12 Jun New National Code for Civil and Family Procedures
On June 7 th , 2023, the Mexican government published the new National Code for Civil and Family Procedures the (“Code”), to rule and govern on any proceedings related to civil and family litigation in Mexico.
The Code will be applicable throughout the whole territory of Mexico. In fact, according to transition articles second and third, the existing Federal Code for Civil Procedures and all local codes for civil procedures (in every state jurisdiction) are repealed by the new Code1.
The assimilation and enforceability process will also represent an important challenge since every state jurisdiction shall standardize their respective civil and family laws, regulations, and codes to the new Code.
The most important general amendments, additions and provision of the Code are the following:
- The standardization of the procedural regulations for Civil and Family law matters in all jurisdictions in Mexico (state and federal).
- The incorporation of special provisions for legal procedures in favor of people who are in special vulnerability situation.
- Methodologies for the application of oral trials’ principles in hearings.
- Addition of alternative dispute resolution mechanisms.
- Optimization of appeal processes to reduce delaying strategies.
- Participation of notary publics and public brokers in certain procedures.
- Oral Summary Trials.
- Incorporation of innovative mechanisms for insolvency procedures.
- Optimization on hearing terms.
- Special procedures for adoption matters.
Additionally, the Code's content distribution is organized in ten chapters: (i) the system for justice administration in civil and family law matters, (ii) oral hearings in civil and family law matters, (iii) civil justice, (iv) family justice, (v) universal trials, (vi) collective legal actions, (vii) appeals, (viii) digital justice, (ix) judgment, enforcement, and execution; and (x) cooperation and international procedures.
Regarding entry into force, the transition articles provide that the Code will be effective as of June 8 th , 2023; however, the enforceability will be gradually applied as follows:
- For Federal competence, in accordance with the official statement to be issued by the Federal Congress, (deadline April 1 st , 2027).
- For each State, the enforceability will be gradually applied in accordance with the official statements to be issued by the Local Congresses accordingly, (same deadline of April 1 st , 2027).
- If no official statements are issued by the Congresses, the Code’s enforceability will be April 1 st , 2027.
Finally, all current procedures that were already being carried out under the provisions of the previous regulations for civil and family law matters may remain applying such regulations, unless the parties involved in the procedure agree to apply the new Code.
For any questions and comments you may have, please contact our experts in CC who will be happy to provide legal advice and assist you in the process.
1The authority of the Federal Congress to issue the Code was added by an amendment to article 73 of the Mexican Constitution, integrating section XXX, on September 15 th , 2017, and further amended on March 14 th , 2019.
Contacto
Rafael Sánchez
Jorge González
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.