In Civil Matters
The First Chamber of the SCJN determined the possibility of pursuing, through the commercial route, disputes arising from a real estate lease contract, provided that the contract was entered into with the purpose of commercial speculation.
Additionally, the Regional Plenum in Civil Matters for the Central-South Region resolved that in a civil executive trial, it is inappropriate to demand payment of condominium fees arising after the issuance of the account statement that constitutes the founding executive title of the action, as such future fees are not provided for in this statement.
“Digital Record: 2027554
Instance: First Chamber
Eleventh Epoch
Subject(s): Civil
Thesis: 1a./J. 170/2023 (11th)
Source: Judicial Weekly of the Federation
Type: Precedent
REAL ESTATE LEASE. TO DETERMINE WHETHER THE COMMERCIAL ROUTE IS APPLICABLE TO RESOLVE DISPUTES ARISING FROM SUCH ACT, THE JUDGE MUST DECIDE WHETHER IT CONSTITUTES A COMMERCIAL ACT WHEN CARRIED OUT FOR THE PURPOSE OF COMMERCIAL SPECULATION, SINCE THE CATALOG OF ARTICLE 75 OF THE COMMERCIAL CODE MUST BE INTERPRETED IN AN ENUMERATIVE AND NOT LIMITING MANNER (ABANDONMENT OF PRECEDENT 1a./J. 63/98).”
“Digital Record: 2027564
Instance: Regional Plenums
Eleventh Epoch
Subject(s): Civil
Thesis: PR.C.CS. J/15 C (11th)
Source: Judicial Weekly of the Federation
Type: Precedent
CONDOMINIUM FEES. IT IS IMPROPER TO DEMAND IN CIVIL EXECUTIVE TRIAL THE PAYMENT OF FEES ARISING AFTER THE ISSUANCE OF THE ACCOUNT STATEMENT THAT CONSTITUTES THE FOUNDING EXECUTIVE TITLE OF THE ACTION AS PROVIDED IN ARTICLE 1029 OF THE CIVIL CODE OF THE STATE OF JALISCO.”
In Constitutional Matters
The First Chamber of the SCJN resolved that the absence of regulations or the lack of adaptation of norms to international treaties by the Powers of the States implies a failure to fulfill their duty to legislate in accordance with the first constitutional article.
“Digital Record: 2027549
Instance: First Chamber
Eleventh Epoch
Subject(s): Administrative
Thesis: 1a./J. 172/2023 (11th)
Source: Judicial Weekly of the Federation
Type: Precedent
LEGISLATIVE OMISSION TO COMPLY WITH OBLIGATIONS ESTABLISHED IN A CONVENTIONAL OR INTERNATIONAL PROVISION. IT IS CONFIGURED WHEN THERE IS A CONSTITUTIONAL MANDATE DERIVED FROM THE INTERNATIONAL COMMITMENTS ACQUIRED BY THE MEXICAN STATE THAT OBLIGE THE POWERS OF THE MEXICAN STATE TO ADAPT THEIR INTERNAL REGULATIONS.”
In Administrative Matters
The Regional Plenum in Administrative Matters for the Central-North Region resolved that it is not appropriate to dismiss indirect amparo lawsuits claiming the refusal of Condusef to issue the technical opinion established in Article 68 Bis of the Law of Protection and Defense of Financial Service Users, effective as of January 11th, 2014.
On the other hand, the Second Chamber of the SCJN resolved that Article 42, Section II, of the Regulations on Medical Benefits of the Mexican Social Security Institute violates the rights to health protection and social security of children and adolescents who are beneficiaries of that institute, as it excludes hearing aids, cochlear implants, prosthetics, and external orthoses from sickness and maternity insurance. It is the responsibility of IMSS to guarantee the right of children and adolescents with disabilities to enjoy the highest possible level of health protection and the full realization of social security.
“Digital Record: 2027567
Instance: Regional Plenums
Eleventh Epoch
Subject(s): Administrative
Thesis: PR.A.CN. J/29 A (11th)
Source: Judicial Weekly of the Federation
Type: Precedent
INDIRECT AMPARO LAWSUIT. IT DOES NOT CONSTITUTE A CLEAR AND UNDOUBTABLE CAUSE FOR DISMISSAL, THE PRECEDENT THESIS 2a./J. 146/2012 (10th) WHEN CLAIMING THE DENIAL OF THE NATIONAL COMMISSION FOR THE PROTECTION AND DEFENSE OF FINANCIAL SERVICE USERS (CONDUSEF) TO ISSUE THE TECHNICAL OPINION ESTABLISHED IN ARTICLE 68 BIS OF THE LAW OF PROTECTION AND DEFENSE OF FINANCIAL SERVICE USERS (LEGISLATION IN EFFECT SINCE JANUARY 11th, 2014).”
“Digital Record: 2027571
Instance: Second Chamber
Eleventh Epoch
Subject(s): Constitutional
Thesis: 2a./J. 60/2023 (11th)
Source: Judicial Weekly of the Federation
Type: Precedent
AUDITORY SENSORY DISABILITY. RIGHTS TO HEALTH PROTECTION AND SOCIAL SECURITY OF CHILDREN AND ADOLESCENTS. ARTICLE 42, SECTION II, OF THE REGULATIONS ON MEDICAL BENEFITS OF THE MEXICAN SOCIAL SECURITY INSTITUTE VIOLATES THESE FUNDAMENTAL RIGHTS BY EXCLUDING HEARING AIDS, COCHLEAR IMPLANTS, PROSTHETICS, AND EXTERNAL ORTHOSES FROM SICKNESS AND MATERNITY INSURANCE.”
