A TREATISE FOR LEGAL PRACTITIONERS
AND
INTERNATIONAL INVESTORS
   
   
 
Volume 1
Chapter 23 Summary
   

This chapter analyzes the unprecedented legislative changes brought about by the 1988 amendments that Mexican courts are now interpreting and applying to cases involving international litigation. Comprised of some 18 international conventions as well as detailed and, in the cases of "Libro Cuarto," lengthy amendments, these legislative changes modernized Mexico’s international and domestic law.

The amendments affected four areas of Mexican Law: (1) the Federal Code, dealing with international conventional law and domestic law; (2) the Civil Code of the Federal District, on substantive conflict of law matters; (3) the Code of Civil Procedure of the Federal District, on Procedural international cooperation questions; and (4) the Code of Commerce, regarding international arbitration issues. Collectively, these changes signaled the end of approximately half a century of strict isolationism by Mexico in regard to the application of foreign law.

The amendments, virtually copied from their corresponding conventions, provided an avenue for Mexican judges to respect the law of other countries, while reinforcing reciprocal provisions of their own. They also included provisions regarding: (1) Letters Rogatory; (2) the Taking of Evidence Abroad; (3) General Rules of Private International Law; and (4) the Extraterritorial Validity of Foreign Judgments and Arbitral Awards. Thus, Mexican judges are empowered to enforce foreign judgments, or deny them, based on grounds inherent in the foreign law itself or in local law.

These changes are perhaps the most detailed, modern and pragmatic in Mexican legal history and very much in step with parallel trends at the international level.

   
 

Author & General Coordinator:
JORGE A. VARGAS
Professor of Law,
University of San Diego School of Law
Published by ©West Group (1998)


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Book Description  
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The Seven Appendices  
Synopsis 1 thru 20  
Synopsis 21 thru 40  
Recent Developments  
Volume 1 Table of Contents  
Volume 2 Table of Contents  
Volume 3 Table of Contents  
Volume 3 Preface  
Volume 3 Introduction  
Volume 4 Table of Contents  
Volume 4 Introduction  
     
 
Dictionary Description  
Who Should Buy the Dictionary  
Examples of Legal Terms  
Buy this Dictionary  
   
 
1. Introduction  
1.1 Overview of Mexico's Legal System  
1.2 Mexican Law Information in Spanish  
1.3 Mexican Law Information in English  
     
2. Legislative Enactments  
2.1 No Mexican Federal Statutes in English  
2.2 Mexican Federal Statutes in Spanish  
2.3 Mexico's Major Codes in Spanish  
a. Federal Civil Code  
b. Code of Commerce  
c. Code of Civil Procedure  
d. Federal Code of Criminal Procedure  
e. Federal Criminal Code  
f.  Fiscal Code of the Federation  
2.4 Mexico's Diario Oficial de la Federación  
2.5 The Federal Constitution of 1917  
a. Mexico: A Federal Republic  
b. The Executive Power  
c. The Legislative Power  
d. The Judicial Power  
     
3. International Treaties and Conventions  
3.1 Secretariat of Foreign Affairs (SRE)  
3.2 List of International Treaties and Conventions on conflict of laws,
business and environmental questions to which Mexico is a party
 
3.3 International Judicial Cooperation  
     
4. Mexico's Federal Government  
     
5. State Governments  
5.1 Specific State legislation (i.e, State Constitution, codes, laws, etc.)  
     
6. Legal Background and History of Mexico  
     
APPENDIX I Mexico's Federal Legislation  
APPENDIX II Mexico's 18 Secretariats of State Web Sites  
APPENDIX III Web Sites of Mexico's 31 States  
APPENDIX IV Compendium of the Best Mexican Law Web Sites (5 in English and 6 in Spanish)