In civil matters
A jurisprudence was published in which it was determined that in cases where the rescission of a sales contract is claimed, it is appropriate to condemn the seller to pay legal interest on the amount received as part of the price, provided that it is claimed by the plaintiff.
“Digital Record: 2027257
Instance: First Chamber
Eleventh Epoch
Subject(s): Civil
Thesis: 1a./J. 99/2023 (11a.)
Source: Judicial Weekly of the Federation.
Type: Jurisprudence
INTEREST PAYMENT IN THE RESCISSION OF A SALES CONTRACT. IT APPLIES ONLY IF CLAIMED IN THE LAWSUIT (FEDERAL, QUINTANA ROO, AND MEXICO CITY LEGISLATIONS).”
In commercial matters
A jurisprudence was published in which it was resolved that defects in service of process are not subject to validation simply because they were understood directly with the defendant. For validation to occur, the defendant must be aware of the grounds for nullity and make an express waiver of seeking nullity.
On the other hand, an isolated thesis was published in which it was determined that in amparo proceedings, it is possible to analyze the possible violation of human rights in the execution of commercial contracts and mediation agreements. This is done to ensure that at the time of the agreement, the human right to dignity was respected, there was no exploitation of man by man, and the principles of neutrality, equity, and legality were upheld.
“Supreme Court of Justice of the Nation
Digital Record: 2027242
Instance: Regional Plenums
Eleventh Epoch
Subject(s): Commercial
Thesis: PR.C.CN. J/14 C (11a.)
Source: Judicial Weekly of the Federation.
Type: Jurisprudence
NULL SERVICE OF PROCESS IN COMMERCIAL MATTERS. IT IS NOT VALIDATED SIMPLY BECAUSE THE PROCEDURE IS UNDERSTOOD DIRECTLY WITH THE DEFENDANT.”
“Supreme Court of Justice of the Nation
Digital Record: 2027230
Instance: Regional Plenums
Eleventh Epoch
Subject(s): Common, Criminal
Thesis: PR.P.CN. J/15 P (11a.)
Source: Judicial Weekly of the Federation.
Type: Jurisprudence
COMPETENCE TO HEAR INDIRECT AMPARO LAWSUITS FILED AGAINST ACTS OF THE EXTINCT CIRCUIT UNITARY COURTS WHEN THE MAGISTRATE DESIGNATED AS THE RESPONSIBLE AUTHORITY IS PART OF A COLLEGIATE APPEAL COURT. IT IS UP TO A DIFFERENTLY TITLED INDIVIDUAL FROM THE LATTER, BUT DISTINCT FROM THE ONE WHO ACTED AS THE RESPONSIBLE AUTHORITY.”
In constitutional matters
A jurisprudence was published in which it was determined who the competent authority is to hear an indirect amparo filed against acts of the extinct Circuit Unitary Courts when the magistrate who issued the act is part of a Collegiate Appeal Court.
Indeed, in this jurisprudence, it was resolved that the amparo must be processed and resolved by a titled person who is a member of the Collegiate Appeal Court, distinct from the one who acted as the responsible authority, with individualized competence.
“Supreme Court of Justice of the Nation
Digital Record: 2027230
Instance: Regional Plenums
Eleventh Epoch
Subject(s): Common, Criminal
Thesis: PR.P.CN. J/15 P (11a.)
Source: Judicial Weekly of the Federation.
Type: Jurisprudence
COMPETENCE TO HEAR INDIRECT AMPARO LAWSUITS FILED AGAINST ACTS OF THE EXTINCT CIRCUIT UNITARY COURTS WHEN THE MAGISTRATE DESIGNATED AS THE RESPONSIBLE AUTHORITY IS PART OF A COLLEGIATE APPEAL COURT. IT IS UP TO A DIFFERENTLY TITLED INDIVIDUAL FROM THE LATTER, BUT DISTINCT FROM THE ONE WHO ACTED AS THE RESPONSIBLE AUTHORITY.”
