by Antonio Cervantes | Jan 5, 2024 | Commercial law, Contracts, Jurisprudence
The First Chamber of Mexico’s Supreme Court (the “Court”) issued a decision by which it clarified the limits to the freedom of contract principle in a supply agreement. A supply agreement entails the periodic delivery of goods by a supplier to a client, in exchange of...
by Antonio Cervantes | Oct 24, 2023 | Compliance, Contracts, Corporate, Regulatory and Compliance
Through the execution of a contract two or more persons create or transfer rights and obligations, [1] however, there is a risk that one of the parties or even both will breach the agreement. Nonperformance is the failure to comply with contractual obligations...
by Antonio Cervantes | Sep 29, 2023 | Case law, Contracts, Promissory agreement
Background Through a promissory agreement one or both parties agree to execute within a period of time, a given contract that the parties do not want or may not execute at the moment. It is also known as preliminary agreement, promise of contract, promise to enter...
by Antonio Cervantes | Sep 1, 2023 | Case law, Contracts, Insurance
The good faith principle in insurance contracts In accordance with the Mexican law, an insurance contract has a specific condition to become effective: the good faith of the parties. This is confirmed by article 8 of the Mexican Insurance Contract Act (“ICA”)...
