Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | On August 28, 2026, the Semanario Judicial published 29 legal opinions: 5 court rulings and 24 isolated legal opinions.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation and the Collegiate Circuit Courts:
Abstracts
Digital registration number: 2032550 / Thesis: I.10o.C.22 C (12a.)
Individual Opinion of the Circuit Courts
The procedure for determining the jurisdiction of the court that will hear the probate case.
The rule establishes an order of priority that requires the judge to first verify whether there is certainty regarding the last known address; if not, the judge must determine whether the second criterion—regarding the location of real property—is met; and only in the absence of both may the place of death be considered, which constitutes a residual criterion.
Digital registration: 2032555 and 2032555 / Thesis: XXII.2o.A.C.8 C (12th) and XXII.2o.A.C.7 C (12th)
Individual Opinion of the Circuit Courts
The burden of proof regarding the information provided in the franchise agreement.
The franchisor must provide clear and accurate information about the company’s financial status, because it knows the business and has more information than the franchisee to make that decision. Therefore, if the franchisee claims that she did not receive the information or that it was false, it is up to the franchisor to prove that it was indeed provided and that it was accurate, since the franchisor has the means and knowledge to substantiate this—as the franchisor is the expert in “its business” and is the one who determines the business model to be marketed.
Digital registration: 2032557 and 2032558 / Theses: I.10o.C.20 C (12a.) and I.10o.C.21 C (12a.)
Individual Opinion of the Circuit Courts
In commercial enforcement proceedings, amounts arising from a negotiable instrument that were not claimed do not constitute a partial maturity.
This is because the award of costs must be determined by considering only the relief sought in the complaint, since these are the elements that allow for establishing the degree of success achieved in the trial. Therefore, reducing a form of relief that was actually sought—such as default interest—can result in a partial dismissal because it alters what was actually requested. Consequently, when a judge excludes a claim that was not made, the judge is neither reducing nor denying a claim, but simply defining the scope of the case. Therefore, the exclusion of unclaimed items does not constitute a partial dismissal nor can it, in and of itself, justify an award of costs.
Digital registration: 2032567 and 2032566 / Thesis: VIII.3o.P.A.4 A (12a.) and VIII.3o.P.A.3 A (12a.)
Individual Opinion of the Circuit Courts
Denying a minor a passport because of doubts about the identity of his or her mother violates the right to identity.
A passport is the document that verifies a person’s identity and nationality and allows them to exercise their right to leave the country and travel freely. Therefore, if the applicant meets the established requirements, the SRE cannot simply refuse to initiate the process because it has doubts or has detected inconsistencies in the documents. In such cases, the SRE must verify the information with other authorities or request additional documentation before deciding whether or not to issue the passport. Therefore, a doubt regarding the identity of the minor’s mother is not, in and of itself, a valid reason to prevent the application process from beginning, especially when the inconsistency is not the applicant’s fault.
Digital registration number: 2032565 / Thesis: (Region I) 1.1 K (12th)
Individual Opinion of the Circuit Courts
Judicial authorities must respect and guarantee the right of access to non-judicial justice by effectively implementing alternative dispute resolution mechanisms.
It is implausible that every judicial authority must facilitate the implementation of these mechanisms; if it considers itself to lack jurisdiction, it must state so in a well-founded and reasoned manner so as not to violate the right of access to justice, which may be exercised through non-judicial channels by means of alternative dispute resolution (ADR).
Digital registration number: 2032570 / Thesis: I.20o.A.71 A (12a.)
Individual Opinion of the Circuit Courts
The statute of limitations in civil cases cannot prevent the defense of indigenous communities' territory.
The actions taken by indigenous communities to defend their territories seek to protect collective human rights recognized by the Constitution and international treaties. Therefore, civil statutes of limitations cannot be used to prevent an indigenous community from going to court to seek protection of its territory, especially when the State’s acts or omissions are being challenged. Consequently, the passage of time cannot render a situation that violates an indigenous community’s territorial rights valid, nor can it prevent the courts from examining the merits of the case.
Digital registration number: 2032571 / Thesis: XXX.4o.5 A (12a.)
Individual Opinion of the Circuit Courts
The statute of limitations on the right to obtain a professional degree cannot be examined on the court’s own initiative in an amparo proceeding.
This is because the issue of the statute of limitations must be expressly raised as a claim or a defense within the corresponding judicial proceeding and resolved following a hearing in which the parties present their arguments, to give them the opportunity to present evidence and make arguments; the amparo proceeding is not the appropriate venue for making such a declaration.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
