Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | On October 2, 2026, the Semanario Judicial published 39 new rulings: 13 case law decisions and 26 isolated legal opinions.
We’ve selected the most relevant ones for you, which were issued by the Collegiate Circuit Courts and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration number: 2032699 / Thesis: P./J. 194/2026 (12th)
Case Law of Regional Circuit Courts
Compensation for civil liability arising from a person's death must be calculated based on the Measurement and Adjustment Unit (UMA).
This is because the Unit of Measurement and Update (UMA) replaced the minimum wage as the reference unit for items unrelated to wages; therefore, death benefits must be calculated based on the UMA, as they constitute a form of compensatory relief rather than an employment-related benefit; this ensures that their real value is preserved through annual adjustment and prevents the economic distortions that would result from linking them to the minimum wage.
Digital Registration: 2032716 / Thesis: P./J. 195/2026 (12th)
Case Law of Regional Circuit Courts.
An appeal may be filed against a ruling that dismisses a motion for a stay as without merit.
The ruling declaring the motion for a stay to be without merit is not subject to an appeal for review, because it does not constitute a decision on whether to grant or deny the stay. However, it may be challenged through a complaint in accordance with the provisions of the Amparo Law, as it is a ruling issued during the proceedings that could cause irreparable harm in the final judgment.
Digital registration number: 2032719 / Thesis: XVIII.3o.P.A. J/1 K (12a.)
Case Law of the Circuit Courts of Appeals
When cases are separated, the separate cases are assigned at random.
The separation of cases in indirect amparo proceedings is warranted when the contested acts lack a sufficient legal connection to be resolved jointly. Once the separation is ordered, the resulting complaints must be sent to the Joint Correspondence Office for distribution by random assignment; the court that ordered the separation may not retain them or directly designate the body that will hear them.
Digital record: 2032723 / Thesis: I.15o.C. J/1 C (12a.)
Case Law of the Circuit Courts of Appeals
Lending institutions must provide compensation for any damages that may result from the suspension of the direct injunction.
Although credit institutions have a proven track record of solvency and are exempt from posting deposits or bonds, they must provide a guarantee to obtain a stay of execution of a judgment in a direct amparo proceeding, in civil or commercial matters. This is because the Amparo Law requires such a guarantee to cover any damages that may be caused to the interested third party, and its provisions take precedence in matters relating to amparo proceedings.
Digital registration number: 2032688 / Thesis: I.5o.C.224 C (11a.)
Individual Opinion of the Circuit Courts
Article 2448-D of the Civil Code of Mexico City allows the parties to freely agree on the terms of the lease agreement.
This is because the cap on rent increases in lease agreements is constitutional, as it seeks to protect the right to adequate housing and prevent disproportionate increases that could affect tenants. This measure does not eliminate contractual freedom, since the parties may agree on the rent amount and its increase, but the latter cannot exceed the rate of inflation. The restriction is considered justified because it protects access to housing and also seeks to prevent gentrification and the displacement of tenants.
Digital registration number: 2032696 / Thesis: XXX.4o.6 K (12a.)
Individual Opinion of the Circuit Courts
When a judge recuses himself from a trial due to a personal interest, another judge must rule on the provisional suspension of the amparo.
When a district judge recuses himself or herself due to a personal interest in the matter, he or she must not rule on the provisional suspension, unless it is a case in which the suspension must be granted ex officio. The judge must immediately refer the case file to another judge in the same circuit and, where applicable, with the same area of specialization, so that the latter may rule on the suspension. This is intended to prevent the request for a preliminary injunction from going unanswered and to ensure effective judicial protection.
Digital registration number: 2032698 / Thesis: I.5o.C.14 K (11a.)
Individual Opinion of the Circuit Courts
A motion regarding excessive or insufficient compliance with a suspension is inadmissible when the suspension has already been revoked.
When a Collegiate Court revokes the provisional suspension and denies that measure, the effects of that decision are retroactive to the time when it was initially granted. Therefore, a motion alleging excess or deficiency in compliance with the suspension is not admissible, since the responsible authority was empowered to carry out the contested act and, consequently, there is no longer any basis on which to analyze an alleged breach of a suspension that has been revoked.
Digital registration number: 2032703 / Thesis: I.5o.C.3 C (12a.)
Individual Opinion of the Circuit Courts
A civil trial by oral proceedings may be converted to ordinary proceedings only in cases involving personal rights.
The transfer of a civil oral trial to the ordinary court system is permissible only in cases involving personal rights through a counterclaim, when the amount claimed exceeds the legal threshold for the judgment to be appealable.
Digital registration number: 2032718 / Thesis: XVI.2o.C.1 K (12a.)
Individual Opinion of the Circuit Courts
A direct amparo ruling served by public notice is considered final upon service; therefore, filing a motion for review does not reinstate the stay.
A judgment rendered in a direct amparo proceeding, as a general rule, becomes enforceable upon issuance, and thus the suspension of the challenged act ceases to have effect. When the Collegiate Court determines that the judgment does not involve a constitutional issue per se, it orders that it be served by publication, which indicates that it considers the judgment final and immediately enforceable. In such a case, the mere filing of an appeal for review does not prevent the ruling from remaining final nor does it reinstate the suspension. This could only change if the Collegiate Court itself determines that personal service should have been provided because the ruling involves a constitutional issue, or if the Supreme Court grants the appeal for review.
Digital registration number: 2032725 7 Thesis: XXII.2o.A.C.9 C (12a.)
Individual Opinion of the Circuit Courts
A provisional stay of the order granting enforcement issued in a commercial enforcement proceeding is not admissible.
A provisional stay of the order granting enforcement in a commercial enforcement proceeding is not appropriate, because it would prevent the attachment from being carried out and, thereby, interrupt the continuation of the proceeding and the service of process on the defendant. This would undermine the purpose of the commercial enforcement process and affect public order and the public interest, since a stay should not be used to unjustifiably halt the progress of a proceeding.
Digital registration number: 2032726 / Thesis: III.7o.A.2 K (12a.)
Individual Opinion of the Circuit Courts
Statements made under oath in the amparo petition are not sufficient to prove the existence of the act in question.
Statements made under oath in the petition for amparo may be taken into account when analyzing the provisional suspension, but they are not sufficient on their own to establish the existence of the contested act. There must be other objective elements that confirm its existence, its imminence, or, at the very least, give rise to a reasonable presumption that such an act exists.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
