Civil Articles

February 12, 2018

New Guidelines for Determining Actual and Exemplary Damages in Mexican Civil Lawsuits for Personal Injury and Wrongful Death

By Gustavo Padilla

As of April 2017, the manner of quantifying damages in Mexican civil liability lawsuits changed. Prior to such date, Mexico followed rules that provided a fixed cap on the amount of damages that could be claimed in wrongful death cases. Such determination varied, depending on the applicable laws of each Mexican state. In the past, it was common practice to use rules applicable to Mexico City, even if the incident or origin of the claim occurred in another state. This was because the applicable law in Mexico City established a broader range for these types of damages. Now, by virtue of the new binding legal precedent issued by Mexico’s Supreme Court, Mexico has a consistent set of rules that applies … read more

July 20, 2017

Criminal Liability of Entities, by Eduardo Parroquín Patiño

With the new National Code of Penal Procedures entering into force and the reforms made to the Federal Penal Code on June 18 and 17, 2016, respectively, entities in Mexico may now incur criminal liability and, consequently, be severely sanctioned for crimes committed under the auspices and with the assets of the entity. The foregoing is regardless of the liability incurred by the individual whom committed, participated in or provided instructions as to the criminal act. It may be possible to mitigate an entity’s criminal liability by demonstrating that authorized individuals monitor and take precautions to prevent criminal conduct by the organization. Article 11 Bis of the Mexican Federal Penal Code establishes a list of crimes for which an entity … read more

February 24, 2016

Recent Jurisprudence – Promissory Notes. The Court has an Obligation to Protect the Human Right to Freedom from Usury, by Adrian Salgado

The Third Collegiate Court of the Twenty-Seventh Circuit recently published legal opinion number XXVII.3o. J/30 (10a.) titled: Promissory Notes.  Even in the Case of a Default Judgment, the Court has the Obligation to Protect and Safeguard the Human Right to Freedom from Usury.”  In this legal opinion, the Court found that the failure to respond by a defendant leading to a default judgment does not constitute a legal impediment to analyzing the factors listed by the First Chamber of the Supreme Court of Justice of the Nation (SJNC) in another legal opinion as a guide for evaluating the excessive nature of an interest rate in an objective manner. The foregoing takes into account that the Court has the capacity and … read more

September 11, 2013

Privacy in Mexico, New Risks and Requirements

By Fransisco Peña

Mexico ardently protects the privacy of its individual citizens’ personal data and sensitive personal information (Information). This protection is enforced though the Federal Personal Information Protection Law ( Law) and its regulations (Regulations). The Federal Institute for Access to Public Information and Protection of Information (IFAI) is the agency in charge of enforcing the Law and its Regulations. The Law has the following eight main principles: i) Lawfulness, which requires using the Information in compliance with the Law; ii) Consent, meaning that consent should be obtained before handling the Information; iii) Information, prescribing instructions as to how Information should be handled; iv) Quality, seeking to maintain current and correct Information ; v) Purpose, tending to limit handling of the Information … read more

June 1, 2012

New Federal Anti-Corruption Law in Public Procurement

The Federal Anti-Corruption Law in Public Procurement was published in the Official Journal of the Federation on June 11, 2012. Its purpose is to establish the liability and sanctions to which individuals and entities of Mexican or foreign nationality would be subject as a result of violations stemming from their participation in federal public procurement projects, as well as those sanctions that should be applied to individuals and entities of Mexican nationality for violations in international commercial transactions. Such law became effective on June 12, 2012 and establishes a procedure to investigate and punish individuals and companies involved in acts of corruption at any level of Mexico’s federal public procurement system, and imposes serious economic sanctions on offenders, including a … read more

March 1, 2012

Amendment to Article 4 of the Constitution Regarding Water Access Rights

On February 8, 2012, the decree amending Article 4 of the Constitution was published in the Official Journal of the Federation, amending the fifth paragraph and adding a sixth paragraph to said Article and establishing the following: All persons have a right to access, usage and sanitation of water for personal and domestic consumption in a sufficient, safe, acceptable and affordable manner. The State shall guarantee this right and the law shall define the bases, support and arrangements for the access and equitable and sustainable use of water resources, establishing the participation of the Federation, the state and municipalities, as well as the participation of the citizens, to achieve those ends. The amendment elevates the individual right of access to … read more

June 5, 2011

Important Constitutional Amendments

After many years, in which different individuals have discussed the need to substantially amend the constitutional writ of amparo, Mexico’s President has finally signed the Decree amending and adding articles 94, 103, 104 and 107 of the Mexican Constitution. A significant step was taken as the amendment was published in the Official Journal of the Federation (Diario Oficial de la Federación) on June 6 and scheduled to take effect 120 days after publication. With the constitutional framework resolved, the process initiated years ago to amend different laws, particularly the Amparo Law, will continue. These amendments were begun in 1999, when the Supreme Court (Suprema Corte de Justicia de la Nación) assembled a work group to prepare a draft bill amending … read more

May 4, 2011

Use of the Advanced Electronic Signature (FIEL) in Transmittals Before the Mexican Social Security Institute

On May 4, 2011, the Technical Council of the Mexican Social Security Institute (Instituto Mexicano del Seguro Social or IMSS) published Decree No. ACD0.SA3.HCT.270411/120.P.DIR in the Official Journal of the Federation in which such council approved the use of the Advanced Electronic Signature (Firma Electrónica Avanzada or FIEL) and its respective digital certificate, so that authorized public accountants may review compliance with employer obligations in Social Security matters, carry out corresponding transmittals regarding employer registrations, and present notices for the review and audit of Social Security matters before the IMSS. The cited Decree also approves guidelines for the adoption of the FIEL issued by the Taxpayer Administration System (Administración Tributaria or SAT) of the Mexican Department of Treasury, in those … read more

March 4, 2011

Recent Case Decisions – Application of the Procurement, Leasing and Public Sector Services Law

The Second Chamber of Mexico’s Supreme Court of Justice (Suprema Corte de Justicia de la Nación or SCJN) recently held in case decisions 2a./J. 28/2011, under the heading “Noncompliance As set forth in the Procurement, Leasing and Public Services Sector Law. Against its resolution in direct amparo lawsuits may proceed.” In such decision, the Second Chamber determined that in opposition to a resolution that decides an award challenge an indirect amparo lawsuit can be filed being unnecessary to exercise all the ordinary remedies available under the Procurement, Leasing and Public Services Sector Law, such as the review remedy (recurso de revision) or the administrative procedure (juicio contencioso administrativo.) The Supreme Court of Justice determined that the term “may” allows to … read more

October 17, 2010

Reforms to Regulations on Public Registries of Commerce and New Single Registry for Security Interests in Personal Property

On September 23, 2010, Mexico’s Department of the Economy (Secretaria de Economía) published a decree amending regulations governing Public Registries of Commerce (Registros Públicos del Comercio). The purpose of such amendment is to create a Single Registry of Guaranties over personal property (or RUG by its initials in Spanish) within a separate section of the Public Registry of Commerce. The RUG will be public and available every day of the year. Entries will be made in electronic record files of parties granting security interests in personal property. In this manner, security interests in personal property, including pledges without transfer of possession, guarantees based on factoring loans, industrial mortgages, security interests in aircraft and vessels, reservations of ownership clauses in the … read more