Why the does payment of rents or leases in Baja California depend to the fluctuation of other currencies if from a day to another it can become a burden beyond the predicted by the parties; why must be an uncertainty for the tenant the amount of pesos that will pay each month for rent of a property; why to expose in this sense the tertiary sector which represents a source of work that generates salaries, taxes and employers' contributions; why allow leases in Mexico to be agreed in foreign currency, if taxes and labor are paid in pesos; why watch over the interest of landlords and not the entrepreneurs, who are the ones who generate employment, isn't it absurd?
It is imperative, because achieve that before the acquisition of obligations to respond in the national territory or goods within Mexico the parties are subject to an assumption of legal certainty, for economic consequent, in which any obligation that must be answered according to a foreign currency is understood at the exchange rate at the time of conclusion of the contract.
In this regard, last September 22, the Congress of Baja California unanimously approved a reform to Article 2273 of the Civil Code of the State, which states that if in a lease of a commercial or industrial property the rent is agreed In foreign currency, it will have to be paid at the exchange rate prevailing on the day of signing the contract, not at the exchange rate on the day of payment.
This rule exists for leases of house for 20 years, although not many landlords respect it. With the reform, it is sought that all leases have this limitation, regardless of the destination that is given to the property.
The reform approved by the Congress was passed to the State Government to be published; however, Governor Francisco Vega exercised his right and vetoed the reform under the argument that "if the legal order is breached, the harmonious coexistence of society is limited".
He used as legal argument, the existing Monetary Law that contemplates the possibility that leases other than houses can be agreed in dollars and must be considered as valid
In the document of the veto it is assumed that although it is true the modification to the reform is praiseworthy, by avoiding to raise the costs of operation and administration of those who celebrate different leases than a house, only being agreed in national currency, thus avoiding the volatility of the US dollar ( ), violates the provisions of Article 8 of the Monetary Law, which stipulates that "Foreign currency payment obligations incurred within or outside the Republic shall be met by Equivalent in national currency, at the exchange rate at the place and date on which the payment is made. "……. Continue reading article here
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