The Court has confirmed the constitutionality of the Controlling Beneficiary. [Update]
In Mexico, all entities, whether individuals, corporations, trusts, foundations, or other similar structures, are required to identify their Controlling Beneficiaries. These individuals are those who receive benefits from the entity or exert influence over it, as detailed in the previously published article by Aliza Palatchi. Failure to comply with this obligation may result in fines […]
NEW GENERAL LAW ON ALTERNATIVE DISPUTE RESOLUTION (ADR)
A controversy before the Courts of the country is always complicated because it involves factors such as lawyers’ fees, personal resources, bureaucracy, long times to obtain a judgment and factors such as the excessive workload that the Authority has at the local or federal level, which makes access to the administration of justice difficult. […]
The Civil Code of Mexico City, moves towards inclusion.
On August 8, 2023, the plenary session of the Supreme Court of Justice of the Nation (the “Court“), invalidated provisions of the Civil Code in force of Mexico City (the “Code“), in testamentary matters that allow people with disabilities to testament by electronic means. In the world, according with the World Health Organization, approximately 15% […]
The fundamental right to one’s own image
The Supreme Court of Justice of the Nation has developed a doctrine in which it recognizes the right to one’s own image as a fundamental right derived from human dignity, a concept expressly mentioned in Article 1 of the Constitution. According to the Supreme Court, human dignity is the basis for all other fundamental rights, […]
Acedo Santamarina obtained that the First Chamber of the Supreme Court of Justice of the Nation made a conforming interpretation of Article 163 of the General Law of Mercantile Corporations.
In an appeal for review filed in defense of the interests of a minority of shareholders of a certain corporation, Acedo Santamarina succeeded in having the First Chamber of the Supreme Court of Justice of Mexico interpret Article 163 of the General Law of Mercantile Corporations in accordance with the Mexican Corporate Law.
INAI will file an action of unconstitutionality against the cell phone registry
On April 26, the plenary session of the National Institute for Transparency, Access to Information and Protection of Personal Data (INAI) approved the promotion of an action of unconstitutionality before the Supreme Court of Justice of the Nation, in relation to the reform to the Federal Telecommunications and Broadcasting Law approved on April 16 of […]
Constitutional Reform in Judicial Matters
As a result of the initiative presented by the President of the Supreme Court of Justice of the Nation to the President of the Republic, on March 11, 2021, the “Decree declaring the amendment and addition of various provisions of the Political Constitution of the United Mexican States, relating to the Judicial Power of the […]
Measures announced by the SCJN for the period from June 1 to 30
In accordance with General Agreements 3/2020, 6/2020 and 7/2020 issued during the months of March and April 2020, the Plenary of the Supreme Court of Justice of the Nation (“SCJN”) decided to decree certain measures in order to mitigate the risks associated with the COVID-19 disease, among which are to declare the days from March […]
Suspension of jurisdictional activities is extended
By resolutions adopted in sessions held on April 13, 2020, the Supreme Court of Justice of the Nation, the Council of the Federal Judiciary, the Federal Court of Administrative Justice and the Council of the Judiciary of Mexico City, decided to extend the suspension of jurisdictional activities that had originally been set until April 19, […]
Jurisdiction to settle a dispute arising from adhesion banking contracts
Practically all existing legal relationships between banking service providers and their customers are governed by the provisions of adhesion contracts, which the Federal Consumer Protection Law defines as the formats in which a provider unilaterally determines the terms and conditions to be applied to the provision of a service, i.e., customers or users acquire certain […]