Posted on February 13th 2017
THE TRIAL OF ORAL COMMERCIAL EXECUTIVE
On January 25, 2017, the Decree was published in the Official Gazette of the Mexican Republic, which amended and added various provisions of the Commercial Code, in the matter of Commercial Court Trials, adding to the Book Fifth, the Special Title Bis denominated "Of the Oral Commercial Executive Judgment", with articles 1390 Ter to 1390 Ter 15 of the legal order invoked
In accordance with the Second Transitory Article of said Decree, the provisions relating to this procedure shall come into force twelve months after its publication in the Official Gazette of the Federation, that is, on January 26, 2018.
According to Articles 1390 Ter and 1390 Ter 1, this procedure takes place when two requirements are satisfied:
1.- That the claim is based on one of the documents that bring the execution provided for in article 1391 of the Commercial Code, such as public instruments, testimonies and certified copies of them, in which there is an obligation And liquid; Credit securities; Invoices, current accounts and any other commercial contracts signed and legally recognized by the debtor; The documents that by law provision have the character of executives or that by their characteristics bring execution, and so on.
2. That the value of the principal lot is equal to or greater than the amount established by article 1339 for a judgment to be appealed and up to four million pesos 00/100 national currency, without taking into consideration interests and other accessories claimed at the date of filing the claim. Noting that the updated amount mentioned in article 1339 above, amounts to $ 593,712.73 (five hundred ninety-three thousand seven hundred and twelve pesos 73/100 national currency).
An important feature of this new procedure is that NO ORDINARY REMEDY arises against the resolutions pronounced in said trial.
The parties may only request the judge, in a verbal manner at the hearings, to remedy any omissions or irregularities that may occur in the substantiation of the oral proceedings, for the sole purpose of regularizing the procedure, including, only, may request in a verbal Within the hearing in which the final judgment is issued, the clarification or addition to the resolution, without it being possible to vary the substance of the sentence, as can be seen from article 1390 Ter 2 of the Commercial Code.
Likewise, for all matters relating to the request for payment and seizure, the same rules of the commercial executive judgment, provided for in articles 1392, 1393, 1394, 1395 and 1396 of the legal order invoked, are followed, and for the conduct of procedural hearings Preliminary and trial, the same general and special rules provided for in the Second, Third and Fourth Sections of Chapter II of the Special Title of the Commercial Code must be observed.
Undoubtedly, in the words of the Commercial Oral Executive Judgment seems to boost the economy by being more agile in its substantiation, however, it is still waiting for the measures taken by the State Judicial Branch to implement the number of Courts sufficient to cover the demand for Judgments found in such a case.
Attorney at Law Octavio Alejandro Andrade Salgado
Civil and Commercial Litigation Specialist