The same website: www.cddhcu.gob.mx/leyinfo, also reproduces the texts of these eight federal codes: (1) the Federal Civil Code; (2) the Code of Commerce; (3) the Federal Code of Civil Procedure; (4) the Federal Code of Criminal Procedure; (5) the Federal Criminal Code; (6) the Code of Military Justice; (7) the Federal Code of Electoral Institutions and Procedures; (8) the Fiscal Code of the Federation. All the texts are current, updated, and in force.
Mexico is a civil law country. Accordingly, codes in Mexico play a primary role in defining the relative legal rights and obligations of parties. As legislative enactments, codes are unitary works that integrate all norms in a given branch of Mexican law in a systematic, comprehensive, organized and logical manner.
Mexico has distinct codes to regulate: (1) civil matters, (2) civil procedure, (3) penal matters, (4) criminal procedure, (5) commerce, and (6) tax matters, at the federal and state levels. Pursuant to Mexico’s Federal Constitution of 1917, its government is structured according to a federal system (Art. 40, Fed. Const.). Thus, the federal government and each of the thirty-one Mexican states (Art. 43, Fed. Const.) maintain separate sets of codes. For the most part, state codes closely parallel the format and the language of the federal codes.
Originally enacted in 1928 as the local code for the Federal District on ordinary matters and for the entire Republic of Mexico on federal matters (D.O. of March 26, 1928), a special Federal Civil Code was recently enacted by the Federal Congress (D.O. of May 29, 2000), as amended.16
From a substantive viewpoint, the text of the Civil Code for the Federal District is virtually the same (except for minor changes), as that of the Federal Civil Code. In essence, the Federal Civil Code constitutes the core of Mexican Civil Law and occupies a most salient place within Mexico’s legal system. Furthermore, the thirty-one local Civil Codes of the Mexican States, which compose the Republic of Mexico, are a virtual copy (with insignificant changes) of the Federal Civil Code. Accordingly, this means that, de facto, regarding civil law matters the Federal Civil Code governs throughout the entire country.17
The Federal Civil Code is composed of 3,074 Sections (Articles) divided into four sections (Books), and preceded by some preliminary provisions. Book One (Persons) refers to the rights and obligations of individuals and legal entities including: questions relative to their domicile, civil registry, marriage, divorce, adoption, relationship and support, parental authority, guardianship, emancipation, absent and missing persons, and the homestead. This new code substantially modernized most of its family law provisions. Book Two (Property) governs real property and personal property, possession, ownership, usufruct, easements and prescription. Book Three (Successions) deals with successions by will, legal and testamentary successions, executors and partition questions. Book Four (Obligations or Contracts) pertains to: contracts, special obligations and their effects, leases, agency, professional services, associations and companies, mortgages, credits and public registry.
Under Mexican law, it is important to identify the number of Article(s) that explicitly refer to the specific topic or legal issue. For example, Article 14 of the Federal Civil Code refers to the application of foreign law in Mexico; the content of a marriage certificate is given in Article 103; the community marriage legal regime (Sociedad conyugal)18 is described in Articles 183-206, as opposed to the separation of property regime (Separación de bienes), which is regulated by Articles 207-218; the twenty grounds for divorce are listed in Article 267; and the principles that govern personal injury cases19 are enunciated in Articles 1910-1934 of the same Federal Civil Code.
The provisions of the Code of Commerce apply exclusively to acts of commerce, and to the activities of merchants. This code composed of 1,462 Sections (Articles), was originally enacted in 1889, and has been amended several times.
Book One (Merchants) governs merchant activities. Book Two (Overland Commerce) regulates acts of commerce and mercantile contracts, commercial transactions, commercial companies, agents, factors and employees, mercantile bailments and loans, purchase and sale transactions. Book Three (Repealed, now substituted by a federal statute on maritime commerce). Book Four (Repealed, and substituted by the recent federal Bankruptcy Act). Book Five (Mercantile Actions) refers to mercantile judicial proceedings, pre-trial and trial procedures, general rules of evidence, judgments, appeals, and commercial arbitration and its procedure.
This Code is the exact counterpart to the Federal Rules of Civil Procedure, first adopted in our country in 1938 and then used as a model for similar state codes. Mexico’s code was enacted in 1943, and then substantially amended in 1988 to allow for the application of foreign law by Mexican courts and to establish clearer rules in the area of international procedural cooperation.
It is interesting to point out that Mexican judges should apply foreign law in the same manner the law would be applied by the respective foreign judge; that the non-existence, absence or lack of Mexican legal institutions, or precise procedural rules, are not to hinder the application of foreign law provided there are “analogous” institutions or procedures under Mexican law; and that different phases of a given judicial proceedings may be governed by “different laws,” whether foreign or Mexican, when applied harmoniously with the aim of achieving the intended purposes of the different applicable laws.20
The Federal Code of Civil Procedure consists of 577 Sections (Articles) divided into four parts. Book One (Parties) regulates the parties who may intervene in a federal civil trial, the judicial authorities, the rules of evidence, judicial resolutions and judicial formalities. Book Two (Litigious Matters) regulates the trial phases, including the initial complaint, the answer, evidence, the final judgment and incidents, as well as precautionary measures and enforcement. Book Three (Special Procedures) details liquidation proceedings, demarcations and boundaries, and expropriations, closing with voluntary jurisdiction. Book Four (International Procedural Cooperation) includes some basic principles, letters rogatory, jurisdiction over procedural issues, evidence, jurisdiction over judgments, and enforcement of judgments.
Book Four (Arts. 543-577) is particularly important; its provisions, jointly with those of other applicable federal statutes as well as treaties and international conventions to which Mexico is a party, govern cases involving international civil litigation. The Code was recently amended (D.O. of May 29, 2000).
The constitutional guarantees (Garantías individuales) enunciated by Mexico’s Federal Constitution in the criminal law area (i.e., Arts. 14, 16, and 18-23. Fed. Const.), are enunciated, protected and detailed in the Federal Code of Criminal Procedure enacted in 1934 and amended several times (D.O. of February 6, 2002).
This Code consists of 576 Sections (Articles) divided into these Titles: Title One (General Rules) establishes the rules which govern the criminal procedure: jurisdiction, search and seizure warrants, summons, judicial resolutions, etc. Title Two (Initial Investigation) covers all aspects pertaining to pre-trial proceedings. Title Three (Causes of Action). Titles Four and Five (Pre-Trial Initial Investigation and Trial Initiation) pertains to evidence to prove the criminal offense and the probable responsibility of the alleged offender. Title Six is devoted to evidence and Title Seven to conclusions. Title Eight cover acquittals and Title Nine the criminal trial and irrevocable judgments. Title Ten refers to appeals, and Title Eleven to the incidents to free the alleged offender. Title Twelve refers to mental cases, minors and drug addicts, and Title Thirteen to the implementation of the final judgment, reduction and lessening of sanctions, pardons, amnesty and rehabilitation.
Interestingly, this code regulates the procedure to be followed in cases taking place before a popular jury (Jurado Popular), which is a rather atypical and unusual procedure since Mexico, unlike the United States, has no jury trials. An overwhelming majority of criminal cases in Mexico are resolved by a judge (Juez de Primera Instancia) sitting as both trier of fact and of law. This includes trials at both the state and federal level.
Mexico’s Federal Criminal Code is applicable throughout the Republic of Mexico to criminal offenses of a federal nature. Enacted in 1931, this code has been amended numerous times, in particular since 2000 (D.O. of January 4 and June 12, 2000; June 1, 2001; and February 6, 2002).
The Code is formed by 429 Sections (Articles) divided into twenty-six titles, ranging from penitentiary rules, sanctions, enforcement of judgments to professional responsibility, termination of criminal responsibility, detailed enunciation of the federal crimes, etc.
Unlike the United States where criminal offenses are divided into “felonies and misdemeanors,” depending upon their seriousness, in Mexico criminal offenses are categorized under the social value protected by the law. Therefore, the Federal Criminal Code enunciates in detail only federal crimes (Delitos federales) which are, in turn, classified under numerous categories of “crimes against” a protected legal value under Mexican law (Delitos federales en contra de…). These categories range from crimes against the nation’s safety, international law and public security, to crimes against the person’s property and patrimony, electoral crimes, crimes against the environment, and copyright violations.
Legal Services in Puerto VallartaEach Article in this code enunciates or defines in detail the corresponding criminal offense, its modalities, its essential component, and the corresponding sanction. Recently, this code has been amended to include relatively novel federal crimes such as sexual harassment, family violence, corruption and prostitution of minors, crimes against the professional malpractice of attorneys and medical doctors, electoral crimes, and certain acts against the environment. Moreover, in recent years the Government of Mexico has enacted federal statutes formulated to punish certain criminal activities; in this regard, the Act against Organized Delinquency (D.O. of October 28, 1996) deserves mention.
This important Code regulates the payment of taxes in Mexico by both individuals and companies, including certain foreign nationals, as mandated by the Federal Constitution (Art. 31, para. IV), and other federal statutes. The Code was published in the D.O. of December 31, 1981 (last amendment in D.O. of December 31, 2000). This Code provides definitions of the legal tax terms, such as types of taxes, residents of the Mexican territory, fiscal domicile, impounding of assets, business activities, financial transactions, business markets, etc., all of them indispensable for tax purposes to foreign investors, foreign business persons, and foreign legal entities which transact business in or with Mexico.
This Code is composed of 263 Sections (Articles) that range from rights and obligations of tax payers, power of tax authorities, violations and fiscal crimes to administrative appeals, challenging of fiscal summons, and the procedure for impounding assets. It also governs the procedure to be followed in suits before the Federal Tribunal of Fiscal and Administrative Justice (Tribunal Federal de Justicia Fiscal y Administrativa), which is Mexico’s highest tax court.
This official gazette may also be reached through: www.precisa.gob.mx, which is the general web site providing access to the Secretariats of State (Secretarías de Estado), administrative departments and other federal agencies compose Mexico’s Federal Public Administration.
Mexico’s Secretariat of the Interior (Secretaría de Gobernación or Segob) is the most politically active and the most administratively powerful entity of Mexico’s Presidential cabinet. Under the PRI’s dominance, the Secretary of the Interior was the natural candidate to succeed the President of the Republic at the end of his six-year term. Segob’s possible counterparts in the United States would be formed by the combined powers of: the Department of Homeland Security (DHS), the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA).
Segob is empowered to exercise control over national security, domestic political activities at the national and state levels, internal and international migration, legislative bills signed by the Federal Executive, religious affairs, admission and expulsion of foreigners, freedom of the press, radio and television, etc. In addition, Segob is empowered “to publish the statutes and decrees enacted by the Congress of the Union, either of its two Chambers, [of Deputies and of Senators] or by the President of the Republic.” This is done by administering, organizing and publishing the Official Gazette of the Federation (Diario Oficial de la Federación) generally recognized by its acronyms: D.O. or D.O.F.), which may be compared to the FEDERAL REGISTER in the United States.
The D.O.’s official web site gives access to the best Mexican law information since the legislative texts in this site are officially provided by the Government of Mexico; taken verbatim from Mexico’s Diario Oficial. Pursuant to the Federal Civil Code, for any statute, regulation, etc., or any other enactment of general observance, to be legally binding throughout the Republic of Mexico they must appear in print and be published in the D.O. The texts of these federal statutes, codes, regulations, international treaties and conventions as approved by the Mexican Senate, etc., which are available on this web site are official and authoritative.
The D.O.’s official web site gives access to the best Mexican law information since the legislative texts in this site are officially provided by the Government of Mexico; taken verbatim from Mexico’s Diario Oficial. Pursuant to the Federal Civil Code, for any statute, regulation, etc., or any other enactment of general observance, to be legally binding throughout the Republic of Mexico they must appear in print and be published in the D.O. The texts of these federal statutes, codes, regulations, international treaties and conventions as approved by the Mexican Senate, etc., which are available on this web site are official and authoritative.
Any federal legislative enactment may be found in the Diario Oficial with the date of their respective publication. Accordingly, in Mexico it is customary to give the title of each legislative enactment followed by the date of its publication in the D.O. At the end of each legislative enactment, both at the federal and state level, in the section titled: Artículos Transitorios (Transitory Articles or transient provisions), the reader will find the specific date of the entering into force of the enactment in question.
As described above, most of the business and commercial activities conducted by foreign investors and foreign companies in Mexico are governed by federal statutes and corresponding regulations. It should be added now that the monitoring and enforcement of these statutes and regulations corresponds exclusively to the Federal Executive Power through its federal agencies (Secretarías de Estado or Secretariats of State), and administrative departments.
These federal agencies and departments constitute Mexico’s centralized public administration, whose jurisdiction, administrative powers, duties and responsibilities are enunciated in the Federal Public Administration Act (D.O. of December 29, 1976, as amended). Mexico’s presidential cabinet is formed of eighteen Secretariats (federal departments or agencies), and the Office of the Legal Counsel to the Federal Executive.23
The complete and current text in Spanish of Mexico’s Federal Constitution is available on this web site: Legislación Federal de México: www.cddhcu.gob.mx/leyinfo
Mexico’s current Federal Constitution resulted from the popular and violent revolution initiated in 1910, which led to the emergence of contemporary Mexico. From a substantive viewpoint, the fundamental law of Mexico was inspired by the content and structure of the U.S. Constitution.
This influence is eminently clear in two parts of Mexico’s fundamental law: first, in the initial part, which enunciates the constitutional rights, as the Individual Guarantees or Garantías individuales. Second, in the organic part establishing a form of government divided into three major branches: the Executive (Ejecutivo, Articles 80-93), the Legislative (Legislativo, Arts. 50-70, Fed. Const.), and the Judicial (Judicial, Arts. 94-107, Fed. Const.) which closely parallels the U.S. political system.
However, the format and length of Mexico’s Constitution emulates the European models (in particular those of Spain and France). Its text is composed of 136 Articles (or sections) divided into two major parts: (1) the dogmatic part formed by the express enunciation of the constitutional rights that limit the power of the State vis à vis individuals or groups (Arts. 1-29, Fed. Const.); and (2) the organic part which refers to the structure of the public powers and their respective jurisdictions (Arts. 49-107 and 108-114, Fed. Const.).
Unlike the U.S. Constitution, the fundamental law of Mexico may be characterized as programmatic and aspirational. It is programmatic because the body of the Constitution has been traditionally used as a political platform by the President to in turn publicize his personal presidential program and to reflect the public policies he is politically bound to implement during his six-year term. It is also aspirational because a number of its provisions do not reflect Mexico’s current reality. Rather, these provisions advance certain objectives or goals that the Mexican people, with their unity, industry and collective effort, aspire to accomplish or materialize in the near future.
The Federal Constitution occupies the apex of Mexico’s legal pyramid. It has been amended some 450 times since it was enacted eighty five years ago (D.O. of February 5, 1917). In recent years, the idea that Mexico should have a more modern and new Constitution has attracted special attention in political, legal, academic and business circles.