MEXICO Law and Practice Contributed by: Enrique Espejel, Diego Mora-Jensen, José Joaquín Pacheco and Luis Enrique Pérez García, White & Case
effective collection of the payment. The granting of this type of provisional measure during the process of issuing the judgment does not imply an advance or preliminary pronouncement on the nature of the judicial decision. 2. Domestic Judgments 2.1 Types of Domestic Judgments Under Mexican law, there are two types of judgments: interlocutory and final. Interlocutory judgments are the procedural act by which the judge decides on some issues that arises during the process, which are processed in ancillary proceedings. Examples of such issues are: • jurisdiction of the judge; • interim relief requested by the parties during the process; and • inconsistency during a service of notice. Final judgments are the culminating act by which the proceeding is terminated, whereby the judge decides definitively on the subject matter of the litigation. Even though the judge makes a definitive decision regarding the dispute through the final judgment, it can only be executed once the parties have exhausted the available means of appeal within the time periods prescribed by law. Judgments are categorised, based on their content, into the following classes. • Declaratory judgments – these judgments contain only a judicial declaration on the existence or non- existence of a right or obligation and do not oblige the parties to deliver an asset or perform an action. • Condemnatory judgments – these judgments resolve the conflict by imposing an obligation on one of the parties to give, to do or to refrain from doing something. It is important to mention that condemnatory judgments are often also declarato - ry, as the judge must first recognise the existence of a right and/or an obligation in order to impose an obligation to give, to do, or to refrain from doing something.
• Judgments forming rights – these judgments cre - ate, modify or extinguish a legal situation that is the subject matter of the dispute between the par - ties. They modify an existing situation as a way of resolving the dispute. Secondly, the Federal Code of Civil Procedures defines a judgment as a judicial resolution that deter - mines the merits of the case. The code recognises that the resolution of judicial disputes may be carried out through the following three mechanisms. • Final judgment – a resolution issued directly by the judge that ceases the conflict between the par - ties, in accordance with the evidence provided to the court. It is understood that a judgment is “final” when a superior judicial body to the one that issued it cannot revoke the ruling. • Transactions – the legal act by which the parties to a litigation grant mutual concessions and cease the conflict, giving such contract the effectiveness and authority of res judicata, without a direct interven - tion of the judge to resolve the dispute. • Judicial or extrajudicial agreements – an agreement between two or more persons to create, transfer, modify or extinguish obligations in the form of a contract, which does not necessarily have mutual concessions. New National Code of Civil and Family Procedures Owing to the need to harmonise local and federal jus - tice throughout Mexico, the National Code of Civil and Family Procedures (the “National Code”) was officially published in the Official Gazette of the Federation on 7 June 2023. This marks a significant change in the country’s legal landscape. Once it comes into force (by 1 April 2027, at the latest), the National Code will repeal the Federal Code of Civil Procedure, as well as the civil and family procedural legislation of the federal entities. However, ongoing civil and family procedures at the time of the National Code’s entry into force will continue under the appli - cable legislation unless the parties jointly choose to adhere to the regulations of the new code. It is also worth noting that the accumulation of civil and family cases will not be allowed under the new legal frame - work.
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