MEXICO Law and Practice Contributed by: Enrique Espejel, Diego Mora-Jensen, José Joaquín Pacheco and Luis Enrique Pérez García, White & Case
If it has been modified, only the content of the last decision delivered in the court case may be taken into account. 2.7 Register of Domestic Judgments In Mexico, there is no central record of each judgment delivered by judges. However, there are some digital platforms that allow for the search of specific rulings issued by Mexican courts. On the other hand, when judgments order the seizure of real estate, such sei - zure must be registered in the corresponding Public Registry of Property. However, such registries do not register judgments – only property of a specific nature. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments Mexico has ratified several international treaties regarding the enforcement of judgments, including: • the Inter-American Convention on the Extrater - ritorial Validity of Foreign Judgments and Arbitral Awards; • the Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments; • the Inter-American Convention on Letters Roga - tory; • the Convention between the United Mexican States and the United Kingdom of Spain on the Recognition and Enforcement of Foreign Judicial Judgments and Arbitral Awards in Civil and Com - mercial Matters; and • the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. Likewise, the national legislation in civil matters has adapted its internal framework to recognise the enforcement of judgments within national territory, as well as delimit the procedure and requirements. In this sense, it sets forth that foreign judgments, pri - vate arbitral awards of a non-commercial nature, and jurisdictional resolutions will be executed by means of enforcement. The ancillary proceedings to enforce a foreign judgment will be limited to examining the authenticity of the foreign final judgment and whether
it must be enforced in accordance with the provisions of Mexican territory. Among the necessary conditions for executing a for - eign judgment, Article 571 of the Federal Code of Civil Procedures and Article 1347-A of the Commercial Code set forth the following requirements: • the formalities established in the international trea- ties regarding letters rogatory to which Mexico is a party must have been complied with; • they must not have been issued as a consequence of an action in rem; • the jurisdictional authority that issued the decision must have competent jurisdiction and evaluate the matter according to the rules of international law that are compatible with the national legislation; • the defendant must have been personally sum - moned; • the decision must have res judicata status in the country in which it was rendered (alternatively, there must be no ordinary appeal against it); • the action that gave rise to the requirements must not be the subject matter of a lawsuit that is pend - ing between the same parties before Mexican courts and in which the Mexican court has taken a preventative action (or at least the letter rogatory to summon has been processed and delivered to the Ministry of Foreign Affairs or to the authorities of the state where the summons is to be served); • the obligation to be performed must not be con - trary to public order in Mexico; and • the documentation must be properly authenticated. In the realm of the enforcement of foreign judgments and arbitral awards, the National Code (see 2.1 Types of Domestic Judgments (New National Code of Civil and Family Procedures)) introduces significant con - trasts to the Federal Code of Civil Procedure. These changes aim to harmonise the recognition of foreign judgments in Mexico, expand the jurisdictional author - ity’s options, and strengthen international judicial co- operation. Therefore, it is essential for parties involved in the enforcement of foreign judgments to familiarise themselves with the provisions and procedures of the National Code. When the new code is implemented
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