November 8, 2011

Recent Jurisprudence – Exception of Payment or Compensation in a Summary Commercial Action


The First Chamber of the Supreme Court of Mexico (SCJNC, for its acronym in Spanish) recently issued case
decision 1a./J. 69/2011 titled “Exception of Payment or Consideration. It is proper to oppose such in a summary
commercial action based on a credit instrument which has not been circulated, even when the respective payment
was not annotated on the instrument itself, being that such constitutes a personal exception against the claimant.”
Such case decision was issued pursuant to contradictory court opinions and, in its holding, the Supreme Court
determined that payments made on account of or for the entirety of the debt, which were not annotated on the
document that is the subject matter of the claim, shall be considered a personal exception in a summary
commercial action in accordance with the General Law of Negotiable Instruments and Credit Operations,
notwithstanding the fact that this law establishes a discharge or partial payment exception as evidenced by the
text of such document. The above is subject to the fact that that are instances in which partial payments are not
annotated in the text of the document as a result of various circumstances. This does not mean that such
payments lack value or should not be taken into account because they were not annotated on the corresponding
instrument, as payment is a defense which the respondent may raise against the claimant, the same which may be
deduced from the facts that may extinguish or prevent the payment obligation.


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Issue 95–November 2011