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 | Jul 18, 2025 | Case law, Corporate Law, Corporativo, SCJN
In a press release, the First Chamber of the Supreme Court of Justice of Mexico confirmed that piercing the corporate veil of a corporate entity will not be permitted when requested as a precautionary remedy. [1] This sheds light on the limitations...
by José Antonio Cervantes Acosta | May 15, 2024 | Contratos, SCJN, Seguros, Tribunal Federal
The First Chamber of Mexico’s Supreme Court of Justice (the “First Chamber”) issued a decision confirming that regarding damage insurance cases, when an accident occurs causing the death of a person, the statute of limitations to file a claim against the insurance...