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Why Does Mexico Use Civil Law

Posted by sabbir On December 12, 2022 at 4:51 pm

Why Does Mexico Use Civil Law

Mexican law is based on the Constitution of Mexico and follows the tradition of civil law. [1] After responding to the initial claim and, if applicable, the counterclaim, the judge sets a date for the preliminary hearing at which the parties may discuss and reach an agreement. It is important to remember that this hearing is not provided for in the Federal Code of Civil Procedure, but in some local codes. Therefore, this step depends on the code under which the civil litigation is pursued. The Supreme Court consists of 11 justices and 1 chief justice. The president appoints the nominees to the Supreme Court and the Senate can approve the appointment by a 2/3 majority. If the Senate does not decide on appointments within 30 days, approval is automatic. There are no elected judges in Mexico. Supreme Court judges are appointed for life. The President also has the power to remove a judge of the Supreme Court with the consent of the Senate and the Chamber of Deputies. The Supreme Court meets in plenary session on jurisdictional, constitutional and agricultural matters.

The Supreme Court also divides and sits in chambers (salas). There are four chambers: the Criminal Committee, the Civil Commission, the Administrative Commission and the Labour Committee. District judges and district judges are appointed by the Supreme Court for a four-year term. District judges and district judges may be reappointed or promoted to higher positions at the end of the four-year term, but they may be removed only for misconduct. The fundamental difference between the Mexican and U.S. legal systems is that Mexico is a “civil law” country, while the United States is a “common law” country. While the American system is based on the jurisprudence and legal law of England and the early American colonies, the Mexican system derives primarily from Roman law as set forth in the compilation of codes and statutes called Corpus Juris Civilis and later refined in the Napoleonic Code of 1804. While the U.S. system relies heavily on past precedents, there is little consultation about jurisdiction in Mexico. The most important contributions of secular natural law and secular positive law are in the field of public law.

They are particularly evident in constitutional law, administrative law and the judicial system. [4] The civil law tradition divides law into two broad areas of law: private law and public law. Private law concerns legal relations between individuals. Public law concerns the legal relations between the individual and the State. [5] The Mexican legal system is governed by civil law. The Mexican Constitution stipulates that matters not expressly assigned to the federal government fall within the jurisdiction of any Mexican State, including civil matters. Therefore, each Mexican state has its own local code of civil procedure. The main stages of civil proceedings in Mexico may change slightly depending on the type of proceedings initiated. However, the main steps are usually as follows: local civil courts or federal district courts are the lowest Mexican courts for conducting civil proceedings. The decisions of these courts may be challenged before the courts of appeal.

The Mexican legal system derives from the tradition of civil law. This happened because of Mexico`s long historical relationship with Spain. It is important to know some of the most important concepts in the civil law tradition in order to formulate research strategies when researching Mexican law. The civil law tradition is today the oldest and most widespread legal tradition in the world. Its foundations were developed in Italian universities of the Renaissance, when Roman law was rediscovered. No, the Mexican regulations do not provide for the possibility of obtaining security or security for legal costs. However, during the proceedings or before the commencement of proceedings, at the request of a party and as a precautionary measure, the seizure of sufficient assets may be ordered to secure the outcome of the proceedings, providing a guarantee of possible harm to the person against whom the precautionary measure is taken. As many lawyers already know, the Mexican and American legal systems have a number of differences.

The American legal system is a common law system derived from the English legal tradition. This means that legal notices published and collected in the United States are considered binding legal authority. In the Mexican civil law system, on the other hand, codified law is of paramount importance. Other important historical contributions to the Mexican legal system have been Roman law, canon law, and medieval commercial law. Roman law influenced “the law of persons, family, inheritance, property, tort, unjust enrichment, and contracts.” [1] The influence of canon law is found above all “in the field of family law and inheritance (both parts of Roman civil law), criminal law and procedural law.” [2] The third historical component, medieval general commercial law, is most evident in the commercial codes of the modern civil law tradition. [3] From taxation to labor law to financial services law, Mexican administrative law requires regulators to often make enforceable decisions and regulations that have a similar jurisdictional weight to those in the United States. Mexico`s dynamic and diverse administrative law, which is becoming increasingly important in Mexico, is slowly moving beyond the more stable institutions of the traditional Mexican civil justice system. Of course, in practice, in our complex modern world, not all possible situations of legal conflict can be foreseen and prepared.

There are many situations where legal interpretation is required. In these situations, the fact that the civil law tradition originates in universities and not in the courts is significant. The civil law tradition was developed by jurists and not by judges and lawyers, as is the case with the common law tradition. Thus, the “authorities” of the civil law tradition were and are jurists and not judges and lawyers. Jurists in the civil law tradition produce legal contracts called doctrine (“doctrina” in Mexico). Traditional judges, lawyers, and civil law students will refer to the doctrine of leading jurists as judges, lawyers, and law students refer to case law. According to John H. Merryman, “The law in a civil jurisdiction is what scholars say.” [35] The codes of the civil law tradition have been drafted over the years on the premise that, with the assistance of a rational scientific process, rules and laws can be formulated that apply to almost any situation that may arise. Therefore, codes tend to be very detailed and extensive. Mexican codes, like most Latin American codes, were heavily based on European codes of the late 19th century. Individual articles of the codes are not considered narrow rules. If no applicable article is found for a particular situation, several articles can be considered in combination, and a general rule can be deduced from the articles to arrive at a solution.