MEXICO Law and Practice Contributed by: Luis Asali, Omar Colomé, Katia Hernández and Jesús Figueroa, Bufete Asali
pecuniary) damages. In such cases, the successful party may attach and auction assets to satisfy the economic compensation awarded. • Specific performance ( cumplimiento forzoso ): court orders compelling a party to fulfil contractual or legal obligations. While a court cannot directly compel an individual to act, it may require a third party to perform on behalf of the obligated party, at the latter’s expense, and under judicial supervision. • Other judicial remedies: depending on the dispute, courts may order restitution, the annulment of con- tracts, or the transfer/delivery of property. In some circumstances, the judge may substitute necessary signatures or approvals, for example in cases of In Mexico, damages are generally limited to compen- satory relief, aimed at restoring the injured party to the position they would have been in absent the harm. Key points include the following. • Punitive damages are available only in relation to moral (non-pecuniary) damages and not material losses, and require proof of an intention to cause harm. At times, courts have awarded damages under this concept based on the unlawfulness of the conduct and the intention to impose exemplary punishment for the behaviour. • Causation and proof are required: damages must be directly linked to the harm suffered and sup- ported by evidence. • No statutory caps exist for compensatory damages in most cases, but claims must be reasonable. default or non-appearance ( rebeldía ). 9.2 Rules Regarding Damages This framework emphasises evidence-based propor- tionate compensation as a general rule, rather than punishment or deterrence. 9.3 Pre-Judgment and Post-Judgment Interest In Mexico, a successful party may recover interest both before and after judgment. Pre-Judgment Interest (Intereses Moratorios) This accrues from the date the obligation arises until the judgment is rendered. For commercial obligations, the statutory interest rate is 6% per annum, while for
civil obligations it is 9% per annum, unless the parties have agreed otherwise in their contract (such agree- ment shall not be usurious). The purpose of this inter- est is to compensate the creditor for any delay in the debtor’s performance of their obligations. Post-Judgment Interest This accrues from the date the final judgment is entered until full payment is made. The same statutory rates apply as for pre-judgment interest (6% commer- cial, 9% civil), unless a contract provides a different rate. In both cases, interest begins to accrue once the obli- gation is due or otherwise enforceable. 9.4 Enforcement Mechanisms of a Domestic Judgment In Mexico, domestic judgments are enforced through a separate enforcement phase ( vía de apremio ), con- ducted before the same court that issued the judg- ment once it becomes final – that is, when it is no longer subject to appeal or any suspensive remedy. Key enforcement mechanisms include: • compulsory measures – courts may order the seizure of assets, garnishment of bank accounts or specific performance to ensure compliance, depending on the case; • involuntary enforcement – if the losing party fails to comply voluntarily, court-appointed officers may execute asset attachments, conduct auctions or implement other enforcement actions; and • precautionary measures – interim remedies may be applied to prevent the dissipation or concealment of assets during the enforcement process. 9.5 Enforcement of a Judgment From a Foreign Country Article 1347-A of the Code of Commerce establishes that the enforcement of a foreign judgment in Mexico requires a judicial recognition procedure. The main steps in this procedure are as follows. Filing a Petition The party seeking enforcement submits a formal request to a competent Mexican court.
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