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 | Mar 9, 2026 | Corporate Governance & Complience, Corporate Law, Corporativo, Jurisprudence, LGSM, SCJN, Stock Shares
A company admitted a new shareholder through a capital stock increase, received a promissory note as a guarantee for payment of the issued stock shares, and believed that with that it was in compliance. The Supreme Court of Mexico (the Court) confirmed that it was...
by José Antonio Cervantes Acosta | Jan 2, 2026 | Commercial Agreements, Commercial law, Jurisprudence
Does your company receive payments by check? If so, you may be exposed to a hidden risk that can freeze your cash flow without the debtor being subject to any sanction. A Federal Court has recently confirmed that a check remains legally valid even if the...
by José Antonio Cervantes Acosta | 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...
