Wearable Camera Obscura

Mexican Agrarian Law

II Concept of Agricultural Law

The Italian lawyer Giorgio de Semo, who was a pioneer in the study of agricultural law defines it as "the legal branch of predominantly private character that contains the rules governing legal relations concerning agriculture. "
Mugabura THE Argentine Raúl gives the concept of land law and expresses a greater range that is" autonomous set of legal provisions that fall on the emerging relations of any farm, established the primary purpose of ensuring the interests of individuals and the community arising from those farms "
Ramón Vicente Casanova In Venezuela, the land law has defined as" the set of rules and principles governing land ownership and ensure its social function. "
Rodolfo Ricardo Carrera points out that the matter of land law is the "legal science containing principles and rules governing the relationships emerging from farming so that the land is subject to an efficient operation that it results in a better and increased production and a fairer distribution of wealth for the benefit of those who work and the national community. " The
land law is the set of legal rules primarily the legal status of the land, considered this in its new design as functional and legal relationship type and basis on which rests the whole field of agriculture and business as an organization in the dynamics of the elements of that, serving farmers and harmonious community, all in the overall management and according to the circumstances of place and time also including any provisions directed to the enactment of said statute as well as those which tend to the conservation, reconstruction and proper fulfillment of the purposes which are by nature inherent in those institutions of property and agribusiness.
martial Alberto Ballarin says the land law is "the system of standards, both private and public law, specifically aimed at regulating the status of the employer, its business, use and tenure, the operating units and agricultural production as a whole according to general principles of the legal industry. "
The Mexican doctrine find Martha Chávez Padrón and agrarian law defines as "the set of rules that typically relate to legal, focused on the cultivation of the field, and the system that regulates all on the territorial organization rustic farms and determine as agriculture, livestock and forestry.
Antonio moon says it is the "industry is regulated ocupadle legal problems of land tenure the various forms of ownership and agricultural activity that governs the relations of the persons involved in the same"
Lucio Mendieta y Núñez for their part claim that the land law is "the set of rules, laws, regulations and general dispocion, doctrine and jurisprudence relating to rural property holdings and agricultural character."
"law is a branch Social, which is a set of legal rules that will regulate all relations derived from field2.
"is that regulating the activities relating to agricultural activities."
"The land law is the set of legal rules that make it up, make a special, autonomous in relation to other branches of law."
His special section refers to the growing field of territorial organization rustica to the agricultural, property, agriculture, the farms of their agricultural land ownership and agricultural production.
The land law is intended to ensure the interests of individuals and the community, ensure the social function of property; achieve fair distribution of wealth in land for the benefit of those who work and achieve social justice, the common good legal certainty.
land law is considered to be as neutral as it necessarily intended. Social justice and harmony among the different classes and core of society.
"is the legal system governing the social and economic relations that arise from persons involved in farming.
legal regulatory issues of the land, the various forms of ownership and agricultural activity which governs the relations of the persons involved in them. "
has been characterized as a social right, though doctrinally is located within the classification public law

1.2 Autonomy of Land Law

An important current doctrine in relation to our subject has pointed to a theory known Autonomy of land law.
This theory was originally developed pro Giorgio De Semo, which said that scientific autonomy is based on land law that it seeks particular "the rules governing the legal relations relating to agriculture," which justifies the study of these rules and relationships drive "according to a plan whose profiles match the boundaries of the object and be inspired by the systematic construction of the principles is given by the extract and formulate scientific speculation. "
didactic autonomy of land law is also raised by De Semo categorically stating, that the aim of teaching amteria university.
claims that the land law has its own general principles and guidelines and complex "whose legal rules are expressed or should be translated as peculiar economic needs, "
It also mentions the mix of private law and public law.
Apart from these approaches most scholars in our field have maintained their autonomy.
autonomy is found to Martha Chávez Padrón said that the Mexican agrarian law has a special autonomous area, extremely large and complex for what it represents for consideration a proper object consisting of the rules regarding the need for agricultural research legal technique for the following reasons:

all of these rules is very extensive and often notorious, has loopholes, contradictions and errors of style and coordinating placement

to suggest appropriate reforms to yield a higher rate of positive agricultural standards is required technical and systematic study of these

needs to clarify its doctrinal and legislative principles fundamental to the light of them solve the existing rules and set its dubious correct interpretation.

is the result of our past social and legal history.

Meanwhile
Argentine Antonio C Vivanco underlines the interest of scientific autonomy for the study of the legal industry because of the possibility and structure its rules in a particular way and give adequate systematic basis and depends to some extent the best conformation of a structure that allows the conservation land agricultural and security and advancing the livelihoods of the rural community.
Marcial Alberto Ballarin using the term of autonomy points to four supporting elements of this: the fact that legal matter, land has become so important and organic that we see in all these special rules a real coordinate system around institutions and supporting agricultural enterprise in distinct and unique.
Drawing upon the approaches mentioned including Giorgio De Semo, supports the legal autonomy of the land law on the following arguments:

the existence in Mexico of particular legal principles of its own rules and agrarian relations in clearly defined in our institutions.

the progressive enrichment and improvement of regulatory legal drafting of the constitutional article.

the need for legal norms to regulate the multiple intersubjective relations arising from the activity land held by the interest to produce and guide a particular social and economic order based on sound principles.

the character of the land law as an instrument of liberation and development within rural areas.

The full capacity it has purchased the land law to dominate specific purposes, the legal relationships with the same aim to regulate.

1.3 The formal sources of land law

traditional sources of land law are those processes understood as a manifestation of the legal rules agricultural.
Antonio C Vivancio actually believes that don formal sources of land law in the traditional sense objective, emphasizes the role of the agrarian law which classifies from different points of view.

reason of its content may be formal or material

by reason of its legal system hierarchy

because of the way sort of rules it contains, can be codified or common.

Meanwhile Manuel Gonzales Hinojosa stated that the bill is the primary source of law and the rule of law states that land is positive that orders and regulates legal social and economic relations agriculture is the key instrument for the implementation of any agricultural policy to regulate the conduct of individuals. Susan Ma
Taborda Caro argues that the law is the ultimate source inadmissible formal that some authors question the primordial nature as a source of law granting the privilege to custom.
The second sources of land law are special and unique special rules and exceptions that are strictly and narrowly applied without any extra fueraza and being completed as planned in the same common law pro

The third is the constitutional or have the nature of fundamental constitutional mandate that most affect existing suits their principles and that any new provision being prejudicial against them because of a contrafuero them.

1. 4 R eference history of land law

ART. CONSTITUTION 27 .- This Article means the first legal provision related to the field, this Article lays the foundation that governs the field generally, and having to be arranged with a federal law called the Law of Agrarian Reform.

The background to this art. PLAN DE AYALA was promulgated by ZAPATA (1911) and lays the foundations of the Agrarian Law.
Mexican agrarian law has its origins in the early regulations of the Catholic Kings, issued by Royal Decrees.
Indigenous peoples Precortesiano, established forms of land ownership and through unwritten rules, they served the rulers, priests, warriors and farm families.
Laws of the Indies were the first rules of social content, they tried to protect the lives and territories of indigenous peoples encountered by the conquistadors.
These rules governed for Colony, near the Indian Law, formulated in areas dominated by the English Crown.
Since Independence, the new civil right, recently released in Europe by Napoleon's Civil Code, filtered in our legislation, to dominate the legal scene to the new Constituent revolutionary vision of 1917.
With the Law of January 6, 1915, comes the Agrarian Law, aimed especially at the restitution of land stripped indigenous peoples and destroy the large estates, by allocating land to people lacking them.
The so-called agrarian law was applied Cast until 1992, which amends Article 27 of the Constitution, to start a new stage of this legal discipline.
With the recent constitutional reform, land tribunals arise, endowed with full jurisdiction and autonomy, in order to administer justice and provide legal certainty agricultural ejidos and communities and small properties.
Mexican agrarian law is very prolific. Along with the jurisprudence of the Judiciary of the Federation, are the fundamental sources of Agrarian Law, which emerges in our country with new energy and a broader view, breaking the regulation of land tenure, to enter in the forms of productive organization, ecological balance, sustainable development and food security.

1.5 agrarian authority.

agrarian reform law in its Article 2 states that are authorities on land:

President of the United Mexican States

State governors

Secretary of Agrarian Reform

Agriculture and Natural Resources Secretariat

The highest political authority land under Article 3 of the Land Law, which is the federal executive branch, represented by President of the United Mexican States
The authorities are responsible for monitoring the implementation of the Agrarian Law?
I. Federal Executive Power;
II. The Agrarian Reform Secretary, Livestock and Rural Development;
III. To the Secretary of Agriculture and Water Resources;
IV. A state governors;
V. For the agrarian courts, and
VI. A mucipales presidents and other authorities in accordance with Article 3 of the Land Law.
The executive is responsible for promoting and encouraging integrated and equitable development of rural areas, conserve natural resources and promote its rational use, to channel investment resources and promote scientific and technological research in rural Mexico, in accordance with Articles 4, 5, 6, 7 and 8 of the Land Act and the provisions of Section XX of Article 27 of the Constitution.

Semo, Giorgio, Agricultural Law Course, Florence, Politigrafica University Publishing House, 1937, p. 61
Mugburo, Raul, the regional rural law theory, Santa Fe, Argentina, Center for law students, 1933 p. 139
Casanova, Ramon Vicente, Agricultural Law, Merida, Venezuela, Universidad de los Andes, Faculty of Law University Talleres Gráficos, 1978, p. 23
Marcial Ballarin, Alberto, Agricultural Law 2 nd. Edt., Madrid, Editorial Review of Private Law, 1978 p. 437
Chávez Padrón, Martha opcit p. 61.
Luna Arroyo, Antonio and Luis G. Alcerreca, Dictionary of Mexican agrarian law, Porrua 1982 Mexico p. 207
Lucio Mendieta y Núñez, Introduction to the study of agricultural law 2 edition, Mexico, 1966 p. 17 Prorrua