MEXICO Law and Practice Contributed by: Enrique Espejel, Diego Mora-Jensen, José Joaquín Pacheco and Luis Enrique Pérez García, White & Case
throughout the federal entities, it will be necessary to adapt legal practices and strategies to the changes introduced as a result. 3.2 Variations in Approach to Enforcement of Foreign Judgments In matters of a civil and commercial nature, includ - ing bankruptcy proceedings, the law imposes the same burden of exhausting the ancillary proceedings to enforce a judgment on the parties. Therefore, the approach to enforcing foreign judgments is compara - ble in each specific case. Furthermore, it is important to highlight that Articles 1181 to 1191 of the new National Code provide for the recognition and enforcement of foreign judgments and present innovative approaches compared to the Federal Code of Civil Procedure. The main provisions are as follows. • The new National Code establishes that the proce - dure for the recognition of foreign judgments will be governed by the provisions set forth in appli - cable international instruments and in the National Code itself. Furthermore, it is provided that the effects of such judgments will be governed by what is stated in the judgment, ruling, or arbitral award. This provision emphasises the importance of international treaties in this matter and seeks to harmonise the recognition of foreign judgments in Mexico. • The jurisdictional authority responsible for enforc - ing a foreign judgment will be the court of the debtor’s domicile or the court of the place where the assets subject to enforcement are located. This provision expands the jurisdictional options and aims to facilitate the enforcement of foreign judg - ments. • Foreign judgments that do not require the recogni - tion or homologation procedure for their enforce - ment will be recognised in accordance with inter - national treaties and Mexican law. This implies a greater consideration of international treaties in the recognition of foreign judgments, thus strengthen - ing international judicial co-operation. • The new National Code provides requirements for a foreign judgment to have res judicata status and be enforceable in Mexico. These requirements
include compliance with formalities provided for in the National Code, the jurisdiction of the foreign judicial authority, personal notification/service to the defendant, res judicata in the country of origin, and non-contravention of Mexican public policy. This provision contains more precise details of the requirements that must be met for the recognition and enforcement of foreign judgments. • Article 1187 of the new National Code stipulates that the resolution of recognition or homologation must specify which part of the execution procedure may be carried out in ways that differ from those in Mexico, provided it does not violate fundamen - tal principles and institutions of public order and human rights. This allows for greater flexibility in the enforcement of foreign judgments by adapt - ing them to the specificities of the Mexican legal system. 3.3 Categories of Foreign Judgments Not Enforced There are four types of foreign judgments that cannot be enforced within Mexican territory. • Judgments contained in illegal or improperly authenticated letters rogatory – in order for a judge to proceed to enforce a judgment, the letter roga - tory sent by the foreign judge must comply with international standards and treaties on the matter. • Judgments in violation of essential procedural formalities – although Mexican judges may not analyse the merits of a foreign judgment, they may oppose its execution if they detect a procedural violation that breaches the judgment debtor’s human right to a hearing and to a due defence in a court case. • Judgments that breach Mexican law and order – likewise, Mexican judges are compelled to oppose the execution of a foreign judgment if the deci - sions contained therein are contrary to Mexican public order (ie, to the prohibitive or mandatory rules contained in Mexican laws or in the Mexican Constitution). • Judgments involving actions in rem – if the foreign judgment deals with an action that disregards or modifies the Mexican real property regime, the judge must oppose its enforcement.
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