Contract in English?
The language in which a contract is drafted does not mean it must be linked, associated or related to the legislation pertaining to the country of the language it is written.
A contract is an agreement drafted between people in order to generate or transfer rights; in this case, the use of a personal (movable) property for a determined, specific period of time set by the lessee in return for the payment of rent as charged by the lessor.
Among the diversity of points to be agreed upon between the parties is the language used in its drafting, which can validly be English, since no legal provision or regulation prohibiting such exists, nevertheless since the consultee is in national territory, we suggest the contract be drawn up in English and a true and correct translation effected, it being mentioned in one of the clauses that the contract, as well as its translation into other languages, shall be considered as an original between the parties and, hence, have the same effects.
With respect to legislation, Mexican legislation can be set as the governing legislation in another clause of the contract, and as far as competent jurisdiction, the courts of any State can be set as applicable; more specifically, that which is in the best interest of and deemed suitable for the lessor taking into consideration where the property is found. In conclusion, the language in which the contract is drafted does not imply a link, association or relation to the legislation vis-a-vis the country or countries constituting its official language.
Contracts may be entered/registered in the Public Registry pursuant to Article 3005 of the Civil Code of the Federal District (Código Civil para el Distrito Federal, or CCDF) if they are private documents formally recorded or entered in in the book of Notarial records and which at the bottom show proof that the Notary, the Registrar, the Commercial Notary, or a duly authorized judge or Court with jurisdiction, checked and verified the authenticity of signatures and the will of the parties; if for some reason, the parties were to determine that the contract be drafted only in English, or if it were to have been executed abroad instead of within national territory, pursuant to Article 3006 of the CCDF, it would first need to be duly authenticated and translated by an official expert, and then it could be formally recorded or entered in the book of Notarial records by a notary.
Source: IDC Online
Need more info? Contact us! We will be happy to assist you.