Commercial Code Mexico: Ordinary Trial Procedures | Althox
The Commercial Code of Mexico serves as the foundational legal framework governing commercial activities and disputes within the nation. Book Five, Title Two, specifically outlines the procedures for the "Ordinary Trial," a critical mechanism for resolving conflicts between parties in the commercial sphere. This section of the code ensures a structured and equitable process for addressing disagreements that do not fall under special trade laws.
Understanding these provisions is essential for businesses, legal professionals, and anyone involved in commercial transactions in Mexico. The code details everything from the initial filing of a claim to the presentation of evidence and the final judgment, providing a comprehensive guide to navigating commercial litigation. This article delves deep into the nuances of these trials, offering a detailed analysis of the relevant articles and their practical implications.
A gavel and legal books symbolize the structured nature of Mexican commercial law.
The procedural rigor embedded within the Commercial Code aims to ensure fairness, transparency, and efficiency in resolving commercial disputes. By standardizing the steps, it minimizes ambiguities and provides a clear path for litigants to assert their rights and seek redress. This detailed examination will cover both the general provisions of the ordinary trial and the specific considerations for special trials involving companies, highlighting the principles that underpin the Mexican legal system.
Table of Contents
- The Ordinary Commercial Trial: Foundations and Procedure
- Initiation of the Process (Articles 1377-1378)
- Defendant's Response and Exceptions (Articles 1379-1380)
- Demurrers and the Evidence Phase (Articles 1381-1387)
- Allegations and Final Judgment (Articles 1388-1390)
- Special Title: Oral Commercial Trials for Companies
- Scope and Guiding Principles (Articles 1390 Bis - 1390 Bis 2)
- Accessibility and Judicial Authority (Articles 1390 Bis 3 - 1390 Bis 5)
- Procedural Integrity and Evidence Admissibility (Articles 1390 Bis 6 - 1390 Bis 8)
- Orality in Promotions and Notifications (Articles 1390 Bis 9 - 1390 Bis 10)
- Fixing the Litis: Detailed Requirements (Articles 1390 Bis 11 - 1390 Bis 16)
- Key Differences and Modern Implications
The Ordinary Commercial Trial: Foundations and Procedure
The ordinary commercial trial in Mexico is designed to handle a broad spectrum of commercial disputes where no specific special processing trade laws have been designated. This ensures that a default, yet robust, legal pathway exists for most commercial disagreements. The process is meticulously structured, beginning with the plaintiff's initial claim and culminating in a judicial decision.
Initiation of the Process (Articles 1377-1378)
The journey of an ordinary commercial trial commences with the plaintiff's statement of claim. This initial document is not merely a complaint; it is a comprehensive presentation of the case, requiring specific elements to be included for its admissibility. The plaintiff must meticulously detail the facts, supported by relevant public and private documents.
- Documentary Evidence: The plaintiff must exhibit all available public and private documents pertinent to the claim. If documents are not at hand, proof of having applied for them, in accordance with Article 1061, must be provided.
- Witness Testimony: Names of witnesses who observed the events described in the application must be supplied, along with simple copies as per Article 1061.
- Summons: Once the demand is admitted, the defendant is summoned to present their response within a fortnight (fourteen days).
- Plaintiff's Review: The plaintiff is then given three days to review the defendant's response, express their rights, and mention any witnesses or documents related to the facts presented in the defense.
Defendant's Response and Exceptions (Articles 1379-1380)
The defendant's response is a critical stage, where they can present their defense and any counterclaims. The code emphasizes the timing of these submissions to ensure an efficient trial process.
- Exceptions: All exceptions, regardless of their nature, must be asserted simultaneously in the answer to the demand. The only exception to this rule is for supervening exceptions, which arise after the initial response.
- Counterclaim: In ordinary trials, a counterclaim must be proposed in the response to the demand, if applicable. The opposing party (the original plaintiff) is then given nine days to answer the counterclaim.
- Simultaneous Resolution: Both the main trial and any counterclaim are discussed and decided concurrently in the same sentence (judgment), streamlining the resolution of related disputes.
Demurrers and the Evidence Phase (Articles 1381-1387)
After the initial pleadings, the trial moves into the crucial evidence phase, where parties present proof to support their claims. This stage is meticulously regulated to ensure all relevant evidence is considered fairly.
- Demurrers: Demurrers are objected to, substantiated, and decided simultaneously with the main proceedings. They cannot constitute a special item in the trial, ensuring they do not unduly delay the core dispute.
- Evidence Reception: Once the complaint is answered, the business is sent to the test (evidence reception) if required.
- Evidence Period: The court, either ex officio or upon request, opens the evidence period, which generally does not exceed forty days. The first ten days are for offering evidence, and the subsequent thirty days are for the sufficiency of evidence.
- Extraordinary Terms: If evidence needs to be performed outside the place of trial, extraordinary terms up to sixty or ninety calendar days may be granted, provided specific requirements are met. These include requesting within the first ten days of probation, indicating names and addresses of parties/witnesses, and designating files for exhibits.
- Pecuniary Sanctions: For extraordinary terms, a penalty payment is required to ensure the evidence is practiced. Failure to comply results in the sanction becoming effective.
- Extension of Evidence Period: An extension can be requested, with the judge granting it after reviewing the opposite party's view. If both parties agree, the extension can be up to ninety days.
- Completion of Evidence: The judge completes any unfinished evidence relief within the authorized timeframes. Evidence must vent within allowed terms, and periods cannot be extended if the law does not permit it.
- Documentary and Supervening Evidence: Specific provisions apply to documentary and supervening evidence, with reference to the Procedural Law of the appropriate federal entity if the code is silent.
The scales of justice represent the balance sought in legal proceedings.
Allegations and Final Judgment (Articles 1388-1390)
The final stages of an ordinary trial involve the parties presenting their allegations and the court issuing a definitive judgment. This phase consolidates all arguments and evidence presented throughout the trial.
- Allegations: After the probationary term concludes, parties are given a common term of three days to produce their allegations.
- Final Decision Citation: Whether allegations are submitted or not, the court officially cites the parties to hear the final decision, which must be issued and notified within fifteen days.
- Decision Term: The decision must be rendered within fifteen days after the summons for sentencing.
Special Title: Oral Commercial Trials for Companies
Beyond the general ordinary trial, the Commercial Code introduces a "Special Title" for trials involving companies, particularly those with a lower monetary value. This section emphasizes principles like orality and swiftness to facilitate quicker resolutions for specific types of commercial disputes.
Scope and Guiding Principles (Articles 1390 Bis - 1390 Bis 2)
The special oral commercial trial is designed for specific types of cases, primarily those with a defined monetary threshold, and operates under a set of modern judicial principles.
- Monetary Threshold: This trial is applicable to main races where the fate (value) is less than 533,220.48 pesos (Mexican currency), excluding interest and other accessories claimed from the filing date. This amount is updated annually by the Federal Judiciary Council.
- Exclusions: Special handling trials set out in the Commercial Code or other laws are not conducted under this special title.
- Core Principles: The commercial trial particularly observes principles of orality, publicity, equality, immediacy, contradiction, continuity, and concentration. These principles aim to make the process more dynamic and accessible.
Accessibility and Judicial Authority (Articles 1390 Bis 3 - 1390 Bis 5)
The code addresses accessibility for individuals with communication barriers and grants judges broad powers to manage the trial efficiently.
- Language and Hearing Impairment: Individuals who cannot speak, hear, or do not speak Spanish can formulate questions or answers in writing or through authorized interpreters. Interpreters are advised of penalties for false reporting and their obligation to translate faithfully.
- Judicial Powers: Judges possess broad powers of judicial direction to decide promptly and expeditiously. They can use coercive measures, as mentioned in Article 1067 Bis, to enforce decisions.
- Out-of-Court Evidence: Evidentiary proceedings conducted outside the courtroom but within its territorial jurisdiction must be chaired by the judge or registered staff, recorded, and certified according to hearing protocols.
Procedural Integrity and Evidence Admissibility (Articles 1390 Bis 6 - 1390 Bis 8)
Maintaining the integrity of the proceedings is paramount, with specific rules for nullity claims and evidence admissibility.
- Nullity Claims: The nullity of an act must be claimed at the hearing, otherwise, it is validated. The site (summons) can be claimed at any time, but if the person becomes aware of the invalid trial, the notification takes effect as if properly made.
- Refusal of Evidence: A judge's refusal to admit evidence can be objected to before its admission at the preliminary hearing. If the objection is well-founded, proceedings from the challenge point may be void.
- General Rules and Evidence: Matters not governed by general rules in the code, and not conflicting with this title, are admissible. All means of evidence that create certainty in the judge are admissible, as per Section 1205, without prejudice to special rules.
An abstract representation of the intricate legal timelines and procedural challenges.
Orality in Promotions and Notifications (Articles 1390 Bis 9 - 1390 Bis 10)
The emphasis on orality extends to party promotions, while notifications follow specific rules to ensure due process.
- Oral Promotions: Except as provided in this title, party promotions are made orally during hearings. Courts will not accept frivolous or unfair promotions and must discard them with a substantiated decision.
- Notifications: Only the initial summons (site) is notified personally. All other determinations are notified under the rules of non-personal notifications, ensuring efficiency while maintaining communication.
Fixing the Litis: Detailed Requirements (Articles 1390 Bis 11 - 1390 Bis 16)
This section provides granular detail on how the dispute is formally established, from the initial demand to the defendant's response and the proper notification process.
- Written Demand Requirements (Article 1390 Bis 11): The application must be in writing and include:
- The judge before whom it is promoted.
- Name, corporate name, and address of the actor for notifications.
- Name, corporate name, and address of the defendant.
- Object(s) claimed with accessories.
- Facts on which the claim is based, supported by documents and witness names, clearly and precisely numbered and narrated.
- Foundations of law and applicable legal principles.
- Value of the defendant.
- Evidence the actor intends to perform.
- Signature of the actor or legal representative (or fingerprint and another's signature if unable to sign).
- Obscure or Irregular Demand (Article 1390 Bis 12): If the demand is unclear or fails to meet requirements, the judge will note the defects, allowing the actor three days to comply. Failure to do so results in dismissal, with originals returned to the interested party.
- Evidence Offering (Article 1390 Bis 13): In the demand, defense, counterclaim, and replies, parties must offer evidence related to the dispute, providing names and addresses of witnesses and experts, and the type of expertise with a questionnaire. Documentary evidence in their possession or sealed documents must be presented. Failure to meet these requirements may lead to non-admission of evidence, unless a supervening exception arises.
- Notification to Defendant (Article 1390 Bis 14): Upon accepting the claim, the judge orders the defendant to be served with a copy of the demand and accompanying documents, requiring a written answer within nine days.
- Formal Summons (Article 1390 Bis 15): The summons must be delivered to the interested person, their representative, agent, or attorney, with a card detailing the date, time, procedure, parties, court, and a transcript of the notice. The notifier must identify themselves and require identification from the recipient, recording the outcome and means of satisfaction regarding the address. Copies of the application and other documents are provided.
- Failure to Answer (Article 1390 Bis 16): If the deadline to answer passes without a response, the process proceeds as per Article 1390 Bis 20. The judge must carefully verify that the summons was legally performed.
Key Differences and Modern Implications
The distinction between the ordinary commercial trial and the special oral commercial trial for companies is crucial for understanding the Mexican legal landscape. While the ordinary trial provides a comprehensive, albeit potentially lengthier, process for complex disputes, the special oral trial offers a streamlined, expedited mechanism for cases of lower monetary value, emphasizing oral proceedings and judicial efficiency.
The principles of orality, immediacy, and concentration enshrined in the special oral trial reflect a modern approach to justice, aiming to reduce backlogs and provide quicker resolutions for businesses. This dual system ensures that the legal framework is adaptable to the varying complexities and values of commercial disputes, promoting both thoroughness and efficiency within the Mexican commercial justice system. The annual updates to monetary thresholds demonstrate the dynamic nature of this code, adapting to economic changes and ensuring its continued relevance.
COMERCIAL CODE OF MEXICO BOOK FIVE TITLE TWO Of the ordinary trial Article 1377 .- All disputes between parties who do not have designated special processing trade laws, shall be dealt with in ordinary trial. Section 1378 .- In the statement of claim the plaintiff must show the public and private documents that relate to such claim and whether or not you have at your disposal must exhibit those held, and proof of having applied those without in terms of Article 1061. Also, provide the names of witnesses who witnessed the events contained in the application, and simply copies the provisions of article 1061. Admitted demand summon the defendant to produce its response within a period of fortnight. With the defense demand will view the actor, that he expresses to his rights within a period of three days and mentioning the witnesses who witnessed the events and documents related to the facts the response of demand. Article 1379 .- Exceptions to have the defendant, whatever its nature, will simultaneously assert in the answer and never after, unless they be supervenient. Article 1380 .- In response to demand, in regular trials, the counterclaim should be proposed where appropriate. The counterclaim shall be given to the opposing party to answer it within a period of nine days, and that answer will reconveniente sight for the same purposes stated in the last paragraph of Article 1378 of the Code. The main trial and the counterclaim at the same time discuss and decide in the same sentence. Article 1381 .- The demurrer will object, substance, and decide simultaneously and one with the main proceedings, unable to ever be, because of them, special item in the trial. Article 1382 .- Answered the complaint, receive the business will be sent to the test, if require. Article 1383 .- Depending on the nature and quality of the business the court shall ex officio or upon request to open the same test, not exceeding forty days, ten days which will be first to offer and thirty below to sufficiency of evidence. If the judge says a term less than the maximum authorized, shall specify how many full days are intended to offer and how many full days for relief, seeking to be in the same proportion as indicated above, When the evidence have to be performed outside the place of trial, receive ex parte in terms up to sixty and ninety calendar days, in the case of tests to vent within the Mexican Republic, or outside, respectively, provided that meet the following requirements: I. Is requested during the first ten days of probation; II. Indicating the names and addresses of the parties or witnesses who are to be examined in the case of confessional or testimonial evidence, showing the same act the statement of positions or questioning witnesses, and III. To be designated in case of exhibits, public or private files where are the documents that have to testify or submit originals. The judge to qualify the admissibility of evidence, whether the interrogation displayed for confessional or testimonial related to the issues in dispute or if the documents and witnesses were named to sue or answer the complaint, and if do not meet these requirements shrift. Failure to display the list of positions, or interrogation of witnesses with relevant copies thereof are not allowed the respective tests. In the case of the term granted extraordinary, the judge for each test to determine the term to give the petitioner an amount deposited as penalty payment in case of not giving any of the tests that are requested are practiced outside the place of trial. In any case the amounts ordered to be deposited as a financial penalty will be less than the equivalent amount of sixty days of the current general minimum daily wage in Mexico, with the judge the discretion to draw greater than the minimum amounts stated above, taking into account the main sort of trial and other circumstances it deems prudent. The proponent of such evidence must show the amount fixed by the judge, deposit ticket within a period of three days, and if not done, the test is not admissible. The test for which the term has been granted extraordinary and that is not received, will result in the judge becomes effective for financial penalties in favor of the litigant. The evidence to be received out of the place of trial shall be heard by urge to be delivered to the applicant who receive it because you can not argue that it was not issued with the necessary records, unless they do know the court issuing the letters within a period of three days, returning the urge to correct or complete them received the same or substitute. Once the term extraordinary granted, which shall begin from the date the notice takes effect to the parties, as certified by the secretariat to make, without make return of the warrant served, without reasonable cause, the sanction will be effective pecuniary and will proceed to award costs. Article 1384 .- Within the period allowed to offer evidence, the party seeking its extension request be granted it, and the judge will view the opposite for a period of three days, according to the party claiming to be granted or denied. If both parties were consistent in the extension be granted the same throughout the time agreed, not exceeding a period of ninety days. Article 1385 .- After the conclusion of evidence, the judge in every case that has not been completed the relief of them, complete them on time sent for that purpose authorized by this Code. Article 1386 .- The evidence must vent within the terms and extensions are allowed and those that will not reach a conclusion to the detriment of the parties without the judge may extend the periods if the law allows. Article 1387 .- For documentary and supervening be observed provided in this Code, and failing that the effect has the Procedural Law of the appropriate federal entity. Article 1388 .- Completed the probationary term, the cars will be made in view of the parties to a common term within the three days to produce their allegations, and after this period submitted or not, the court office, to hear final decision cited that issued and notified within fifteen days. Article 1389 .- Past that is the term for claiming, will be referred to the parties for decision. Article 1390 .- Within fifteen days after the summons for sentencing, will decide it. SPECIAL TITLE THE TRIAL Companies CHAPTER I General Provisions Article 1390 Bis .- Be processed in this trial all the main races whose fate is less than 533 pesos 220 000 48 centavos, currency, without being taken into account interest and other accessories claimed from the date of filing the claim. The amount referred to in the preceding paragraph shall be updated annually, according to the provisions of the last paragraph of Article 1253 Section VI of this Code. The Federal Judiciary Council, the presidents of the High Courts of Justice in the Distrito Federal and states are obliged to make known to the courts of their jurisdiction, the update factor referred to above. 1 .- Article 1390 Bis No trial shall be conducted in this special handling those set out in this Code and other laws. Bis 1390 Article 2 .- The commercial trial will be observed particularly the principles of orality, publicity, equality, immediacy, contradiction, continuity and concentration. Article 1390 Bis 3 .- Those who can not speak, hear, or do not speak Spanish, formulate your questions or answers in writing or through an interpreter to be appointed from among those authorized as auxiliaries of the administration of justice or by professional associations, bar professional or public or private institutions, telling me about your questions or answers at the hearing and, if requested, will remain at his side throughout the hearing. In these cases, at the request of the interpreter or be granted enough time for it to do the translation respectively, caring, if possible, not to interrupt the flow of debate. The performers, starting your role will be advised of the penalties incurred by false reporting and on their obligation to faithfully translate or interpret what is said. Article 1390 Bis 4 .- The judge will have the broadest powers of judicial direction to decide promptly and expeditiously what the law suit. To enforce its decisions the judge may make use of coercive measures mentioned in Article 1067 Bis, on the terms specified here. Article 5 .- Bis 1390 The evidentiary proceedings to be checked out of the courtroom, but within its territorial jurisdiction, shall be chaired by the judge, staff registered under the Judiciary of the federal entity or the Judiciary of the Federation, as appropriate, by any means referred to in Article 1390-26 Bis of this title and certified in accordance with the provisions for the conduct of hearings in court. Article 1390 Bis 6 .- The nullity of an act must be claimed at the hearing, on pain of being validated right. The hearing produced in the trial should be claimed for it. The site can be claimed at any time, but if the person becomes unclaimed Aware trial invalid, the notification made or badly made take effect as if made under the law. Article 1390 Bis 7 .- The refusal by the judge to be admissible before the admission of evidence at the preliminary hearing. If the objection is well founded, the proceedings shall be void from the time you filed the challenge. Article 1390 Bis 8 .- All matters not governed by general rules provided in this Code, they are not in conflict with the provisions of this title. Similarly, all means are admissible evidence as to create certainty in the judge in terms of section 1205, without prejudice to special rules set forth in this special title. Article 1390 Bis 9 .- Except as provided in this title, promotions of the parties shall be made orally during the hearings. The courts will not accept frivolous or unfair promotions, and should be discarded out of hand, must substantiate and justify its decision. Article 1390 bis 10 .- In the only trial site will be notified personally. All other determinations shall be notified to the parties under the rules of non-personal notifications. CHAPTER II Oral Procedure FIRST SECTION Fixing the Litis Article 1390 bis 11 .- The application shall be in writing and meet the following requirements: I. The judge before being promoted; II. The name, corporate name and address of the actor to bring to hear and receive notifications; III. The name, corporate name and address of the defendant; IV. The object or objects that are claimed with accessories; V. The facts on which the claimant bases his petition which require public or private documents that are related to each event and if you have at your disposal. Similarly provide the names of witnesses who have seen the facts. Also be numbered and narrate the facts, outline clearly and precisely; VI. The foundations of law and seeking class action or cite legal principles applicable legal principles; VII. The value of the defendant; VIII. Offering evidence that the actor intends to perform in the trial, and IX. The signing of the actor or his legal representative. If they should not know or can not sign, put your fingerprint, signing another person in his name and his plea, stating the circumstances. Article 1390 bis 12 .- If demand were obscure or irregular, or not comply with any of the requirements indicated in the preceding article, the judge noted, quite accurately, what are the defects of it, provided that the effect is issued, which shall be made only once. The actor must comply with the prevention made by the judge within three days, counted from the day following that on which the notification becomes effective, and if you do not, the lapse, the judge will dismiss specifying the points of prevention that were not addressed and made available to the interested party all originals and copies that have been shown simple, with the exception of demand which has formed the respective file. Article 1390 bis 13 .- In the statement of claim, defense, counterclaim, reply to the counterclaim and relief of view thereof, the parties offered their evidence relating to the issues in dispute, providing the name and address of witnesses who have mentioned in the writings referred to beginning of this paragraph, as well as their experts, and the kind of expert concerned with the questionnaire to be resolved, which will be held during the trial, showing the documentary in their possession or written which have been sealed by not requested documents in their possession in terms of section 1061 of this Code. If the parties do not meet the above requirements in the writings that set the litigation, the judge may not admit even offered by the parties subsequently imported unless a supervening exception. Article 1390 bis 14 .- Accepting the claim, the judge ordered notice to the defendant been served with a copy of it and the accompanying documents, so that within nine days to deliver his answer in writing. Article 1390 bis 15 .- The site shall mean the person concerned, his representative, agent or attorney, giving card on which shall include the date and time on delivery, the kind of procedure, the name of the parties, the tribunal that sends care practice; transcript of the determination notice is sent and the name of the person to whom delivered, the minutes of the proceedings, which will add a copy of the document is delivered to the endeavor to obtain the signing one with whom he had understood the action. The notifier shall be identified to the person who understands the proceedings, requiring it to turn is identified, settled the outcome and the means by which it is satisfied if the address of the sought, and may request the display of documents that prove, more precisely in case of his presentation, and the signs outside the building that can serve as proof of having attended the address indicated as the sought, and other events that make the person who understands the site in As their working relationship, kinship, business, or any other existing room with that person. The certificate will be given to relatives, employees or household of the person concerned or any other person living at the address, if not find the sought-after that the notifier is satisfied there you have the person to be notified, will be exhibited in all cases, the means by which the notifier is satisfied that there is domiciled a person sought. In addition to the card, a copy of the application simple and sealed properly collated more, if any, single copies of other documents that the actor has exhibited his demand. The actor may accompany the actuary to make the site. Article 1390 bis 16 .- After the deadline to answer the complaint, without whom it was made and without a petition, shall be under the terms of Article 1390 Bis 20. The judge will consider carefully and under strict liability if the site was performed on the defendant legally. If the judge found that the site was not und...
In conclusion, Book Five, Title Two, of the Commercial Code of Mexico provides a robust and detailed framework for resolving commercial disputes through both ordinary and special oral trials. These provisions are instrumental in ensuring a fair, transparent, and efficient legal process, adapting to the complexities and monetary values of different cases. Adherence to these procedures is paramount for legal certainty and the smooth functioning of commercial relations in Mexico.
Fuente: Contenido híbrido asistido por IAs y supervisión editorial humana.
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