On June 26th, 2026, two Jurisprudential Criteria were published in the Federal Judicial Gazette (Semanario Judicial de la Federación — “SJF”) concerning the Express Submission Clause in Promissory Notes and Adhesion Contracts, and the Impact of Precautionary Measures in Oral Commercial Proceedings.
These criteria are intended to guarantee and prevent any obstruction of effective judicial protection in connection with negotiable instruments and adhesion contracts, as well as to promote expediency and efficiency in oral commercial proceedings.
Express Submission Clause in Promissory Notes and Adhesion Contracts
The Jurisprudential Criterion concerning the Express Submission Clause in Promissory Notes and Adhesion Contracts is aimed at safeguarding the rights of the signatory where such party was not in a real position to negotiate the terms of the negotiable instrument or contract. Accordingly, the Collegiate Circuit Courts have established that the express submission clause shall not be applied to determine territorial jurisdiction. The pro persona principle shall prevail, taking the signatory’s domicile as the relevant reference point.
It is important to note that the purpose of the express submission clause is to ensure and facilitate swift and impartial resolution. However, where the instruments in question were unilaterally drafted by financial institutions, without any opportunity for review or negotiation by the signatory, the latter would be placed in a take-it-or-leave-it position.
The analysis of this jurisprudential criterion seeks to establish that the application of the submission clause must not be equivalent to compelling a party to litigate outside their domicile where doing so would result in extraordinary expenses or constitute an impediment to the right of defense.
Articles 1092 to 1093 of the Commercial Code
Articles 1092 and 1093 of the Commercial Code (“CC”) provide that, with respect to the application of territorial jurisdiction, the express submission clause may be extended or expanded provided there exists a manifest intent and agreement to submit a dispute to specific courts.
Consequently, where the application of such clause results in a denial of justice for any of the parties — by compelling them to travel to a different venue in order to exercise their right of defense, thereby imposing onerous burdens that delay and obstruct access to justice — the clause must be limited accordingly.
Precautionary Measures in Oral Commercial Proceedings
The jurisprudential criterion incorporates a central point with respect to the scope of precautionary measures, as follows:
Where the granting or denial of precautionary measures arises within the context of oral commercial proceedings, amparo indirecto shall be admissible, given that the Commercial Code does not provide an ordinary remedy to challenge such determinations.
Precautionary Measures (Articles 1168–1193 of the Commercial Code)
The purpose of precautionary measures is to prevent harm, risk, or detriment, and as a general rule they are granted in favor of creditors against the potential defendant, with the objective of securing the subject matter of the litigation and ensuring enforceability of the judgment.
Among the most notable precautionary measures are the following:
- Restraint of person (radicación de persona).
- Asset freeze (retención de bienes).
It is important to note that one of the grounds for seeking such measures is the presumption that the assets may be disposed of, concealed, or dissipated.
Note
The present criterion shall apply exclusively to rulings issued in connection with precautionary measures arising from oral commercial proceedings. Accordingly, when such rulings are challenged, the appeal (recurso de apelación) set forth in Articles 1183 and 1345 of the Commercial Code is not admissible prior to the filing of an amparo petition.
Dispute Resolution and Litigation Team
Our team has extensive experience in civil and commercial litigation, enabling us to provide strategic advice and comprehensive support in addressing the new challenges arising from these criteria. We will continue to closely monitor their implementation, with the objective of helping our clients preserve legal certainty in their operations, anticipate risks, and design effective defense strategies in response to these new procedural developments.
Furthermore, in connection with compliance with the aforementioned criteria, the Dispute Resolution and Litigation team is prepared to advise you on the review of your contracts, with the purpose of anticipating potential disputes arising from the conditions under which they are executed.
