|
 |
| NEWSLETTERS |
| Newsletter |
| |
| Litigation and Dispute Resolution |
| |
 |
Supreme Court of Justiceâs Criteria concerning the Abatement of the Instance in Commercial Law
May 01, 2017 |
|
| Supreme Court of Justiceâs Criteria concerning the Abatement of the Instance in Commercial Law |
|
|
On May 26, 2017, the First Chamber of Mexico’s Supreme Court of Justice (from now on “SCJN”) issued a compulsory Judgement (from now on “Jurisprudence”) that must be applied by all of Mexico’s Judicial System, regarding the abatement of the instance in commercial law cases when in the legal proceedings a letter rogatory is being executed.
The abatement of the instance’s legal framework can be found in the article 1076 of the Code of Commerce. This article clearly states that if none of the parties lodges an appeal or instigates any further procedures during a period of 120 days, then the abatement of the instance will be operational.
However, multiple Circuit Courts have issued different criteria on what must be understood by “further proceedings” (for purposes of the abatement of the instance). First, the reader must take in account that in several stages of a legal process, the procedural drive relies solely in the disposition and manpower of which a legal court counts on, the execution of the process served via a Letter Rogatory is included.
Once clarified the above, the Jurisprudence issued by the First Chamber consists of the following:
Period: Tenth Period
Registry Number: 2014334
Instance: First Instance
Type of Thesis: Jurisprudence
Source: Federation’s Weekly Judicial Publications
Publication: Friday May 26th, 2017 10:31 h
Subject-Matter: (Civil)
Thesis: 1a./J. 7/2017 (10th.)
ABATEMENT OF THE INSTANCE IN COMMERCIAL LAW. LEGAL PROCEEDINGS IN A LETTER ROGATORY ORDERED IN TRIAL TO PROCESS SERVE A DEFENDANT, APPLY AS LEGAL ACTS FOR THE ABATEMENT OF INSTACE TO BECOME OPERATIONAL, THEREFORE, THE REQUIRED JUDGE MUST ISSUE A REPORT RELATIVE TO THE EXECUTION OF IT.
The Jurisprudence quoted above states clearly that the execution of a Letter Rogatory or any other legal proceeding dos NOT interrupt the course of the legal process because neither the acting judge nor the parties can settle it by themselves. It does mentions though that any judicial action performed in the Letter Rogatory shall be consired as a legal proceeding relative to the main Trial for purposes of the abatement of the instance.
The aforestated legal figure will be operational once the Judge who received the Letter Rogatory or other legal instrument informs that he received it and once he has all of the other documents so that he has knowledge of both the main Trial and the incidental one. Only so that he has enough information to see if the abatement of the instance is operational or not.
The mentioned criteria reflects an Avant-Garde posture in which the main reason for it to be issued is for the parties involved in the trial to have broader legal certainty in regard of the main Trial and in the execution of the Letter Rogatory so that the trial does not stall and in consequence the dispute is resolved with a final judgement.
As it was mentioned above, jurisdictional courts sometimes find themselves oversaturated with work and understaffed so that causes that other legal disputes lag behind and sometimes even expire. That causes for many people lose their belongings that are being litigated.
After analyzing the previous data, we consider that this new criteria provides greater legal certainty for people carrying out necessary judicial procedures without the fear that the Judge's criteria is inconsistent, not taking into account the whole context in which the Trial unfolds. Once the required judge issues the corresponding report, the issuing judge may resolve in the most just and equitable manner and be able to give the parties the opportunity to resolve their conflicts with the issuance of a final judgment.
|
|
|
|
|
| Diego Alonso Ramos Castillo |
|
|
|
|
|
| José Eduardo González Rodríguez |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
IMPORTANT: IMPORTANT NOTE: The information here contained is of general nature and for informative purposes only. Please consider that what is here stated does not apply circumstances of any individual or entity. We strongly recommend not performing any activity based on this information without the professional assistance of our lawyers considering your particular circumstances.
|
|
|
|
Our Litigio y Solución de Controversias Practice Team can gladly support you in the following topics:
|
|
|
| << Back |
|
Archivo PDF |
|
|
