Law and Compliance in Mexico

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Business Contract

General Observation
A contract is considered international if the parts involved have a permanent residence or are established in different states, or if the contract has objective contacts with more than one state.
Law Applicable to the Contract
Mexico is member of the Vienna Convention for the application of the International Contracts of Real Estate transactions.
Advisable Incoterms
It is advisable the use of Incoterm FOB (Free on Board) or CIF (Cost, Insurance and Freight).
EXW is one of the best options for the seller but he must organize his own transportation.
Language of Domestic Contract

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Legal Framework of Business

Equity of Judgments

Independence of Justice
The Judicial power is free and independent, however it is contaminated by the corruption.
Equal Treatment of Nationals and Foreigners
Yes, foreigners are entitled to impartial justice.
The Language of Justice
Recourse to an Interpreter
Yes, as long as it is an official certified translator.
Legal Similarities
The Political Constitution of Mexico is the basis of the legal system in Mexico.  The judicial system is a combination of constitutional theories and American civil rights in addition to judicial revisions of different legislative statutes. Mexico accepts compulsory jurisdiction from the International Court of Justice but with reservations.

The Different Legal Codes

Civil Law Federal Civil Code
Commercial Law Commercial Code
Criminal Law Criminal Code
Checking National Laws Online
Federal Legislation
Other Useful Resources
Official Website of the Mexican Government
Country Guides
websites of Federal institutions

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The Jurisdictions

Supreme Court of Justice It is the maximum constitutional court and head of the Federal Judicial Power.  It protects the order established by the Mexican Constitution, keeps the balance in between the other powers and government domains through its court ruling.
Electoral Court It is the maximum authority jurisdictional specialized in controlling and solving disagreements on the federal elections, as well as actions and resolutions that can violate political and electoral rights of the citizens.
Circuit Collegiate Courts It is in charge of  providing direct protection against conclusive judgments or against resolutions. It is the appeal court for judgments already pronounced either by the district judges or the responsible of the superior court and also extradition orders dictated by the President of the Republic as a response to a petition from a foreign government.
Circuit Unitary Courts It performs judgments of protection promoted against deeds from other circuit unitary courts. It is the appeal court for issues heard on first instance and district courts; it is the resource for a denied appeal; qualifies the impediments, excuses and rejections from district judges; etc.
District Courts They are in charge of crimes of federal order, procedures of extradiction, authorizations to interfere in private communications; controversies between the application of federal law in administration, civil or labor subjects; it resolves judgments indirectly in crime, administrative, civil and labor issues.
Federal Judiciary Council Manages, supervises and disciplines the judicial course of the Judicial Power of the Federation, with the exception of the Supreme Court and the Electoral Court.  It determines the division and competence of territories, and specialization -by subject- of the Circuit Collegiate and Unitary Courts and the District Courts.

Court Officials

Supreme Justice Court (in Spanish)
The Supreme Court is the guardian of the Constitution, the protector of fundamental rights and the arbitrator who settles disputes.
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