Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | On October 23, 2026, the Semanario Judicial published 40 new rulings: 15 case law decisions and 25 isolated legal opinions.
We’ve selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Collegiate Circuit Courts, and the Regional Circuit Plenary Sessions:
Abstracts
Digital registration numbers: 2032808 and 2032822 / Theses: P./J. 210/2026 (12th) and P./J. 211/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Rental regulations in Mexico City comply with the constitutional principles of proportionality and reasonableness.
The regulation limiting rent increases to the previous year’s inflation rate is constitutional, as it meets the criteria of reasonableness and proportionality by protecting the right to adequate housing, promoting housing stability, and preventing residential displacement and gentrification, without eliminating contractual freedom. Likewise, the requirement to register lease agreements must be interpreted in such a way that only the data essential for tracking rental prices statistically and designing public housing policies is collected, excluding personal information and contractual clauses that are not necessary for that purpose, in order to guarantee the privacy and protection of the parties’ personal data.
Digital registration number: 2032819 / Thesis: P./J. 208/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The legal representative of the responsible authority may not challenge a fine that affects a public servant’s personal assets.
Under the Amparo Law, the legal authority to file an appeal against a fine imposed on a public servant rests exclusively with the person who was sanctioned, since the fine affects that person’s personal assets and not those of the institution. Therefore, the legal representative of the responsible authority must expressly state that he or she is acting on behalf of that individual; otherwise, it is understood that he or she represents the institution, which lacks standing to challenge a sanction of a personal nature. This requirement provides legal certainty and prevents the use of public resources to defend private interests.
Digital registration number: 2032817 / Thesis: PR.A.C.CN. J/9 K (12a.)
Case Law of Regional Circuit Courts
A complaint appeal against orders to enforce an amparo ruling that differ from the terms of the protective ruling is inadmissible.
When the responsible authority considers that the obligations imposed by the District Court differ from those ordered in the amparo ruling, it may request clarification of the scope of the ruling through a special motion provided for in the Amparo Law to specify the terms of compliance. Therefore, since there is a mechanism to correct any potential excesses in the order and the possibility of challenging the decision resolving the matter, the requirement that the decision be final—necessary for a complaint to proceed—is not met.
Digital registration number: 2032832 / Thesis: V.3o.C.T. J/1 C (12a.)
Case Law of the Circuit Courts of Appeals
Commercial proceedings commence when the victim directly claims payment under the civil liability insurance policy from the insurer.
In a civil liability dispute, commercial proceedings are appropriate when the victim directly claims against the insurer for performance of the coverage provided for in the insurance contract, without the need to sue the insured. Even if compensation is sought for economic, non-economic, or punitive damages, the proceeding retains its commercial nature if the dispute centers on determining what the insurer must pay under the policy—provided that neither the existence of the tortious act nor the determination of civil liability is the subject of a separate dispute.
Digital Record: 2032795 / Thesis: XV.6o.3 K (12a.)
Individual Opinion of the Circuit Courts
A provisional stay to allow for the continued importation of natural gas is improper when the possible unconstitutionality of the challenged regulations must be analyzed in the amparo ruling.
A provisional injunction to allow the continued importation of natural gas is not appropriate when the possible unconstitutionality of the authority’s action is not evident from a preliminary analysis, since the lack of a response to the request for renewal of the permit may be interpreted as a denial in accordance with the law. Therefore, determining whether the right to petition was violated requires a substantive analysis that falls within the scope of the amparo ruling.
Digital registration number: 2032796 / Thesis: I.16o.C.19 C (12a.)
Individual Opinion of the Circuit Courts
Commercial oral proceedings are appropriate for resolving disputes arising from the lease of premises in shopping centers when there is a commercial purpose.
Lease agreements for premises located in shopping malls are considered commercial in nature when their purpose is to generate profits through the operation of a business. Therefore, disputes related to these agreements, including their termination, must be resolved through commercial litigation.
Digital registration number: 2032799 / Thesis: III.1o.T.2 K (12a.)
Individual Opinion of the Circuit Courts
Grounds for appeal that raise new issues not raised in the original trial are inadmissible.
Grounds for appeal that raise issues not raised during the original trial must be declared inoperative, since the competent authority did not have the opportunity to analyze them or issue a ruling on them; therefore, considering them in a direct amparo proceeding would imply that the Collegiate Court would be substituting for that authority and resolving issues unrelated to the original dispute.
Digital registration number: 2032812 / Thesis: I.16o.C.18 C (12a.)
Individual Opinion of the Circuit Courts
Before a ruling on preliminary injunctions in an ordinary civil proceeding can be challenged, the ordinary remedies of appeal or revocation must be exhausted, depending on the amount in dispute.
In an ordinary civil proceeding, a ruling on preliminary injunctions may be challenged through an ordinary appeal or motion for revocation, depending on the amount in dispute, whether the court grants or denies the request. This is because the right to challenge also belongs to those who are harmed by the denial of the measures or by the guarantees required to enforce them; limiting this right solely to those who receive the measures would undermine procedural equality.
Digital registration number: 2032814 / Thesis: V.4o.P.A.1 K (12th)
Isolated Ruling by the Circuit Courts of Appeals.
Confessional evidence is admissible in amparo proceedings when it consists of spontaneous statements by the parties.
In an amparo proceeding, the parties may submit a confession as evidence in accordance with the statements contained in their briefs or reports, provided that such statements were not elicited by questions from the other party. The law prohibits compelling parties to answer questions in order to obtain a confession, but allows for the admission of anything they have acknowledged on their own initiative. Therefore, the evidence may be admitted—even if it is not expressly stated that it is a spontaneous confession—if the content and context indicate that it is of that nature.
Digital registration number: 2032824 / Thesis: VII.1o.C.3 K (12a.)
Individual Opinion of the Circuit Courts
An interlocutory appeal may be filed against the ruling on the motion to stay that is favorable to the party joining the appeal.
In an indirect amparo proceeding, a party that obtains a favorable ruling in the motion for a stay may join the appeal for review filed by its opposing party, even when the contested ruling is in its favor. This allows the party to defend the grounds supporting the favorable decision and to challenge those aspects of the ruling that may harm its interests, thereby strengthening its position during the review.
Digital registration number: 2032826 / Thesis: III.4o.C.1 C (12a.)
Isolated Ruling by the Circuit Courts of Appeals.
An airline passenger is entitled to a refund of the ticket if he or she does not agree to an extension of its validity due to the cancellation of the flight caused by unforeseeable circumstances or force majeure.
When a flight is canceled due to unforeseeable circumstances or force majeure, the passenger may choose between extending the validity of their ticket or receiving a refund of the amount paid. This is because consumer protection laws require that passengers not be made to bear the consequences of a situation beyond their control or be forced to travel on a different date or route in order to avoid losing their money. This right also applies to scheduled flights, even though the regulatory provision specifically mentions charter services.
Digital registration number: 2032830 / Thesis: I.5o.A.17 A (12a.)
Individual Opinion of the Circuit Courts
A suspension with positive effects is warranted to protect victims of human rights violations from harm that is difficult to remedy.
A stay of proceedings in an amparo case is a procedural tool designed to ensure the substantive effectiveness of constitutional protection. In this regard, when a potential violation of human rights is identified, the court may grant a stay with positive effects by adopting precautionary measures of a positive or anticipatory nature, from the perspective of enhanced protection of human rights, provided that a prima facie case is established and that such measures are necessary to prevent a delay in their granting from prolonging the consequences of the victimizing act, rendering the requested constitutional protection illusory, or causing harm that is difficult to remedy.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
