News Post by Dorantes O'loughlin


Posted on December 21th 2016


FASTER PROCESS IN COMMERCIAL TRIALS?

FASTER PROCESS IN COMMERCIAL TRIALS?

On October 4, 2016, the Federal Congress announced the approval of a Bill to reform the Commerce Code in order to simplify the administrative procedures and to fasten the resolution of oral commercial trials. The bill was sent to the Senate for its analysis and ratification.

Congress’ Economics Commission considers essential to promote oral justice in Mexico, which by its nature is more agile than the traditional written impartation of justice, which is important due the need of having a faster administration of justice.

Therefore, taking into consideration that there is a saturation in the judicial system, due the increase of work of the courts nationwide, we found that within the main reforms contained in the bill, there is a special title named Oral Summary Commercial Trial, which will allow to speed up the current processes.

The Bill states that the amount claimed shall be higher than $574,690.47 Mexican pesos and up to 4,000,000.00 without considering interests and other accessory amounts claimed at the pleadings. The bill further states that this type of proceeding needs to follow the same formalities that the oral commercial trials, and for seizures and enforcement the summary trials’ rules shall be followed.

Just like in Oral Commercial trials, is set forth that against the resolutions of this type, an ordinary defense recourse shall not be admitted, leaving the parties the right to orally express and request to the judge in the hearings, the correction of any omissions or irregularities presented during trial, as well as the clarification or addition to the resolution in case the final judgment contains omissions, clauses, contradictory, ambiguous or obscure words, without changing the main contents of the resolution.

Finally, we need to bear in mind that the success for the implementation of this type of trials by the federal legislator, will depend that the judicial powers at a federal and local levels are in conditions and have the infrastructure, technology and human resources necessary for the implementation of faster and expedite impartation of justice.


Author,
Attorney at Law Andres Dorantes Aranda
Specialist in Civil and Commercial Law