Introduction
A promissory note is an executory instrument regulated by the General Negotiable Instruments and Credit Transactions, which establishes the mandatory requirements that said document must contain: I.- The mention of being a promissory note, inserted in the text of the document; II.- The unconditional promise to pay a certain sum of money; III.- The name of the person to whom the payment is to be made; IV.- The time and place of payment; V.- The date and place where the document is signed; and VI.- The signature of the debtor or the person who signs in his name or at his request.
Facts
In the specific case, in a summary commercial action (the “Trial”) a person demanded the payment of a promissory note, however, the instrument had two characteristics: i) it was linked to the clause of a contract for the provision of professional services that the plaintiff entered into with the defendant; and, (ii) although it contained an unconditional promise to pay the amount indicated, the text also stated that the enforceability of the title would be subject to the revocation of the plaintiff and creditor of the promissory note, in a different proceeding.
During the Trial, in first stage, the rights of the plaintiff were left unaffected, under the argument that he did not prove the facts of his claim; and the judgment of the appellate court modified judicial costs only.
Court decision
In amparo Trial judgment, the fifth Collegiate Court in Civil Matters of the first circuit determined that the requirement of unconditional promise to pay a certain sum of money is not met, when the text of the promissory note shows that it is subject to a condition.
The above judgment was issued on the grounds that if a condition is allowed to be inserted, there would be a contradiction. The foregoing because on the one hand the law forbids to insert a condition in the promissory note, and on the other hand, the promissory note is subject to a matter beyond its main requirements; in such a way that the requirement of unconditional promise is not met, therefore the document loses its executive nature of been ready for enforcement.[1]
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