Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
On this #ThesisFriday | September 11, 2026, the Semanario Judicial published 23 rulings: 10 case law decisions and 13 isolated legal opinions.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Regional Circuit Plenary Sessions, and the Collegiate Circuit Courts:
Digital registration number: 2032627
Thesis: P./J. 181/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Non-contentious proceedings are the appropriate means for verifying the facts of a surrogacy arrangement, determining parentage, and establishing conclusive evidence for the issuance of a birth certificate.
When a surrogacy agreement exists, in noncontentious proceedings, the noncontentious judicial authority must focus on verifying:(i)the legal facts of the agreement and its implementation; (ii)the comprehensive care provided to the person acting as a surrogate mother;(iii) theprevention of gender-based and reproductive violence; and(iv)the request for the intervention of the Public Prosecutor’s Office and the relevant Attorney General’s Office to protect the rights and interests of the children and surrogate mothers involved.This is to ensure that the decision issued for this purpose and the facts established therein may be used as full evidence to determine the parentage of the intended parents and to request that the Civil Registry issue the corresponding birth certificate.
Digital Registration Number: 2032621
Thesis: I.10o.C.23 C (12a.)
Isolated Ruling by Collegiate Circuit Courts
Clauses in standard-form contracts that refer to PROFECO do not constitute a mandatory requirement nor do they preclude judicial jurisdiction in the absence of an express arbitration agreement.
Under the Federal Consumer Protection Law, PROFECO acts as a conciliatory authority that promotes mutually agreed-upon solutions without issuing binding decisions on the merits, and therefore its intervention does not replace the judicial function; consequently, this conciliation procedure does not preclude the right to bring a case before the courts, unlike arbitration, which requires an express, clear, and unequivocal statement to supersede judicial jurisdiction. Consequently, a mere reference to PROFECO in a standard-form contract cannot be interpreted as mandatory arbitration or as a waiver of the right to access the courts, but must be understood as the coexistence of dispute resolution mechanisms.
Digital registration number: 2032623
Thesis: I.5o.A.10 A (12a.)
Isolated Ruling by Collegiate Circuit Courts
The supply of electricity is an essential prerequisite for the exercise of human rights; therefore, actions related to it must be subject to a heightened standard of protection.
Although electricity is not formally recognized as an autonomous fundamental right, it constitutes a basic and indispensable resource for exercising rights such as the right to life, health, a minimum standard of living, and family development. For this reason, inspections of installations, billing adjustments, and service suspensions are subject to constitutional scrutiny and must strictly comply with the due process requirements established in Articles 14 and 16 of the Constitution, which require a well-founded and reasoned order, proper notification, and an opportunity for the user to contest them.
Digital registration number: 2032624
Thesis: I.5o.A.10 A (12a.)
Isolated Ruling by Collegiate Circuit Courts
The authority to take further action in commercial oral proceedings arises from the order ruling on the answer to the complaint.
Although the Commercial Code does not expressly provide for the discretion to take appropriate measures in commercial oral proceedings, Articles 14 and 17 of the Constitution require that such discretion be exercised when a vulnerable individual sues for the enforcement of a life insurance policy and the insurer has specified the missing documentation in its answer. In such cases, the judge must require the plaintiff to submit only the missing documents that are within her control in order to assess the reasonableness of the contractual obligation.
Digital registration numbers: 2032628and 2032629
Thesis: (Region II) 1o.2 K (12a.) and (Region II) 1o.1 K (12a.)
Isolated Ruling by Collegiate Circuit Courts
In amparo proceedings, when the petitioners identify themselves as indigenous persons, effective access to justice must be guaranteed through the assistance of interpreters and legal counsel who are fluent in their language.
Pursuant to Article 2 of the Political Constitution of the United Mexican States and the Protocol for Adjudication with an Intercultural Perspective, in any trial involving indigenous persons (even if they are fluent in Spanish), their rights must be recognized through self-identification, guaranteeing them enhanced protection that includes specialized defense counsel and a qualified interpreter, as well as evidence such as anthropological expert testimony when ancestral practices are being analyzed; therefore, the mere presence of legal counsel does not remedy the lack of an interpreter, and its omission constitutes a procedural violation that warrants a retrial.
Digital registration number: 2032632
Thesis: I.8o.C.1 C (12a.)
Isolated Ruling by Collegiate Circuit Courts
Noncontractual civil liability is governed by the law of the place where the events occurred.
In accordance with the principle of territoriality and the internal sovereignty of states in civil matters, civil liability for unlawful acts or acts of an objective nature is governed by the substantive law of the state where the event occurred, because courts hearing the case in a different jurisdiction must apply that local law to the merits of the case, without confusing the procedural rules of the court with the provisions of civil law applicable to the case.
Digital registration number: 2032633
Thesis: (Region II) 1.3 K (12th grade)
Isolated Ruling by Collegiate Circuit Courts
The remedy for a defective complaint provided for in the LAct on Ais admissible when the petitioner is at a clear social disadvantage that hinders her ability to effectively present her case in court.
The remedy for a deficient complaint is granted in favor of those who face a clear social disadvantage due to poverty or marginalization—a situation that arises when a single mother and homemaker sues a bank and insurance company for payment of a life insurance policy to secure her livelihood following the death of her son, given the existence of a real structural asymmetry with respect to the company’s technical, professional, and documentary capabilities, this creates a functional vulnerability that fully justifies such procedural protection.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
