En Materia Mercantil
A jurisprudence was published in which it was resolved that clauses in adhesion contracts signed with banking institutions will be considered abusive and therefore null and void if they allow the banking institution to collect from any account other than the one originally contracted.
This is because such clauses put the debtor at a disadvantage, as the banking institution would not exhaust mediation procedures before state financial supervisory or judicial bodies, which would determine the legitimacy of the
debt and its collection.
These clauses would be equivalent to forced execution, thus violating the human rights of property, access to justice, and due process to the detriment of the debtors.
Additionally, a thesis was published in which it was resolved that in executive trials involving promissory notes, if the defendant proves through confession that they did not receive the money stated in the promissory note, such confession holds greater probative value than the receipts presented by the plaintiff with their claim.
“Digital Record: 2027303
Instancia: Primera Sala
Undécima Época
Materias(s): Civil, Constitucional
Thesis: 1st/J. 130/2023 (11th)
Source: Judicial Gazette of the Federation.
Tipo: Jurisprudencia
ABUSIVE CLAUSES IN ADHESION CONTRACTS ENTERED INTO WITH BANKING INSTITUTIONS ALLOWING COLLECTION OF DEBTS FROM ANY ACCOUNT OTHER THAN THE ONE ORIGINALLY CONTRACTED. THEIR NULLITY MUST BE DECLARED AS THEY CONSTITUTE A COMMISSORY AGREEMENT IN CREDIT CONTRACTS.”
“Suprema Corte de Justicia de la Nación
Digital Record: 2027323
Instancia: Tribunales Colegiados de Circuito
Undécima Época
Materias(s): Civil
Thesis: I.5o.C.104 C (11th)
Source: Judicial Gazette of the Federation.
Tipo: Aislada
PROMISSORY NOTE. WHEN IN COMMERCIAL EXECUTIVE LITIGATION, THE DEFENDANT RAISES THE EXCEPTION OF IDEOLOGICAL FALSEHOOD AND OFFERS CONFESSORIAL EVIDENCE AGAINST THE PLAINTIFF TO PROVE IT, THE CONFESSION OF THE PLAINTIFF THAT THEY DID NOT DELIVER THE AMOUNT OF MONEY STIPULATED THEREIN DESERVES GREATER PROBATIVE VALUE COMPARED TO THE RECEIPTS SUBMITTED WITH THE CLAIM.”
In the Field of Social Security
A jurisprudence was published in which it was resolved that mechanisms related to retirement, such as retirement savings accounts, are integral to the rights to a minimum livelihood and dignified life in old age. Therefore, they deserve special state protection to safeguard the vulnerable conditions of older adults and protect their rights to food, health and housing.
As a result, it is inappropriate for banking institutions to make withdrawals from retirement savings accounts due to debts derived from other bank accounts.
“Suprema Corte de Justicia de la Nación
Digital Record: 2027307
Instancia: Primera Sala
Undécima Época
Materias(s): Civil, Constitucional
Thesis: 1st/J. 125/2023 (11th)
Source: Judicial Gazette of the Federation.
Tipo: Jurisprudencia
RIGHT OF ELDERLY PEOPLE TO HAVE A MINIMUM LIVELIHOOD. WARRANTS SPECIAL STATE PROTECTION TO IDENTIFY AND REMEDY POSSIBLE VULNERABILITY CONDITIONS.”
In the Field of Foreign Trade
A jurisprudence was published in which it was resolved that indirect amparo proceedings are only applicable against acts stemming from domestic migration policy, and they are not applicable against acts arising from foreign migration policy. The latter falls under the exclusive authority of the president as it aims to facilitate relations between states.
“Suprema Corte de Justicia de la Nación
Digital Record: 2027324
Instancia: Primera Sala
Undécima Época
Materias(s): Común
Thesis: 1st/J. 133/2023 (11th)
Source: Judicial Gazette of the Federation.
Tipo: Jurisprudencia
MIGRATION POLICY. DIFFERENCES BETWEEN FOREIGN AND DOMESTIC POLICY FOR THE PURPOSES OF AMPARO PROCEEDINGS.”
En Materia Constitucional
A thesis was published in which it was resolved that indirect amparo proceedings can be initiated against statements, declarations, taunts, or comments made by a public servant in the exercise of their duties through their social media or media outlets.
This is especially applicable if such actions involve an accusation or negative opinion that could affect the right to honor and presumption of innocence of the individual.
“Suprema Corte de Justicia de la Nación
Digital Record: 2027290
Instancia: Tribunales Colegiados de Circuito
Undécima Época
Materias(s): Común
Thesis: I.11o.A.15 K (11th)
Source: Judicial Gazette of the Federation.
Tipo: Aislada
ACTS OF AUTHORITY FOR AMPARO PURPOSES. THEY INCLUDE STATEMENTS, DECLARATIONS, OR COMMENTS MADE BY A PUBLIC SERVANT IN THE EXERCISE OF THEIR DUTIES THROUGH THEIR SOCIAL MEDIA OR MEDIA OUTLETS, WHICH IMPLY AN ACCUSATION THAT COULD AFFECT THE RIGHT TO HONOR AND PRESUMPTION OF INNOCENCE OF THE INDIVIDUAL THEY ARE MADE AGAINST.”
