code you may agree to separation of property before marrying or during the marriage. It must be by public deed and registered.
August 16, 2026
Co-owned property: how it is managed and how it is divided
A co-owner is not required to remain in the community: they may demand division at any time. And management is decided by quota value, not by headcount.
August 16, 2026
How to gift property during your lifetime (and when it can be revoked)
Gifting real property requires a public deed under penalty of radical nullity, the recipient must accept while both are alive, and only six causes allow revocation.
August 16, 2026
You bought something with a hidden defect: what you can claim
Whoever transfers an asset for value answers for eviction and hidden defects even if unaware of them. But the defect claim prescribes in 6 months.
August 16, 2026
Your land has no road access: the right of way
Anyone without sufficient access to a public road can demand passage from their neighbours. And if a split left the plot landlocked, no indemnity is owed.
August 17, 2026
Something shaded your solar panels: the right to solar and wind energy
The 2020 Code gives you a right to the sun and wind reaching your land, bans shading a neighbour with trees, and voids any agreement limiting it.
August 17, 2026
You do not know where your land ends: fixing and marking boundaries
A deslinde fixes blurred boundaries and amojonamiento marks them. The action never prescribes, but a neighbour can still gain ground by prescription.
August 17, 2026
Protection order for a person with a disability
Since Act 104-2026 there is a dedicated protection order against abuse, neglect or financial exploitation. No prior police complaint is required.
August 23, 2026
Financial exploitation of older adults: the law’s 26 indicators
Act 76-2020 lists twenty-six signs of financial exploitation and clarifies that no police complaint is needed to seek a protection order.
August 23, 2026
Challenging your condominium Board: 30 days and a new court
Since July 2026 challenges go to a specialized court division with exclusive jurisdiction. You have 30 days.
August 23, 2026
Maintenance fees: penalties, service cut-offs and inherited debt
The Board may cut services after two unpaid instalments, but first it must evaluate a payment plan with you. And buying an apartment inherits the debt.
August 23, 2026
Virtual visitation: what the court may order and what does not count
The court may order video calls and allocate their cost. That cost is not considered when setting support, and virtual contact does not replace in-person.
August 23, 2026
How to get divorced in Puerto Rico: court or notary
The two grounds, the notarial divorce, the free OAT forms, and the $90 or $78 in stamps the Judiciary publishes.
August 14, 2026
How to request custody of a minor in court
Shared custody as the first alternative, the OAT forms, the $90 or $78 in stamps, and provisional and emergency custody.
August 14, 2026
How to request child support in court
Court or ASUME: the first forum you file in keeps the case. Free if you have custody and request support only.
August 14, 2026
Eviction in Puerto Rico: the full court process
Forcing someone out without a judgment is illegal. The $60 or $90 in stamps, the 5 days to appeal, and the protections for insolvent families.
August 14, 2026
How to claim money owed to you: Rule 60
The summary procedure for debts of $15,000 or less: $60 in stamps, form OAT 991 and a hearing within three months.
August 14, 2026
How to legally change your name or surname
The five documents from five agencies, the $78 in stamps, the 10-day prosecutor window and what to do afterwards.
August 14, 2026
Guardianship: how a guardian is appointed and what they can and cannot do
The four types of guardianship, the bond and its exemptions, and why the role does not begin until registration.
August 14, 2026
Moving or traveling outside Puerto Rico with your children
Taking them without permission can be treated as child abduction. The 30-day notice, the 20 days to answer, and what the court weighs.
August 14, 2026
How to adopt in Puerto Rico: requirements and court process
The three requirements, who can adopt, the Family Department’s REVA registry, and whether it is a petition or a complaint.
August 14, 2026
How to request a protection order without going to court
Requested online through the Electronic Court. Handled same day until 10:00 pm; outside those hours, go to the nearest police station.
August 26, 2026
What you can do in the Electronic Court without a lawyer
Six procedures for self-represented litigants, including contesting a ticket for $6.00 and requesting a courthouse wedding for $20.00.
August 14, 2026
If you cannot pay court fees: the indigency waiver
The in forma pauperis petition. The clerk takes the sworn statement free, and if granted you litigate as if you had paid.
August 14, 2026
Summons: how a lawsuit is served and who can do it
You have 120 days and you cannot serve it yourself. The rules by age, the sworn return, and waiver of service.
August 14, 2026
How to remove offenses from your criminal record
Misdemeanors are removed automatically after 30 days. Felonies go to court after five years, with witnesses and DNA.
August 14, 2026
How to find out if someone left a will, power of attorney or prenup
Three Judiciary registries, one same process: a form, $5.00 in stamps under Code 5120, and it can be requested by email.
August 14, 2026
How to get married at the courthouse in Puerto Rico
The clock: 14 days for the medical certification, 10 to return to the Registry and 10 to marry. The $30 and $20 paid separately.
August 14, 2026
Mental health crisis: temporary detention and involuntary commitment
Anyone over 18 can request it. It is not an arrest and does not affect the record. Outside hours, go to the nearest police station.
August 14, 2026
What filing a case costs: Puerto Rico court fees and stamps
The Judiciary’s official fee schedule: complaints, appeals, copies, weddings, service of process and marshal’s work.
August 14, 2026
Parental authority in Puerto Rico: what it is, when it ends and how it is limited
How it differs from custody and visitation, the duties it imposes, extended parental authority, and the standard of proof required to strip it.
August 14, 2026
Visitation in Puerto Rico: how to request or enforce time with your child
The OAT 1440 complaint, the $90.00 in stamps, the 30 days to answer, modification via OAT 1431, and contempt for non-compliance.
August 26, 2026
Stalking in Puerto Rico: what counts, and how to request a protection order
Ley 284-1999, the two-or-more-occasions pattern, who can request the order — the employer included — and the measures the court can impose.
August 14, 2026
Child abuse in Puerto Rico: where to report it and how to get a protection order
The Child Abuse Hotline at (787) 749-1333, what protects a reporter, and the Ley 57-2023 protection order a teacher, neighbour or relative can request.
August 14, 2026
Domestic violence in Puerto Rico: what Ley 54 covers and what you can ask the court for
The seven forms of violence Ley 54-1989 recognizes, the full list of protection-order remedies, and the escape plan.
August 14, 2026
Summoned for jury duty in Puerto Rico: what to do, what you are paid, and what happens if you skip it
The Bureau’s questionnaire, the five requirements, paid leave of up to 15 working days, the fine of no less than $500, and your job protection.
August 14, 2026
How to contest a traffic ticket in court in Puerto Rico
The Ley 22-2000 review petition: 30 days to file, 5 to notify the DTOP, $6.00 per ticket, and a hearing within 60 days.
August 14, 2026
Charged with a crime in Puerto Rico: the stages of the process and the rights that protect you
What happens after an arrest, the felony and misdemeanour stages, appointed counsel, and the six-month cap on preventive detention.
August 14, 2026
Bail in Puerto Rico: how to post it, how to lower it, and when it comes back
The four ways to post bail, the hearing to ask for a reduction, forfeiture for failing to appear, and why on appeal it stops being a right.
August 14, 2026
Victim and witness rights in Puerto Rico: where to go and what a summons means
The Ley 22-1988 Bill of Rights, the Justice Department office that provides the services, and what a summons means — contempt included if you skip it.
August 14, 2026
Your day in court in Puerto Rico: how to behave, when you speak, and what to do if you lose
The courtroom rules, what to do when called to testify, the order in which parties speak, and how to ask for reconsideration on the spot.
August 14, 2026
Free court-run mediation in Puerto Rico: settling without suing
Mediation Centers in all thirteen judicial regions — free, voluntary and confidential, in person or by videoconference.
August 14, 2026
When a minor has a case in Puerto Rico: how the Juvenile Court works
Not a criminal process, jurisdiction runs from 13 to 18, school incidents go through the school first, and the three dispositional measures.
August 14, 2026
Ley 140: the court’s fast track for neighbour, mechanic, wage and contractor disputes
Any adult can file, the hearing is set within no more than 5 days, and the outcome is a binding Provisional Statement of Right.
August 14, 2026
Exequátur: making an out-of-state or foreign judgment valid in Puerto Rico
The validity requirements, the two routes — $90.00 complaint or $78.00 ex parte petition — which court hears it, and what documents each case needs.
August 14, 2026
Protecting an older adult in Puerto Rico: protection order, support and criminal complaint
The three Ley 121-2019 remedies, who can seek them — anyone with an interest — and why breaching the order is a felony.
August 14, 2026
Puerto Rico Student Bill of Rights: what it protects and how to enforce it in court
It applies to public and private schools, covers ages 5 to 21, forbids asking about immigration status, and claims are filed through the Tribunal Electrónico.
August 14, 2026
Usucapión in Puerto Rico: acquiring property by possession, and getting the title
The four requirements, the terms that changed on 28 November 2020, and the declaratory action to register in the Property Registry.
August 14, 2026
Cyber violence in Puerto Rico: revenge porn, sextortion, grooming, and which law applies
The six forms by name, the laws that reach them, and the steps: document, assess safety, report.
August 26, 2026
Economic abuse in Puerto Rico: when the control is over your money and your job
The concrete list of acts Ley 54-1989 recognizes, the protection order’s financial remedies, and which documents to gather.
August 14, 2026
Sexual violence in Puerto Rico: what to do now, and how the law defines each offence
The immediate steps the Rape Victims Aid Center recommends, and the Penal Code definitions of sexual assault, lewd acts, sexual harassment and incest.
August 14, 2026
Human trafficking in Puerto Rico: how to spot it and where to call
The nine questions for identifying a possible victim, the penalties in Penal Code articles 159 and 160, and the two numbers for reporting.
August 14, 2026
Going to court without a lawyer in Puerto Rico: what self-representation requires, and what you will not be given
The four requirements, when to request it, why permission can be suspended, and the Pro Se Centers that guide you free of charge.
August 14, 2026
How Puerto Rico’s court system is organized, and who is who in the courtroom
The three levels and what each is for, why you do not testify at the Court of Appeals, and what each official you will meet does.
August 14, 2026
Puerto Rico court marshals: which orders they serve and when they knock on your door
The seven orders they carry out — from serving process to evictions — the Special Marshals Unit, and why they are the ones who attend the jury.
August 14, 2026
The Bill of Rights: what Puerto Rico’s Constitution guarantees you
The Bill of Rights sections explained, including the labour ones — eight-hour day, overtime, strikes and picketing — and the three statutory bills of rights.
August 14, 2026
You were paid with a bounced check: the 10-day notice the law requires
Act 26-1934 punishes worthless checks, but no one can be punished unless you first notify them personally and give them at least 10 or 15 days to pay.
August 24, 2026
Your image used without consent: Act 139-2011 and its $750 to $100,000 damages
If they use your name, photo, voice or an AI-made version of you to sell without permission, you can stop it and claim damages. You have 1 year.
August 24, 2026
Mortgage foreclosure: the mandatory mediation the court cannot skip
If they sue to foreclose on your principal residence, mediation is a jurisdictional requirement: without it no judgment can be entered and no judicial sale held.
August 24, 2026
Five matters you can handle before a notary instead of court
Declaration of heirs, holographic will, declaration of absence, perpetuating facts, and record corrections or name changes: Act 282-1999 lets you choose.
August 24, 2026
If a law school legal clinic serves you, you are exempt from court fees
Act 81-1964 exempts people receiving free legal services from law school clinics from paying fees, stamps and taxes.
August 24, 2026
Asking for your fingerprints and photographs back after an acquittal
Act 45-1983 lets you ask the court for the return of fingerprints and photographs if you were acquitted or received a full and absolute pardon.
August 25, 2026
Eviction of veterans, older adults and people with disabilities
Act 31-2026 makes the court notify the matching Ombudsman, demand a report in 30 days, and grants 20 non-extendable days before the eviction.
August 25, 2026
I cannot pay the court fine: subsidiary imprisonment
Act 21-2026 sets one day in jail per $50 unpaid, capped at 90 days, 30 days to pay, and a $50 credit per day already served if you pay later.
August 25, 2026
Civil remedies for animal protection: how to sue
Act 115-2026 lets anyone sue in civil court over animal cruelty, abandonment or abuse, separate from the criminal case.
August 26, 2026
Closed-circuit testimony for an elderly crime victim
Act 109-2026 lets an elderly victim of abuse or financial exploitation testify outside the courtroom, via closed-circuit TV, if the judge authorizes it.
August 26, 2026
Protection order for sexual violence victims
Act 148-2015 creates a protection order for victims of sexual assault, lewd acts, sexual harassment and incest, with no prior complaint required.
August 26, 2026
Reconsideration of a denied parole request
Act 50-2026 requires the Parole Board to address a reconsideration request within one year of a denial.
August 26, 2026
Mandatory recording when a minor waives their rights
Starting around late September 2026, Act 51-2026 requires the interrogation be recorded in audio and video for a minor's waiver of rights to be admissible.
August 26, 2026
A loan does not generate interest unless expressly agreed
Act 131-2026 clarifies the Civil Code: every loan is presumed interest-free unless the parties expressly agree otherwise.
August 26, 2026
Requirements for the Puerto Rico bar exam
Act 189-2026 eliminates the one-year residency requirement to apply for the bar exam. These are the three requirements that remain.
August 26, 2026
Grandparents' and aunts'/uncles' right to request visits with a minor
If a parent or guardian objects, a grandparent or aunt/uncle can go to court to request a relationship with the minor, under Article 619A of the Civil Code.
August 26, 2026
Diversion in Act 54 cases: what it is and when the court cannot grant it
The court can suspend the case and order a re-education program. Your opinion as a victim counts, and since 2026 sexual assault is excluded.
September 1, 2026
Suspended sentence: the offences that are left out
The court can suspend imprisonment and place the person on probation, but there is a closed list of offences that do not qualify.
August 27, 2026
They want to evict you from a home you contributed to: the community-of-property defence
Since Act 95-2026 you can present evidence of what you contributed and demand the eviction go through the ordinary route, not the summary one.
August 27, 2026
Asking the court to disqualify a lawyer
Rule 9.3 now lists the five criteria the court must weigh, and requires hearing the lawyer before ruling.
August 27, 2026
Failing to report child sexual abuse: two years in prison
Act 164-2026 made it a felony to stay silent on knowledge or suspicion of child sexual abuse. Two fixed years, and three for lying.
August 27, 2026
Violating a protection order: mandatory arrest and eight years
Act 183-2026 sets eight years for violating an order, obliges officers to arrest, and adds electronic monitoring if a sentence is suspended.
August 27, 2026
Temporary guardian for an older adult: the judge can appoint one
Act 87-2026 lets the judge appoint a temporary guardian in the same protection order when an accident or medical condition puts the adult at risk.
August 27, 2026
When the hospital answers for a doctor’s negligence
Act 191-2026 moved hospital liability from strict to vicarious: they can now defend themselves by proving they acted with diligence.
August 28, 2026
Revocable trust: now the default, and you have 10 days to record changes
Act 153-2026 recognizes the revocable trust, presumes it absent contrary terms, and requires recording amendments and revocations within ten days.
August 28, 2026
Expert drafts: what the other side can no longer request
Act 172-2026 gives work-product protection to expert report drafts and attorney-expert communications. Three exceptions remain that the court may still order.
August 29, 2026
Subpoenaing a witness outside Puerto Rico
Act 178-2026 lets you request the subpoena at your own court’s clerk office when the witness is in another state, without submitting to that state’s courts.
August 29, 2026
Probation: requirements and conditions
The four requirements that must all concur to suspend a sentence, the conditions that only count in writing, and the terms of a revocation.
August 31, 2026
Parole: how it is applied for
The application consents to the Board seeing the whole file. It then weighs eleven criteria, among them the victim’s opinion and where you plan to live.
August 31, 2026
Bail conditions in Act 54 cases
Six conditions the court must impose, and notice to the victim one hundred and twenty days before the aggressor completes the sentence.
September 1, 2026
The protection action plan
Act 54 writes down the escape plan, the emergency bag, the code word with the children and safety at home, at work and online.
September 1, 2026
Declaring a missing person absent
A year without news, a court, and someone left in charge of their accounts and debts until they turn up.
September 7, 2026
From provisional possession to the absentee’s presumed death
Three years to enter possession, ten to ask for presumed death, and four to claim if they return.
September 7, 2026
Declaring a death when the body is not found
In a catastrophic event there is no need to declare absence first, and the court may declare the death with no body.
September 7, 2026
Who stays in the house after the divorce
Preferential attribution divides ownership; the right to remain lets you live there. Two different things, and both can be asked for.
September 7, 2026
Divorced but not liquidated: the post-ganancial community
Half and half until it is liquidated, with a credit for the community if one uses common money to buy something.
September 7, 2026
Who owes support to whom in your family
Spouses, ascendants, descendants and siblings owe each other, in that order and with rules of their own.
September 7, 2026
The support obligation: how much, when, how it changes and when it ends
Owed from the complaint, paid in the first ten days of the month, and not reduced without judicial authorization.
September 7, 2026
Trees, windows and water: what the Code demands of you as a neighbour
Two metres for a tall tree, one and a half for a direct view, and your roof water falls on your own lot.
September 7, 2026
Your development’s deed restrictions: when they bind and how they go
Five cumulative requirements to bind everyone, and six causes to modify or extinguish them.
September 7, 2026
Letting someone live in your house without giving them the house
The right of habitation is presumed lifelong, cannot be leased or sold, and the holder pays almost no expenses.
September 7, 2026
Building or planting on someone else’s soil: who keeps the work
What is built on another’s soil belongs to the soil’s owner, but in good faith it must be paid for, and sometimes the builder keeps the land.
September 7, 2026
When two things belonging to different owners are joined or mixed
The owner of the principal thing keeps the accessory and pays its value; if they were mixed, each acquires a proportional share.
September 7, 2026
You lost possession: which improvements are paid and which crop you keep
Necessary expenses are paid to every possessor; useful ones only to the good-faith possessor, who may also retain the thing until paid.
September 7, 2026
Three actions to defend your property and what each one requires
Reivindicatory to recover the thing, declaratory to have your ownership declared, negatory to deny an encumbrance someone alleges.
September 7, 2026
What a usufruct is and how it is created
If the title does not say how long it lasts, the usufruct is for life. In favour of a juridical person it cannot exceed thirty years.
September 7, 2026
What the holder of a usufruct may do
They receive all the fruits, may lease the asset, transfer their right and mortgage it, but what they sign ends when the usufruct ends.
September 7, 2026
Who pays what in a usufruct: repairs, taxes and debts
Ordinary repairs and taxes on the fruits fall on the usufructuary; extraordinary repairs and taxes on capital fall on the owner.
September 7, 2026
When a usufruct ends and what happens next
Eleven causes of extinction, and a court that may end it for misuse, keep it under conditions, or pass it to the next usufructuary.
September 7, 2026
The wall dividing two houses: whose it is and who repairs it
The law presumes it is shared, but seven exterior signs make it one neighbour’s alone. Both pay pro rata.
September 7, 2026
What a servitude is and how it is created
Only continuous and apparent ones can be won by time, and it takes fifteen years. The rest are created only by agreement.
September 7, 2026
Who maintains a servitude and who may move it
Expenses fall on whoever benefits, the servient owner included if they gain from it. Moving the servitude is paid by whoever wants it moved.
September 7, 2026
When a servitude is lost and how it is cancelled
Fifteen years of non-use extinguish it. And if all its benefit disappears it does not revive, even if it later becomes useful again.
September 7, 2026
The surface right: building on another’s land and owning what you build
It takes a public deed and Registry recording. If the title does not say how long it lasts, it is understood granted in perpetuity.
September 7, 2026
When the surface right ends: who keeps the building
On expiry, the building is the soil owner’s, but absent agreement they must pay its value at the moment of transfer, with all its improvements.
September 7, 2026
Putting an asset up as security for a debt: the common rules
The creditor may not keep the asset outside an execution, and any agreement saying otherwise is null and treated as unwritten.
September 7, 2026
The pledge: leaving a movable asset as security for a debt
The creditor retains it until paid and may not use it without permission. To sell it: a notary, a public auction and summons to the debtor.
September 7, 2026
What the Civil Code says about the mortgage
Without recording in the Registry it is not validly constituted, unless the law recognizes it as tacit. The rest is governed by registry law.
September 7, 2026
Antichresis: paying the debt with a property’s fruits
The creditor collects from the fruits and in exchange pays taxes, conserves the property and renders accounts. But they may hand it back whenever they wish.
September 7, 2026
Having first claim to buy something: option, tanteo and retracto
They are real rights only if set in a public instrument and recorded. Without that they bind the parties but not third parties.
September 7, 2026
The option to purchase: how long it lasts and what it must say
As a real right it lasts five years on immovables and two on movables. Once recorded it is an encumbrance and binds later buyers.
September 8, 2026
The right of tanteo: buying before an outsider does
With no agreed period it lapses thirty days after the notice. And if you were not notified, or the terms changed, it becomes a retracto.
September 8, 2026
Selling with a right to buy back: the pacto de retroventa
Absent express agreement it lasts four years; agreed, no more than ten. And if the buyer takes no possession, the law presumes a mortgage loan.
September 8, 2026
Sold to an outsider: the co-owners’ and neighbours’ retracto
Thirty days from the recording or from learning of the sale. The co-owners’ retracto excludes the neighbours’.
September 8, 2026
What an obligation is and where it comes from
Six sources, and the list stays open. Whoever performs knowing they were not bound cannot demand it back.
September 8, 2026
Delivering a thing: accessories, expenses and who bears the loss
Whoever must deliver must also preserve, hand over the accessories and pay the delivery expenses. Receiving costs fall on the creditor.
September 8, 2026
Money debts: what they are paid in and when interest runs
The Code requires payment in the specie agreed and, failing that, in legal tender. It says "legal interest", and Article 1169 says which.
September 8, 2026
When what is promised is conduct: doing, not doing, and undoing bad work
If they do not do it or do it badly, performance is ordered carried out at the debtor’s cost and bad work can be ordered undone.
September 8, 2026
One thing or another is owed: who chooses and when it is fixed
The choice is the debtor’s unless given to someone else, and it only takes effect once notified. Once notified, it stops being alternative.
September 8, 2026
Several debtors: when each pays a share and when one is charged the lot
Solidarity is not presumed: the obligation or the law must say so. Without it, the debt is presumed divided into equal parts.
September 8, 2026
What can be performed in parts and what cannot
If there are several and the performance can be split, each owes their part and one who defaults does not oblige the others.
September 8, 2026
No date and no place agreed: when and where performance is due
With no term, payment is due at once unless the deal implies a tacit one. With no place, the municipality where the debtor resides.
September 8, 2026
No one has to accept part payment or a different thing
The obligation is extinguished when what is owed is delivered in full. The creditor cannot be compelled to take part, or something else.
September 8, 2026
Paying for someone else, and paying the wrong person
Anyone may pay another’s debt, with or without permission. But paying someone unauthorized does not always release you.
September 8, 2026
Several debts with one creditor: which one your payment goes to
You choose at the moment of paying, but interest comes first. And a receipt for principal with no reservation presumes interest paid.
September 8, 2026
The creditor will not take payment: releasing yourself by consignment
Four cases open consignment. If the court finds it well made after an unreasonable refusal, it sanctions the creditor up to 5%.
September 8, 2026
Settling with something other than what is owed: giving in payment
It takes agreement, at the very moment the different thing is handed over. No new obligation arises: the existing one is performed.
September 8, 2026
Paying another’s debt and keeping the credit and its securities
Subrogation is not presumed outside the Code’s cases: it must be clearly established. In three cases it is presumed.
September 8, 2026
If you owe me and I owe you: when debts cancel themselves out
They are extinguished in the concurring amount, even if neither knows. But five requirements apply, and some debts are excluded.
September 8, 2026
When the one who collects and the one who owes become the same person
The obligation is extinguished together with its securities. But the heir’s own debts are not merged with the estate’s.
September 8, 2026
What cannot be attached from you: the Civil Code list
Eleven subsections with dollar caps: $10,000 in household goods, $10,000 in trade equipment, the work vehicle and three quarters of wages.
September 8, 2026
From when someone is late: delay and its four exceptions
As a rule you must demand, in or out of court. But with a certain date in the contract, delay runs by itself.
September 8, 2026
Carelessness, bad faith or bad luck: who answers for what
With no agreed standard, that of a prudent and reasonable person applies. Waiving the action for wilful breach is void.
September 8, 2026
What is claimed when someone breaches: loss suffered and gain not made
A good-faith debtor answers for what was foreseeable at contracting; one who breaches wilfully, for everything. On money debts, interest.
September 8, 2026
Forgiving a debt: when conduct is enough and when form is required
Voluntarily handing you the private document of the debt implies waiving the action. And if you hold it, delivery is presumed.
September 8, 2026
Swapping the debt for another: when the old one is really extinguished
Changing the deal is not enough: it must be declared categorically or both obligations must be totally incompatible.
September 8, 2026
Your debt was sold to someone else: what happens to what you owe
If you paid the old creditor before learning of the assignment, you are released. And the assignment carries all accessory rights.
September 8, 2026
Passing on your share of an inheritance: what you answer for and what not
Whoever assigns an inheritance without listing its contents answers only for their capacity as heir. Fruits already taken are credited.
September 8, 2026
They bought your debt mid-lawsuit: you can settle it for what they paid
You reimburse the price, the costs and the interest, and the credit is extinguished. But the period is thirty days of caducidad.
September 8, 2026
Keeping the thing until you are paid: the right of retention
No court permission is needed to retain, but the retainer may not use the thing or keep it: any agreement otherwise is void.
September 8, 2026
What you sign has the force of law: the limits of freedom to contract
You may contract or not, and with whom you like, but not abusively. And what the contract omits is filled by law, usage and good faith.
September 8, 2026
From when there is a deal: the offer, the acceptance and the exact moment
Consent exists when the offeror receives the acceptance. And replying with changes is not accepting: it is a new offer.
September 8, 2026
Which deals must be put in a document, and the one the law forbids
Five cases must appear in a public or private instrument for evidentiary purposes. And a contract on a future inheritance is forbidden.
September 8, 2026
The contract you could not negotiate: seven clauses that are annullable
If one party drafted the form, it is read against them. And the Code marks seven clauses as especially annullable.
September 8, 2026
Bringing someone else into the deal: naming, promising for another, or in their favour
You may reserve naming later who takes your place; failing an agreed period, thirty days. And a benefit to a third party is revocable until they accept.
September 8, 2026
I will not perform until you do: when you may hold back your side
In reciprocal contracts you may refuse to perform while the other neither performs nor offers to. And if they half-perform, you reduce proportionally.
September 8, 2026
Ending the contract without suing: the six rules
The power to rescind out of court is implicit, but needs delay, a requirement with warning, and it operates when that requirement expires.
September 8, 2026
Earnest money: what you lose, or return doubled, if you back out
Whoever gives them and backs out loses them; whoever receives them and backs out returns as much again. Only until performance begins.
September 8, 2026
The penalty the contract sets: when it is collected and when a judge tempers it
The court must recognize the agreed clause and may only temper it where there is extreme economic disproportion with the performance.
September 8, 2026
When the deal ended up lopsided: annulling it or readjusting it
If the advantage exceeds half the promised value, taking advantage is presumed. And if an unforeseeable event made it excessive, there are six months.
September 8, 2026
The deal fell through before signing: when there is liability
Pre-contract dealings require loyalty and good faith. Breaking them off suddenly, inopportunely or arbitrarily obliges you to compensate expenses and reliance harm.
September 9, 2026
What a sale is, when it is a barter, and what form it needs
Transferring ownership for a certain price. If part of the price is another thing, it is still a sale as long as the money is worth the same or more.
September 9, 2026
Who may not buy and what may in fact be sold
Officials and judges, arbitrators, mediators, attorneys, procuradores and prosecutors face prohibitions. And a future or another’s thing may indeed be sold.
September 9, 2026
The thing bought was destroyed: until when the risk is the seller’s
Risk does not pass to the buyer until the seller places the thing at their disposal. If shipping was requested, it passes on handing it to the carrier.
September 9, 2026
What the seller must do and what the buyer must do
Seven duties for the seller and six for the buyer, plus the warranty deadlines: four years for immovables, six months for movables.
September 9, 2026
The price in a sale: who sets it and what if the parcel measures otherwise
The sale is void if the price is left to one party’s will. And if agreed by measure, a deviation over 5% lets the buyer rescind.
September 9, 2026
Pacts that may be added to a sale, and one that is void
Repurchase, return, preference and retention of title. The "better buyer" clause is void and deemed unwritten.
September 9, 2026
Barter: swapping one thing for another with no price between them
Each party has a seller’s obligations, except the expenses, split evenly. And if what you received is taken, you may claim back what you gave.
September 9, 2026
The supply contract: periodic deliveries and their rules
Ten years maximum from the first delivery. With no agreed term, it ends by effective notice never shorter than thirty days.
September 9, 2026
A supply delivery failed: rescind, or merely suspend
You rescind if the breach is significant and reasonably destroys confidence in later deliveries. If not, only suspension lies, with notice.
September 9, 2026
The loan in the Civil Code: what is handed over and what comes back
Fungible goods are handed over in ownership and the same quantity, kind and quality comes back. And if the lender fails to deliver, there is a remedy.
September 9, 2026
Interest on a loan: when it is owed and what happens if it is excessive
A clause obliging a natural person to pay more interest than the rules allow is void: only 75% of the principal may be collected.
September 9, 2026
A loan with no due date: ten days from the demand
With no agreed time, payment is made within ten days of the demand. And the lender answers for bad quality in what was lent, with nuances.
September 9, 2026
How long a lease lasts, and what if it expires, is sold, or someone dies
Absent a different term, a lease of immovables is understood as one year. Once expired, it continues until one party notifies its will to end it.
September 9, 2026
Subletting what you rent: when you may, and when they may refuse
If the contract does not expressly forbid it, you may sublet. The landlord may refuse only on two grounds the statute writes down.
September 9, 2026
The financial lease: they finance the thing and give you the option to buy it
The lessor finances the acquisition, transfers possession and grants a purchase option. That option’s price and duration must be clear.
September 9, 2026
Financial lease: what the lessor owes, what the lessee owes
Once three quarters of the thing’s price are paid and the option is communicated, the lessor must sell, save agreement otherwise. And it pays the policy.
September 9, 2026
A financial lease goes in writing — and on an immovable, by deed and recorded
On immovables it needs a public deed and recording, whatever its duration, with a ten-year maximum. And without recording it is not effective against third parties.
September 9, 2026
You fell behind on the lease: what the lessor may do, and when
On immovables, the more you have paid the longer they wait: 60 days past a quarter of the cánones, 120 past three quarters. On movables, five days.
September 9, 2026
Lodging: what the host owes the guest and the guest owes the host
A clean room, measures for the guest’s life, health and goods, and respect for their privacy. The guest pays, takes care, and declares valuables.
September 9, 2026
The contract for works: who is the contractor and who the principal
The contractor binds itself, without being subordinate, to carry out a material or intellectual work for a price. It picks the means and may use assistants.
September 9, 2026
The price of works: who fixes it and who supplies the materials
Absent agreement, a lump sum is presumed and the contractor supplies the materials. With no price and no applicable usage, the court determines it.
September 9, 2026
Contracted works: ten years of warranty against ruin, and nine more duties
The contractor guarantees soundness against ruin for ten years from delivery. And those who put in labour and materials may claim from the owner.
September 9, 2026
The work collapsed, someone died, or it became impossible: what gets paid
Where the contract fails, the principal pays for usable materials and the proportional value of what was executed. With its own rules if the work is destroyed.
September 9, 2026
Getting out of a works contract: the 20%, the five days, and what you pay
If necessary changes raise the price by 20%, the principal may rescind — but only within five days. And they may always cancel by paying for work done.
September 9, 2026
The services contract, and how it differs from a contract for works
The provider supplies a service, without being subordinate, for a price. It is agreed for a set time; if not, supply-contract rules apply.
September 9, 2026
Services contract: what the client owes and what the provider owes
Two duties for the principal and four for the provider, including the ordinary materials and a reasonable time where none was agreed.
September 9, 2026
Cancelling a service: the lost profit gets paid too
The principal may rescind even after work began, but pays expenses, work done, and the profit the provider could have obtained.
September 9, 2026
The contract of carriage: delay, damage, and who answers
A late carrier loses freight in proportion, and all of it if it took double the period. And it answers for damage unless it proves another’s fault.
September 9, 2026
Travelling as a passenger: safety covers boarding and getting off too
The carrier must move you with your luggage and guarantee your safety during the journey, boarding and disembarking. And you have six duties.
September 9, 2026
What you owe whoever acts for you: pay, expenses, and accounts in 30 days
A mandate is presumed paid. And if you do not protest the final accounts within thirty days of their rendering, they are deemed accepted.
September 9, 2026
Acting for another: the mandatary’s eleven duties and two rights
Execute personally, follow instructions, disclose conflicts and render accounts. And they may retain the goods with preference until paid.
September 9, 2026
When a mandate ends, and what still counts once it has
It ends by full execution, expiry, death or incapacity — except a durable power — and by revocation. Acts done before learning of it stay valid.
September 9, 2026
Brokerage: when the commission is earned even if you close the deal yourself
If the broker has begun work and you close on your own, or they found a taker and you back out, the fee is owed anyway.
September 9, 2026
Agency contract: one month’s notice per year, up to six
With no term, either side may end it giving one month’s notice per year in force, capped at six. Without notice, the lost profits are paid.
September 9, 2026
Your cargo arrived damaged: you have ten days to report it
The Civil Code gives the consignee ten days from receiving the cargo to tell the shipper of loss or damage that was not visible on receipt.
September 9, 2026
Commercial agent: you are paid monthly and answered within 15 days
Article 1426 requires the principal to pay monthly and to communicate acceptance or rejection within a period that must never be less than fifteen days.
September 9, 2026
Agent’s commission: earned when the contract is perfected
Article 1430 fixes when the commission is earned and when the principal’s fifteen-day silence counts as acceptance of the order.
September 9, 2026
Your agency ended: the clientele you left behind can be paid for
Article 1435 recognises a remuneration for the agent whose work keeps producing advantages for the principal, capped at one year of net remunerations.
September 9, 2026
Distributing a brand: what the maker owes you and what you owe it
The Civil Code places eight obligations on the grantor and eight on the concessionaire, and by default bars sub-concessionaires and assigning the contract.
September 9, 2026
They pull your distribution: they must buy your stock back
Article 1446 requires the grantor to buy the new products and spare parts left at the end of the notice period, at ordinary sale prices.
September 10, 2026
Civil partnership: unregistered, it is no separate legal person
Article 1448 of the Civil Code says the partnership has no legal personality separate from its partners unless it is registered.
September 10, 2026
Partnership debts: partners answer with their own estate
Article 1451 makes partners answer with their personal estate subsidiarily, jointly and without limit, and voids any agreement excluding one from the profits.
September 10, 2026
Partnership with no term: it can last the partners’ whole lives
Article 1452 gives four possible durations where nothing was agreed, and 1453 allows early dissolution for just cause.
September 10, 2026
Leaving something in safekeeping: a deposit is presumed paid
Article 1457 presumes the deposit is paid for, and 1460 bars requiring you to prove ownership to get it back.
September 10, 2026
They keep your goods: they cannot use them, but can hold them if you owe
Article 1461 bars the depositary from using the good and requires discretion; 1463 lets it hold the good until full payment.
September 10, 2026
Lending free of charge: only the owner or usufructuary may do it
A commodatum is the free loan of a non-fungible good that must be returned. Article 1465 limits who may lend it.
September 10, 2026
Lent something free: you answer even for a fortuitous event
Article 1468 makes the borrower indemnify loss even by fortuitous event, unless it proves it would have happened in the lender’s hands too.
September 10, 2026
You lent something: six months from its return to claim the damage
Article 1471 gives the lender six months from the return to claim deterioration, and 1469 allows an early demand in two cases.
September 10, 2026
Standing surety: never more than the debtor, but costs are included
Article 1475 bars the surety from owing more than the debtor, and 1474 folds accessories, costs and fees into the suretyship.
September 10, 2026
Getting out of a suretyship: retract by notice, but only going forward
Article 1478 lets an indeterminate-time suretyship be retracted at any moment; from the notice it stops covering new obligations.
September 10, 2026
Standing surety: if it is not in writing, the suretyship is void
Article 1482 voids a suretyship not agreed in writing, and 1481 bars the surety from excusing itself on the debtor’s incapacity.
September 10, 2026
They come at you as surety: the debtor’s property goes first
Article 1483 makes the creditor exhaust the debtor’s property before turning to the surety. Article 1484 lists five exceptions.
September 10, 2026
Sued as a surety: you also get to raise the debtor’s defences
Article 1485 lets the surety raise the debtor’s defences even if waived, and 1486 strips force from a judgement it was never notified of.
September 10, 2026
You paid as surety: you recover from the debtor with interest from that day
Article 1489 subrogates the surety into the creditor’s rights and lets it demand interest from the day of payment plus losses suffered.
September 10, 2026
You overpaid as co-surety: you recover from the others, but share the loss
Article 1493 subrogates the overpaying co-surety against the others, and 1494 spreads the insolvent one’s loss among all — including it.
September 10, 2026
They extended the debtor’s deadline without asking you: your suretyship ends
Article 1495 extinguishes the suretyship on an extension given without the surety’s consent, unconsented novation, and creditor negligence in excussion.
September 10, 2026
Settling a dispute: the agreement has the effects of res judicata
Article 1500 gives the settlement the effects of res judicata, and 1499 orders it interpreted restrictively.
September 10, 2026
Settling a dispute: in writing, and never over future support
Article 1503 voids a settlement not in writing or in a court ruling, and 1502 bars settling future support and non-waivable rights.
September 10, 2026
Contracts of chance: the risk is assumed, the rest can still be rescinded
Article 1507 subjects aleatory contracts to the general rules of efficacy and inefficacy, rescission included, except as to the assumption of risk.
September 10, 2026
Unlawful gaming debt: uncollectable, and if you paid you get half back
Article 1510 denies any action to collect unlawful gaming winnings, and 1511 returns 50% to the payer; the other 50% goes to the Treasury.
September 10, 2026
You took on someone else’s affair uninvited: you cannot just drop it
Article 1517 requires the manager to notify without delay and to continue until the interested party can take over, ratify or entrust it to another.
September 10, 2026
You managed another’s affair: expenses are repaid up to the benefit it gave
Article 1519 makes the interested party who benefits reimburse expenses and losses up to the benefit received, even without having ratified.
September 10, 2026
You paid what you did not owe: you need not prove you were mistaken
Article 1520 gives the right to demand restitution of what was paid without legal cause, and says expressly it does not depend on a mistake.
September 10, 2026
You received a payment not yours: good faith changes what you return
Article 1522 makes a bad-faith recipient pay interest or fruits; 1523 limits the good-faith one to the extent they were enriched.
September 10, 2026
Unjust enrichment: if a contract binds you, it does not apply
Article 1526 requires indemnifying in the measure of one’s own enrichment, and 1527 bars the action where another exists or a contract binds the parties.
September 10, 2026
Announced reward: it binds from the moment the public learns of it
Article 1529 binds whoever publicly promises a reward from the moment it reaches the public, and anyone who complies may demand it.
September 10, 2026
Withdrawing a reward: if you already complied, revocation misses you
Article 1533 requires revoking in the same form as announced, and leaves out whoever complied before the revocation was first published.
September 10, 2026
Negligence damage: family immunity applies, with two ways out
Article 1536 requires repairing damage caused by fault or negligence; 1537 bars it between certain relatives, save a crime or no family unity.
September 10, 2026
How damage is repaired: money, restoration, or both — your choice
Article 1538 leaves the form of reparation to the injured party’s choice, and allows an additional award where the act is a crime or wilful.
September 10, 2026
A product hurt you: you do not have to prove negligence
Article 1542 makes whoever sells an unreasonably dangerous product in the flow of commerce answer even without fault or negligence.
September 10, 2026
You were partly at fault: you do not lose the claim, it is reduced
Article 1545 says the injured party’s concurrent imprudence does not exempt from liability, but reduces the award in proportion to its degree.
September 10, 2026
An inheritance can be debts alone: the Code says so in those words
Article 1552 says the inheritance comprises rights and obligations even where obligations exceed rights, or where there are only obligations.
September 10, 2026
Who may inherit and the six causes that forfeit an inheritance
Article 1556 of the Civil Code of 2020 lists six causes of unworthiness to inherit. Only two of the six require the person to be convicted.
September 10, 2026
A pardon of an unworthy heir is irrevocable, and the action lapses after four years
Articles 1559 to 1561 of the Civil Code of 2020: what the unworthy heir returns, how the decedent may rehabilitate them, and when the four years start running.
September 10, 2026
Who looks after the estate while nobody has accepted the inheritance
Article 1563 of the Civil Code of 2020 sets four rungs in order: the decedent’s designee, the executor, those called to succeed and, absent agreement, the court.
September 10, 2026
Pregnant by the decedent: the right to be maintained at the estate’s charge
Article 1566 of the Civil Code of 2020 sets two limits: it may not exceed the posthumous child’s share, and it is restored if the child is not the decedent’s.
September 10, 2026
Accepting or repudiating an inheritance cannot be partial, timed or conditional
Article 1573 of the Civil Code of 2020 forbids it, and 1571 adds that acceptance and repudiation are unilateral and irrevocable acts.
September 10, 2026
If the court sets you a term and you do not answer, the inheritance is taken as accepted
Article 1578 of the Civil Code of 2020 lets any interested person request that term 30 days after the delación, and silence does not repudiate: it accepts.
September 10, 2026
Repudiating an inheritance is valid only by public deed or a writing to the court
Article 1583 of the Civil Code of 2020 gives only those two routes. Accepting does admit a private document; repudiating does not.
September 10, 2026
An heir answers only up to the value of what they receive, with two exceptions
Article 1587 of the Civil Code of 2020 sets that cap. Article 1588 breaks it if you pay unmatured debts with estate goods or damage them by your fault.
September 11, 2026
The funeral, the inventory and the executor’s pay come out of the estate
Article 1589 of the Civil Code of 2020 lists six hereditary charges, and the sixth leaves the list open: the other expenses of an analogous nature.
September 11, 2026
Accepting an inheritance does not mix your goods with the decedent’s
Article 1590 of the Civil Code of 2020 says the confusion of patrimonies does not occur, and 1591 lets the heir oppose the attachment of their own goods.
September 11, 2026
Claiming an inheritance never lapses, but goods can still be lost to usucapión
Article 1593 of the Civil Code of 2020 says both in one line: the action is imprescriptible, without prejudice to the usucapión of particular goods.
September 11, 2026
The apparent heir’s acts fall only if both he and the third party acted in bad faith
Article 1596 of the Civil Code of 2020 uses “and”, not “or”: bad faith on both sides is needed for an act of administration to fail.
September 11, 2026
Income from inherited goods belongs to the estate until there is a partition
Article 1603 of the Civil Code of 2020 says so, and 1600 adds that the hereditary community has no juridical personality.
September 11, 2026
You sell your quota without permission; a specific good needs every heir
Article 1604 of the Civil Code of 2020 separates the two, and 1605 gives co-heirs thirty days of tanteo if the buyer is a stranger.
September 11, 2026
A testator may forbid dividing for four years; the heirs may renew it
Article 1607 of the Civil Code of 2020 gives the testator a four-year cap that does not reach the legítima. Article 1608 lets the heirs renew theirs.
September 11, 2026
If your parent died before the grandparent, you inherit in their place, by estirpes
Article 1611 of the Civil Code of 2020 allows it in testate and intestate succession, and 1614 limits what you receive to what your represented would get.
September 11, 2026
If another heir does not take their share, yours grows and you cannot refuse it
Article 1616 of the Civil Code of 2020 says the right of accretion is irrenunciable, and that it yields to the right of representation when that applies.
September 11, 2026
If you have forced heirs, you may freely dispose of only half your goods
Article 1623 of the Civil Code of 2020 says so. And 1622 names the forced heirs: descendants, surviving spouse and, failing these, ascendants.
September 11, 2026
If the widowed spouse’s share falls short of the house, the gap comes from the free half
Article 1625 of the Civil Code of 2020 grants a lifetime, free right of habitation and charges that gap to the decedent’s free-disposition share.
September 11, 2026
Conditions placed on your forced share are held as not placed
Article 1626 of the Civil Code of 2020 calls an encumbrance any charge, condition, term, mode, usufruct, obligation, prohibition or limitation.
September 11, 2026
Leaving a child out of the will does not void it: it re-divides the forced share
Article 1629 of the Civil Code of 2020 says preterition does not annul the institution of heir and entails dividing the legítima among all the forced heirs.
September 11, 2026
Disinheriting requires naming the cause in the will, and the heir bears the proof
Article 1632 of the Civil Code of 2020 requires the disinheritance and its cause to appear expressly and clearly. Challenging it lapses after two years.
September 11, 2026
With no will, the children and the spouse inherit in equal parts
Article 1721 of the Civil Code of 2020 says so, and 1719 opens intestate succession also when the will is ineffective or insufficient.
September 11, 2026
If one parent cannot or will not inherit, the estate passes entirely to the other
Article 1723 of the Civil Code of 2020 says so. Ascendants inherit only failing descendants AND a surviving spouse.
September 11, 2026
Siblings and nephews inherit before other relatives, and the limit is the sixth degree
Article 1725 of the Civil Code of 2020 calls siblings and nephews the preferred collaterals. Article 1726 closes private succession at the sixth degree.
September 11, 2026
With no heirs, the estate goes to the University Fund after a judicial declaration
Article 1727 of the Civil Code of 2020 so orders, with two exceptions: agricultural land and property declared a public nuisance.
September 11, 2026
If several executors are named without saying how they act, joint action is presumed
Article 1735 of the Civil Code of 2020 sets that presumption, and 1729 bars the person declared unworthy and the disinherited from the office.
September 11, 2026
An albacea may not sell estate goods unless the testator authorised it
Article 1741 of the Civil Code of 2020 leaves two routes without that authorisation: the heirs’ unanimous consent or judicial authorisation.
September 11, 2026
A creditor with written title may request an administrator be named for the estate
Article 1744 of the Civil Code of 2020 allows it, alongside the albacea, the forced heirs and the heirs or legatees.
September 11, 2026
The albacea or administrator must request a contador partidor once debts are covered
Article 1749 of the Civil Code of 2020 uses “must”, not “may”, and conditions that duty on the debts and administration expenses having been satisfied.
September 11, 2026
The office is voluntary, yet staying silent fifteen days after being asked accepts it
Article 1750 of the Civil Code of 2020 calls the office of executor voluntary and 1751 creates a legal acceptance by the passing of fifteen days.
September 11, 2026
If minors are among the interested parties, the executor’s bond shrinks but does not vanish
Article 1757 of the Civil Code of 2020 lets the majority exempt the executor, but the bond must be proportional to the interest of minors or incapacitated persons.
September 11, 2026
An executor’s pay may not exceed ten per cent of the rents or the net product
Article 1761 of the Civil Code of 2020 sets that cap and lets the will, the heirs’ agreement or, failing those, the court fix it.
September 11, 2026
A will cannot exempt an executor from accounting: the clause is held as not written
Article 1767 of the Civil Code of 2020 says so, and requires quarterly written accounts plus a final account three months after the charge ends.
September 11, 2026
Resigning the office without just cause costs the share or legacy, never the legítima
Article 1770 of the Civil Code of 2020 sets that penalty and marks its exact limit. Article 1771 lists five just causes to remove an executor.
September 11, 2026
If the will contradicts itself, the dividing clause wins; in a separate act, it loses
Article 1778 of the Civil Code of 2020 reverses the rule depending on where the partition was written: inside the will or in a separate act.
September 11, 2026
Once the partition is made, a creditor may claim everything from a single heir
Article 1786 of the Civil Code of 2020 allows it up to the value that heir receives; 1785 lets creditors halt the partition.
September 11, 2026
What was left is valued today; what was given away, at the price back then
Article 1787 of the Civil Code of 2020 uses two different valuation dates in one calculation, and 1788 removes gifts older than ten years.
September 11, 2026
What you already got comes out of your legitime first, not the free half
Article 1789 of the Civil Code of 2020 imputes to the legitime what a forced heir received; 1790 sends a stranger’s gift to the free half.
September 11, 2026
The most recent gift is the first to fall
Article 1792 of the Civil Code of 2020 reduces lifetime gifts from the most recent date back to the most remote, and 1791 shuts the creditor out.
September 11, 2026
If a coheir is insolvent, even the victim pays part of their own indemnity
Article 1799 of the Civil Code of 2020 spreads the insolvent’s share among the rest, including the one who must be indemnified.
September 11, 2026
If you sold your share of the inheritance, you lose the right to attack the partition
Article 1805 of the Civil Code of 2020 closes these actions to anyone who alienated all their participation or a considerable part of it.
September 11, 2026
A will that names no heirs is still valid
Article 1660 of the Civil Code of 2020 says so in one sentence, and 1663 splits in equal parts when no shares were set.
September 11, 2026
The ban does not stop at the caregiver: it reaches their family and their church
Article 1662 of the Civil Code of 2020 extends the ban to the fourth degree of consanguinity, the second of affinity, and the clergy member’s institution.
September 11, 2026
A false reason in the will does not knock down the inheritance
Article 1664 of the Civil Code of 2020 annuls the designation only if the will itself reveals two things at once, and deletes an illicit motive.
September 11, 2026
Transmission, substitution and accretion: the Code ranks them in that order
Article 1671 of the Civil Code of 2020 settles it in one sentence, and 1668 extends the substitute to the case the testator did not foresee.
September 11, 2026
Someone else may choose who, but never how much or whether it happens
Article 1672 of the Civil Code of 2020 allows entrusting the choice; 1673 forbids leaving the gift’s subsistence and amount to a third party.
September 11, 2026
An impossible or illegal condition is deleted and the inheritance stays
Article 1676 of the Civil Code of 2020 considers it not written: the condition falls, not the designation of heir or legatee.
September 12, 2026
Forbidding marriage in a will does not hold; limiting a right’s duration does
Article 1677 of the Civil Code of 2020 deletes the condition of not marrying in its first paragraph and saves a list of four rights in the second.
September 12, 2026
If the will forbids you something, you collect now and post a bond
Article 1680 of the Civil Code of 2020 does not make you wait a lifetime: you receive the inheritance by bonding that you will not do the forbidden thing.
September 12, 2026
Until the date arrives someone else inherits, and touches nothing without inventory and bond
Article 1683 of the Civil Code of 2020 calls the legitimate heir meanwhile, and requires inventory and bond with the instituted person taking part.
September 12, 2026
A charge attached to an inheritance is not a condition: you receive now and owe after
Article 1685 of the Civil Code of 2020 treats it as a modal obligation unless another intent appears, and 1686 makes the heir’s right immediate.
September 12, 2026
A legacy must be asked for: you cannot take the thing on your own
Article 1691 of the Civil Code of 2020 makes the legatee ask the heir or albacea for delivery, and 1692 forbids substituting the thing.
September 12, 2026
Left something that was not theirs: valid if the testator knew, and proving it is on you
Article 1693 of the Civil Code of 2020 puts the burden of proof on the legatee, and 1695 leaves the mortgage on the legated thing to them.
September 12, 2026
If they forgave the debt and then sued you, the forgiveness falls
Article 1697 of the Civil Code of 2020 voids a legacy of credit or condonation when the testator files suit after making the will.
September 12, 2026
A generic movable holds even if there is none; an undetermined property, only if there is
Article 1700 of the Civil Code of 2020 treats movables and immovables in opposite ways, and leaves the choice to the heir.
September 12, 2026
A pension left in a will is paid in advance, and a begun period is never returned
Article 1705 of the Civil Code of 2020 lets the first payment be demanded from the testator’s death and requires no return of a begun period.
September 12, 2026
If they sold the thing they left you, buying it back does not revive the legacy
Article 1707 of the Civil Code of 2020 keeps the legacy forceless even if the thing returns to the testator, unless reacquired by pacto de retroventa.
September 12, 2026
Not saying a formality was met does not void a will; not meeting it does
Article 1708 of the Civil Code of 2020 saves the will when it can be shown the requirement was met even if not stated.
September 12, 2026
A torn holographic will is presumed destroyed by whoever was keeping it
Article 1715 of the Civil Code of 2020 calls tearing up a holographic will real revocation, and presumes whoever held it destroyed it.
September 12, 2026
Divorcing erases what you left your spouse, without touching the will
Article 1714 of the Civil Code of 2020 revokes only the dispositions favouring the spouse if at the testator’s death a divorce is decreed or nullity declared.
September 12, 2026
Revoking the will that revoked does not resurrect the first one
Article 1716 of the Civil Code of 2020 restores the earlier will’s effect only when the testator expressly says so.
September 12, 2026
Voiding a contract for your own mistake makes you pay the other side’s expenses
Article 286 of the Civil Code of 2020 makes only the author of deceit, violence and intimidation indemnify; in error, whoever invokes it pays.
September 12, 2026
A calculation error in a contract is corrected; it does not void the deal
Article 290 of the Civil Code of 2020 orders calculation errors rectified, and Articles 288 and 289 limit which errors do void.
September 12, 2026
Staying silent on purpose is deceit; and if both deceived, nobody indemnifies anybody
Article 292 of the Civil Code of 2020 counts an intentional omission as deceit, and Article 294 leaves reciprocal deceit without remedy.
September 12, 2026
Threatening someone you love voids the contract, and it counts even from a third party
Article 295 of the Civil Code of 2020 includes imminent harm to your loved ones, and Article 296 reaches a threatening third party.
September 12, 2026
Performing the contract after the cause ends costs you the right to void it
Article 350 of the Civil Code of 2020 turns full or partial performance into tacit confirmation, and 351 extinguishes the action with it.
September 12, 2026
If the document does not clearly say you sign for another, the deal is yours
Article 318 of the Civil Code of 2020 treats the representative as acting on their own account when the act does not clearly say otherwise.
September 12, 2026
Your agent may not sell themselves what is yours without your express consent
Article 322 of the Civil Code of 2020 makes voidable any act the representative makes with themselves without the principal’s express consent.
September 12, 2026
The silence of whoever was asked to ratify is understood as a refusal
Article 325 of the Civil Code of 2020 reads silence as a refusal to ratify, yet ratifies silently whoever takes the deal’s benefit.
September 12, 2026
If the bound party blocks the condition, the Code treats it as fulfilled
Article 307 of the Civil Code of 2020 deems fulfilled a suspensive condition the bound party blocked, and unfulfilled a resolutory one they provoked.
September 12, 2026
Falling into insolvency ends the term even with no court declaring it
Article 313 of the Civil Code of 2020 voids the term if the debtor falls into insolvency, even undeclared, unless they secure performance.
September 12, 2026
Not answering is not accepting, except in the three cases the Code lists
Article 267 of the Civil Code of 2020 says silence or inaction do not declare will, save by law, agreement, or prior dealings.
September 12, 2026
If the contract’s purpose is frustrated through nobody’s fault, you may resolve it
Article 276 of the Civil Code of 2020 lets the injured party resolve the act, or adjust performances, if the causa is frustrated through no party’s fault.
September 12, 2026
If you agreed on a form, doing it another way leaves the act with no validity
Article 277 of the Civil Code of 2020 strips validity from an act done in a form other than the one the parties agreed.
September 12, 2026
A private document with no certain date is useless against a third party
Article 283 of the Civil Code of 2020 says a private instrument without a certain date is not opposable to third parties, even if acknowledged at trial.
September 12, 2026
An ambiguous clause is read against its drafter and for the weaker party
Article 358 of the Civil Code of 2020 reads an ambiguous clause of a bilateral act against its drafter and for whoever had less bargaining power.
September 12, 2026
Handing your debt to someone else does not free you without the creditor’s consent
Article 359 of the Civil Code of 2020 says transmitting an obligation frees the transmitting debtor only when the creditor authorises it.
September 12, 2026
Divorce ends kinship by affinity with your former spouse’s family
Article 368 of the Civil Code of 2020 says dissolving the marriage ends kinship by affinity, save where the law provides otherwise.
September 12, 2026
In the collateral line you climb to the common trunk and then count back down
Article 374 of the Civil Code of 2020 counts one grade per generation up to the common ancestor and one per generation coming back down.
September 12, 2026
The Code imposes no wait between a dissolved marriage and the next one
Article 383 of the Civil Code of 2020 leaves former spouses fit to formalise a new marriage once the tie is dissolved by any cause.
September 12, 2026
The exam result cannot block the wedding; hiding it vitiates consent
Article 388 of the Civil Code of 2020 bars using the medical certificate to deny the licence, and 386 makes concealment a defect of consent.
September 12, 2026
If the certificate is gone, any suitable evidence proves the celebration
Article 396 of the Civil Code of 2020 admits any suitable evidence of the celebration when the certificate or inscription cannot be found.
September 12, 2026
Neither spouse may claim to represent the other without express permission
Article 402 of the Civil Code of 2020 requires representation between spouses to be expressly conferred, by judicial authority or by law.
September 12, 2026
The action to declare a marriage null is imprescriptible: it never expires
Article 405 of the Civil Code of 2020 makes the nullity action imprescriptible, and 404 opens it to anyone with a legitimate interest.
September 12, 2026
Continuing marital life after the cause ceases confirms the marriage
Article 411 of the Civil Code of 2020 treats the union as confirmed when the entitled spouse continues marital life after the cause ceases.
September 12, 2026
A null marriage contracted in good faith produces all its effects until the judgment
Article 412 of the Civil Code of 2020 keeps the marriage’s effects for the good-faith spouse until the nullity judgment becomes firm.
September 12, 2026
The dissolution does not prejudice good-faith third parties until it is inscribed
Article 418 of the Civil Code of 2020 requires noting the dissolution in the margin of the marriage inscription and makes it opposable only from then.
September 13, 2026
Filing the petition cuts off the ganancial character of what each then acquires
Article 426 of the Civil Code of 2020 ends the common character of goods from the filing of the petition and revokes mandates between spouses.
September 13, 2026
The individual-petition judgment does not describe the conduct behind the divorce
Article 434 of the Civil Code of 2020 dissolves the tie without describing the specific conduct behind an individual petition for irreparable rupture.
September 13, 2026
The absentee reappearing does not revive a marital tie already dissolved
Article 438 of the Civil Code of 2020 says the absentee’s reappearance does not revive the dissolved tie, even if the absence was involuntary.
September 13, 2026
A spouse who serves as guardian may not seek divorce until the guardianship closes
Article 442 of the Civil Code of 2020 bars the guardian spouse from seeking divorce from their ward until the guardianship ends and final accounts are rendered.
September 13, 2026
The court may forbid taking the children out of Puerto Rico while the case lasts
Article 446 of the Civil Code of 2020 allows forbidding moving the children out of Puerto Rico and protecting their health plan during the dissolution process.
September 13, 2026
From the day of filing, neither may encumber or sell the common goods alone
Article 455 of the Civil Code of 2020 bars disposing of common goods without the other spouse’s consent or prior judicial authorisation from the filing date.
September 13, 2026
Maintenance orders are not suspended while their validity is challenged
Article 458 of the Civil Code of 2020 admits no interruption or suspension of care and maintenance measures while the challenging recourse is pending.
September 13, 2026
Only fraudulent conduct sets aside a divorce judgment
Article 470 of the Civil Code of 2020 rules out challenging the judgment for procedural defects that are not an intentional act to defraud.
September 13, 2026
Living with another person extinguishes the pension the ex-spouse pays
Article 468 of the Civil Code of 2020 extinguishes the ex-spouse’s pension on remarriage or on establishing a relationship of cohabitation with another person.
September 13, 2026
To divorce before a notary, one of the two must have resided a year in Puerto Rico
Article 473 of the Civil Code of 2020 dissolves the marriage by public deed if, on granting it, at least one spouse resided in Puerto Rico the preceding year.
September 13, 2026
You may grant the divorce dividing nothing, but then the children’s matters go to court
Article 474 of the Civil Code of 2020 allows the divorce deed without liquidating gananciales or stipulating on the minors, and requires filing the action in court.
September 13, 2026
If there is an incapacitated person, the divorce cannot be granted by public deed
Article 475 of the Civil Code of 2020 closes the notarial route when there are incapacitated persons, and gives the notary ten days to notify.
September 13, 2026
Even under separation of property, both spouses’ goods answer for the family charges
Article 492 of the Civil Code of 2020 subjects both spouses’ goods to the lifting of the marriage and family charges, independently of the régime.
September 13, 2026
Giving away a common good without the other spouse is void; selling it is only annullable
Article 495 of the Civil Code of 2020 voids gratuitous acts over common goods done without the other spouse’s consent, save the customary modest gifts.
September 13, 2026
What you inherit or are given during the marriage is yours and does not enter the community
Article 509 of the Civil Code of 2020 makes gratuitously acquired goods separate property during the society, whether by donation, legacy or inheritance.
September 13, 2026
The fruits of a separate good are community property even though the good stays one spouse’s
Article 513 of the Civil Code of 2020 makes ganancial the fruits produced both by privative goods and by common and ganancial ones.
September 13, 2026
The right to a retirement pension is separate property, but the monthly payments are community
Article 515 of the Civil Code of 2020 makes the right to a retirement pension separate and the periodic payments received during the society community property.
September 13, 2026
Paying for separate property with common money does not make it common: it creates a credit
Article 511 of the Civil Code of 2020 keeps the privative character even if paid with common funds, and gives the society a credit for the value paid.
September 13, 2026
The marriage’s goods are presumed community property until the contrary is proved
Article 519 of the Civil Code of 2020 presumes the marriage’s goods ganancial while it is not proved they belong privatively to either spouse.
September 13, 2026
A spouse contracting alone is presumed to act with the other’s consent
Article 521 of the Civil Code of 2020 presumes the spouse contracting certain debts acts with the other’s consent, while the contrary is not proved.
September 13, 2026
A fine for a personal act is not paid by the common estate, unless there is nothing else
Article 522 of the Civil Code of 2020 excludes pre-society debts and fines for personal acts from the common estate, allowing only subsidiary recourse.
September 13, 2026
If the gambling is compulsive, the gambler answers with their own goods
Article 523 of the Civil Code of 2020 takes the common estate off what is lost and unpaid when a disorder compelling compulsive gambling is shown.
September 13, 2026
If your partner unjustifiably refuses to sign, you may ask the court for assistance
Article 526 of the Civil Code of 2020 allows demanding judicial assistance when a spouse cannot give consent or unjustifiably refuses.
September 13, 2026
Selling a community good requires the written consent of both spouses
Article 527 of the Civil Code of 2020 requires both spouses’ written consent to dispose of ganancial goods for value, voiding the act absent timely ratification.
September 13, 2026
Only two causes end the community property régime, and separating in fact is not one
Article 532 of the Civil Code of 2020 ends the sociedad de gananciales by the marriage’s dissolution or nullity, or by agreeing a different economic régime.
September 13, 2026
Deterioration of a separate immovable used by the family is never payable
Article 535 of the Civil Code of 2020 credits deterioration of privative movables used for the society’s benefit, but excludes that of immovables.
September 13, 2026
When liquidating the community, support debts are paid before all others
Article 536 of the Civil Code of 2020 orders the society’s debts paid once the inventory is finished, and gives preference to support debts.
September 13, 2026
What is divided by half is the remainder, not the gross of the common goods
Article 539 of the Civil Code of 2020 divides by half the remainder left in the inventoried estate after all the preceding deductions.
September 13, 2026
You may ask to be adjudicated the business you ran, as far as your half reaches
Article 541 of the Civil Code of 2020 includes the business you attended particularly and exclusively with preference in your ganancial share.
September 13, 2026
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
MiPRFácil does not submit applications on your behalf.