This Chapter addresses the gradual progression of Mexicos
approach to private international law, as charted through three
distinct phases. First, as dictated by the concept of absolute territorialism,
Mexico applied the same legal standards to foreigners as to Mexican
nationals, up until 1932. Second, pursuant to the Civil Code of
1932, Mexico adopted a policy of "absolute territorialism"
regarding the application of any foreign law within its borders.
Finally, beginning in the 1970s, Mexico started its journey
towards the "Americanization" of its laws. However, it
was not until the 1988 Amendments that Mexico changed its policy
of absolute territorialism.
This belated third phase, starting in 1988, allowed for the application
of foreign law by adopting explicit rules on conflict of laws in
Mexico, such as Article 12. Further, with the amendments of 1988,
the status of natural persons, movable and immovable assets, and
legal acts and contracts were all provided with judicial notice
of foreign law through Article 14. Mexican judges could now apply
foreign law "as the corresponding foreign judge would."
So long as there existed an analogous legal institution in Mexico,
no identical institution needed to be present. However, problems
do arise in the areas of judicial notice and the novelty of applying
foreign law to the nature of the Mexicos legal system.
Two special areas of mention remain: first, interstate conflicts
seem to have not been distinguished from their international counterparts,
according to Article 14. Thus, these two categories should be treated
much in the same manner. Second, there remain two exceptions to
the application of foreign law in Mexico: (1) when it is deemed
to be "fraud on the law"; and (2) when "public order"