A precedent was established declaring Article 2947 of the Civil Code for the State of Puebla unconstitutional. It envisaged the validity of a mortgage even if the nullity or non-existence of the property title serving as its basis is declared.<\/p>\n
“Docket: 2027780
\nInstance: First Chamber
\nEleventh Epoch
\nSubject(s): Civil, Constitutional
\nThesis: 1a.\/J. 199\/2023 (11th.)
\nSource: Judicial Weekly Gazette of the Federation.
\nType: Precedent<\/p>\n
MORTGAGE ESTABLISHED BY APPARENT OWNER. IT IS UNCONSTITUTIONAL IF IT PERSISTS WHEN THE NULLITY OF THE PROPERTY TITLE SERVING AS ITS BASIS IS DECLARED (INTERPRETATION OF THE CIVIL CODE FOR THE STATE OF PUEBLA).”<\/p>\n
The First Chamber ruled that, for the deduction of credits due to practical impossibility of collection, there must be proof of a final resolution demonstrating the exhaustion of collection efforts or, if applicable, the impossibility of executing the favorable resolution. It also resolved that the previous requirement does not violate the principle of legal certainty by not specifically establishing what constitutes a final resolution.<\/p>\n
“Docket: 2027793
\nInstance: First Chamber
\nEleventh Epoch
\nSubject(s): Administrative, Constitutional
\nThesis: 1a.\/J. 204\/2023 (11th.)
\nSource: Judicial Judicial Weekly Gazette of the Federation.
\nType: Precedent<\/p>\n
DEDUCTION OF CREDITS DUE TO PRACTICAL IMPOSSIBILITY OF COLLECTION. ITS REGULATION SURPASSES THE TEST OF REASONABILITY.”<\/p>\n
The First Chamber ruled that judges are obligated to adjudicate with a gender perspective when dealing with trans individuals in their judicial processes. They must ensure their gender identity throughout the procedure, calling them by the chosen name and pronoun without reference to the registered name in subsequent proceedings, including the issued judgments. The use of slashes (\/), “and\/or,” “alias,” or any other alternative to include both the social and registered names of trans individuals should be avoided.<\/p>\n
“Docket: 2027802
\nInstance: First Chamber
\nEleventh Epoch
\nSubject(s): Criminal, Constitutional
\nThesis: 1a.\/J. 196\/2023 (11th.)
\nSource: Judicial Judicial Weekly Gazette of the Federation.
\nType: Precedent<\/p>\n
SELF-PERCEIVED GENDER IDENTITY. STANDARDS TO SAFEGUARD THE RIGHTS OF TRANS INDIVIDUALS PARTICIPATING IN JUDICIAL PROCEDURES.”<\/p>\n
The First Chamber resolved that the Supreme Court of Justice of the Nation lacks jurisdiction to resolve the appeal filed against a resolution that addressed a complaint of repetition of the contested act in a direct amparo. The authority to resolve such appeals lies with the Plenum of the Corresponding Circuit Collegiate Tribunal.<\/p>\n
Additionally, an isolated thesis was issued, determining that the Civil Procedure Code for Mexico City is unclear and somewhat contradictory regarding the admissibility of the appeal against final resolutions issued in proceedings conducted in the enforcement process. Therefore, it is permissible to challenge the illegality of such resolutions through indirect amparo.<\/p>\n
“Docket: 2027826
\nInstance: First Chamber
\nEleventh Epoch
\nSubject(s): Common
\nThesis: 1a.\/J. 200\/2023 (11th.)
\nSource: Judicial Weekly Gazette of the Federation.
\nType: Precedent<\/p>\n
APPEAL OF DISSENT. JURISDICTION TO RESOLVE IT WHEN FILED AGAINST THE RESOLUTION OF A COMPLAINT OF REPETITION OF THE CONTESTED ACT LIES WITH THE PLENUM OF THE CIRCUIT COLLEGIATE TRIBUNAL.”<\/p>\n
“Docket: 2027800
\nInstance: Circuit Collegiate Tribunals
\nEleventh Epoch
\nSubject(s): Common
\nThesis: I.7o.C.7 K (11th.)
\nSource: Judicial Weekly Gazette of the Federation.
\nType: Isolated<\/p>\n
EXCEPTION TO THE DEFINITIVENESS PRINCIPLE IN INDIRECT AMPARO PROCEEDINGS. APPLIES WHEN CHALLENGING THE FINAL RESOLUTION ISSUED IN PROCEEDINGS FOLLOWED IN THE ENFORCEMENT PROCESS, AS AN ADDITIONAL INTERPRETATION IS REQUIRED TO DETERMINE THE ADMISSIBILITY OF THE APPEAL AGAINST IT (APPLICABLE LEGISLATION FOR MEXICO CITY).”<\/p>\n","protected":false},"excerpt":{"rendered":"
In Civil Matters A precedent was established declaring Article 2947 of the Civil Code for the State of Puebla unconstitutional. It envisaged the validity of a mortgage even if the nullity or non-existence of the property title serving as its basis is declared. “Docket: 2027780 Instance: First Chamber Eleventh Epoch Subject(s): Civil, Constitutional Thesis: 1a.\/J. […]<\/p>\n","protected":false},"author":3,"featured_media":1786,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-1564","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-otros"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1564","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/comments?post=1564"}],"version-history":[{"count":3,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1564\/revisions"}],"predecessor-version":[{"id":2570,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/posts\/1564\/revisions\/2570"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/media\/1786"}],"wp:attachment":[{"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/media?parent=1564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/categories?post=1564"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ibarrapg.com\/en\/wp-json\/wp\/v2\/tags?post=1564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}