by José Antonio Cervantes Acosta | Apr 21, 2026 | Contracts, Corporate Risk Managemen
Your bank can freeze your account funds if it suspects that the security token provided to you has been misused, and a legal injunction can no longer be used to release them—provided this freeze is stipulated in your contract. Indeed, Article 52 of the Financial...
by José Antonio Cervantes Acosta | Mar 10, 2026 | collateral, Commercial law, Contracts, Corporate, Corporativo, Derecho Mercantil, guarantees, Investment, Jurisprudence, Mexican Law, non-possessory pledges, SCJN, Tribunal Federal
Some companies granting high-value credit rely on the fact that, by being secured through non-possessory pledges or guaranty trusts, they will face fewer difficulties in recovering their investment in the event of a debtor’s default. On the other hand, if the...
by José Antonio Cervantes Acosta | Mar 10, 2026 | Commercial Agreements, Commercial law, competence, contract termination, Contracts, Corporate, Corporate Governance & Complience, Jurisprudence, Mexican Law, SCJN
Some companies with cross-border businesses still assume that by choosing foreign laws to govern agreements that have effects in Mexico, they will obtain greater legal certainty. This is because they assume that a Mexican judge will apply the agreement literally when...
by José Antonio Cervantes Acosta | Jan 27, 2026 | Business company, Commercial law, Company law, contract termination, Contracts, Corporate, Corporate Law, Corporativo, Derecho Mercantil
When a company operates commercially in Mexico, the question often arises as to whether it is less risky to choose a governing law other than Mexican law for the interpretation of its contracts. This decision is usually based on an assumption that is not always...
by José Antonio Cervantes Acosta | Jan 2, 2026 | Commercial Agreements, Commercial law, Contracts
Nearly two years after the publication of the landmark case-law [1] decision of Mexico’s Supreme Court, which qualified the principle of free will in commercial matters, also known as freedom to contract, allowing the parties to freely agree upon the terms and...
by José Antonio Cervantes Acosta | Sep 10, 2025 | Commercial Agreements, Contracts
What did the case reviewed by the Court consist of? In a recent ruling, the First Chamber of Mexico’s Supreme Court of Justice (the Court) examined whether it is legitimate for one of the parties in a contract to conclude or terminate it unilaterally and without any...
