Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, andRaúl Alonso Flores Hernández.
On #ThesisFriday | On June 19, 2026, the Semanario Judicial published 30 new rulings: 17 case law decisions and 13 isolated rulings.
We’ve selected the most relevant ones for you, which were issued by the Collegiate Circuit Courts and the Regional Circuit Plenary Sessions:
uito:
Abstracts
Digital registration number: 2032290 / Thesis: P./J. 137/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The right of association is not infringed upon by the opposition of any creditor of the merging companies, since any suspension ordered for this purpose is provisional in nature.
Any opposition to the merger raised by a creditor of the merging companies is intended to delay its implementation until payment of the debts owed by the participating companies is guaranteed; therefore, the suspension measures ordered for this purpose are not absolute, as their purpose is to defer the creditors’ rights of association.
Digital registration number: 2032296 / Thesis: P./J. 137/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The regulatory framework governing the amendment of birth certificates to reflect individuals’ gender identity is unconstitutional (Legislation applicable to the State of Aguascalientes).
The applicable legislation for the state of Aguascalientes is unconstitutional, since it requires that, in cases involving the amendment of birth certificates to reflect a change in gender identity, the process be carried out through the courts and include a marginal note revealing the applicant’s previous gender identity, which results in excessive public disclosure of the amendment and infringes upon individuals’ rights to privacy, equality, the free development of personality, and gender identity.
Digital Registration: 2032298 / Thesis: P./J. 135/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The lack of a clear definition of the concepts of “error,” “inadvertent mistake,” and “difference of opinion” as grounds for invalidating a trademark registration does not violate the right to legal certainty.
The regulations governing the grounds for invalidating a trademark registration under industrial property law do not violate the right to legal certainty, since, although the terms “error,” “inadvertent oversight,” or “difference of opinion” are not defined, the fact remains that the authority’s actions are limited in such a way that it cannot act arbitrarily or capriciously; rather, it must follow a trial-like procedure that guarantees the right of the interested party to be heard, and that party will receive a well-founded and reasoned decision regarding the annulment of the trademark registration.
Digital registration number: 2032307 / Thesis: PR.A.C.CN. J/50 A (12a.)
Case Law of Regional Circuit Courts
The suspension sought under the amparo proceeding should be granted so that a badge and/or temporary permit bearing the logo corresponding to the complainant’s type of disability may be issued (Legislation applicable to the State of Nuevo León).
For the duration of an amparo proceeding, a suspension should be granted to allow the complainant to be provided with the corresponding emblem and/or logo, in order to fulfill the duty of care owed to any person with a disability and to ensure more inclusive and non-stereotypical representation.
Digital registration number: 2032293 / Thesis: III.7o.A.1 K (12a.)
Individual Opinion of the Circuit Courts
The best interests of the child and the pro persona principle do not imply the recognition of rights or claims that lack a legal basis (Legislation applicable to the State of Jalisco).
In cases where the rights or claims of minors are to be recognized, the application of the principles of the best interests of the child and the greatest benefit to the individual (pro persona) does not imply complying with individual wishes or claims in order to uphold those principles; rather, a prior legal basis must be established, and it will not be possible to remedy the deficiency in the complaint if there is no basis for doing so.
Digital registration number: 2032297 / Thesis: XXX.4o.3 A (12a.)
Individual Opinion of the Circuit Courts
The publication of a trademark registration application in the Industrial Property Gazette does not violate third parties' right to a hearing or due process.
The failure to individually notify interested third parties of a trademark registration application does not leave them without a means of defense, since the law provides for subsequent review mechanisms, in particular the procedure for invalidating registrations applicable to industrial property.
Digital registration number: 2032281 / Thesis: IX.2o.C.A.1 C (12a.)
Individual Opinion of the Circuit Courts
The late filing of an indirect amparo action against the attachment order does not constitute an exception allowing it to be filed within the applicable statutory deadline, regardless of whether the acts in question are irreparable.
A seizure order and its enforcement are not considered exceptions to the requirement to file an amparo petition within the time limit established by law for that purpose, even though these are acts that cannot be remedied, since both the rules of admissibility and the timeliness of the petition’s filing, as provided for in our Constitution, must be taken into account.
Digital registration number: 2032301 / Thesis: I.20o.A.45 A (12a.)
Individual Opinion of the Circuit Courts
In cases of human rights violations, comprehensive redress for the harm caused—as a result of the State’s financial liability—includes rehabilitation to facilitate recovery, in addition to financial compensation.
Comprehensive reparations for victims for the harm suffered to their rights as a result of human rights violations and the damages caused to them as a result of the State’s financial liability must include rehabilitation so that the reparations may be considered full, differentiated, transformative, comprehensive, and effective, in order to facilitate their recovery.
Digital registration: 2032303, 2032300, and 2032304 / Theses: I.20o.A.47 A (12a.), 20o.A.48 A (12a.), and I.20o.A.46 A (12a.)
Individual Opinion of the Circuit Courts
Compensation for damages resulting from the State’s financial liability must be comprehensive, taking care not to revictimize victims and enabling both direct and indirect victims to rebuild their lives.
To order compensation for damages resulting from medical malpractice, the facts must be analyzed comprehensively to determine the harm caused by such negligence and the effects it will have on the victims, in order to establish truly satisfactory compensation that will allow them to rebuild their lives. In this regard, in accordance with international standards, rehabilitation includes the medical, psychological, and psychiatric services necessary to restore individuals’ life plans. Therefore, the time required for psychosocial therapeutic care is part of the right to comprehensive compensation for damages, taking into account the current impact and its effects, so that the compensation awarded allows them to rebuild their lives.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, andRaúl Alonso Flores Hernández.
