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What are the consequences of breaching a contract in Mexico?

What are the consequences of breaching a contract in Mexico?

by José Antonio Cervantes Acosta | 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...
Mexican court issues new decision on the rescission of a commercial purchase and sale contract.

Mexican court issues new decision on the rescission of a commercial purchase and sale contract.

by José Antonio Cervantes Acosta | Oct 11, 2023 | Compliance, Corporate, Regulatory and Compliance

Background In a purchase and sale agreement one party undertakes to transfer goods or property, and the other party agrees to pay a specified price for them. [1] When the sale and purchase contract is business-oriented, it is regarded as a commercial purchase and sale...
Is it necessary to include in a promissory note a competent court in case of a lawsuit?

Is it necessary to include in a promissory note a competent court in case of a lawsuit?

by José Antonio Cervantes Acosta | Oct 5, 2023 | Compliance, Corporate, Regulatory and Compliance

Background Pursuant to article 170 of the General Negotiable Instruments and Credit Transactions Law (the “Law”) a promissory note is a negotiable instrument that must contain the following elements to be valid: I. The word pagaré (promissory note)...
Is the Insurer’s obligation to pay capitalized interests to insured parties constitutional?

Is the Insurer’s obligation to pay capitalized interests to insured parties constitutional?

by José Antonio Cervantes Acosta | Oct 4, 2023 | Compliance, Derecho Mercantil, Obligaciones

Capitalized interests [1] in commercial agreements is a term permitted by the Mexican Constitution as long as it is not used in an abusive manner on someone else’s property, nor does it generate excessive interest on the debtor’s part. Article 276 paragraph II of the...
A legislative initiative to provide electronic contracts with more evidential weight was submitted

A legislative initiative to provide electronic contracts with more evidential weight was submitted

by José Antonio Cervantes Acosta | Dec 26, 2022 | Compliance, Contratos, Corporativo

ENGLISH VERSION Globalization and technological progress have allowed the execution of agreements through means other than the traditional ones. The execution of agreements by electronic means is one of the main tools to effectively execute commercial agreements,...

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