Theses and Case Law/ Litigation / by , Daniel Majewski del Castillo, and Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, José Alejandro Krause Marún and Carla Itzel Rincón Guerrero.
On #ThesisFriday | On October 3, 2025, the Judicial Weekly published 12 new rulings: 3 case law decisions and 9 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Collegiate Courts and Regional Plenary Sessions:
Abstracts
Digital registration number: 2031307 / Thesis: I.1o.C.2 C (11a.)
Individual Decision of a Circuit Court of Appeals
The statute of limitations also applies to proceedings for the recognition and enforcement of arbitral awards.
The Commercial Code does not expressly provide for the expiration of proceedings in cases seeking the recognition and enforcement of arbitral awards, but since it does not prohibit it, the courts consider that it should be applied by analogy with the general rules governing commercial litigation. This prevents proceedings from remaining open indefinitely, as it is up to the parties to move the proceedings forward. This ensures legal certainty and prompt and expeditious justice, and maintains consistency with other procedural concepts such as preclusion, which also sets deadlines and imposes sanctions in the event of inactivity.
Digital registration: 2031306 / Thesis: (5th Region) 4.3 C (11th)
Individual Decision of a Circuit Court of Appeals
The statute of limitations does not run if a petition for judicial protection is filed in a proceeding to invalidate a seizure.
Article 1076 of the Commercial Code provides for exceptions to the statute of limitations in commercial matters, such as when it is necessary to await the resolution of a preliminary issue, whether by the judge or by other authorities. This occurs, for example, if an indirect amparo is filed against an act of particular significance within the proceedings, such as the admission or presentation of evidence. In such cases, and regardless of the outcome of the appeal, the statute of limitations does not apply, since the continuation of the proceedings necessarily depends on that prior resolution.
Digital registration number: 2031316 / Thesis: PR.A.C.CN. J/76 A (11th)
Case Law of Regional Circuit Courts
A provisional suspension with restorative effect is hereby ordered, allowing complaints and other legal documents to be filed in person at the Clerk’s Office of the Superior Court of Justice of Mexico City, without the requirement of a prior appointment.
If the suspension were granted with the aforementioned effect but protection on the merits of the case were denied, given its temporary nature, it would be feasible for the petitioner to refile any claim or action under the contested scheme, which highlights that the effect of the suspension could be reversed without hindrance.
Digital registration: 2031309 / Thesis: (Region V) 4.5 A (11th)
Individual Decision of a Circuit Court of Appeals
An action for annulment should not be dismissed when the contested acts and the defendant authorities are of an administrative nature, regardless of whether the underlying acts are of a civil nature.
The Administrative Court must not dismiss the complaint when the contested acts and the defendant authorities are of an administrative nature, even if the origin of the contested act relates to civil matters, since this does not constitute a clear and indisputable ground for dismissal and, therefore, the complaint should not be dismissed.
Digital registration number: 2031311 / Thesis: XV.1o.8 A (11a.)
Individual Decision of a Circuit Court of Appeals
Judges must ensure that technical protocols are properly applied in cases involving claims of failure to provide medical care for rare diseases.
When claims are filed regarding the failure to provide medical care for rare diseases that result in catastrophic expenses, judges must ensure the proper application of the Technical Protocols issued for such diseases, provided that the disease is recognized by the Mexican Health Council or by international organizations.
Digital registration number: 2031310 / Thesis: XV.1o.7 A (11a.)
Individual Decision of a Circuit Court of Appeals
Public health care providers have a duty to manage the allocation of funds for the treatment of rare diseases that result in catastrophic expenses.
Public health institutions have a duty to manage, in a responsible and timely manner, the funds allocated for the treatment of rare diseases that result in catastrophic expenses, in order to guarantee the human right to health for those who suffer from them.
Publication prepared by ,Daniel Majewski del Castillo, and Zusel Soto Vilchis, José Alejandro Krause Marún, Karla Mishelli Tapia Santos, José Alejandro Krause Marún and Carla Itzel Rincón Guerrero.
