Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | On September 4, 2026, the Semanario Judicial published 35 new rulings: 8 case law decisions and 27 isolated rulings.
We’ve 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: 2032601 / Thesis: P./J. 179/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
In ordinary commercial proceedings, an appeal may be filed against a judgment declaring the arbitration agreement null and void.
When a motion for annulment is filed through ordinary commercial proceedings pursuant to Article 1424, the ruling is issued under ordinary jurisdiction and is subject to the general rules governing appeals in such proceedings; consequently, the right of appeal must be exhausted before seeking relief through an amparo proceeding, in accordance with the principle of finality.
Digital Registration: 2032608 / Thesis: P./J. 178/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
In the adoption process, during the pre-adoption foster care stage, it is appropriate to grant a stay of proceedings in order to order the issuance of a provisional certificate for a minor.
This is because the right to identity of minors requires enhanced and urgent protection that cannot be contingent upon a final judgment. Therefore, in amparo proceedings concerning adoptions during the pre-adoption foster care stage, the failure to designate the Civil Registry as the responsible authority should not prevent the granting of a stay to issue a provisional birth certificate, because requiring such a formality prioritizes procedural requirements over the best interests of the child and undermines the protective function of the interim measure.
Digital Registration: 2032586 / Thesis: P./J. 175/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Local provisions regarding the guardianship proceedings are repealed as of the effective date of the National Code of Civil and Family Procedure.
Upon its entry into force, the National Code of Civil and Family Procedure repealed the interdiction procedures that restrict the legal capacity of adults. This repeal takes effect immediately and is not subject to the Code’s phased implementation in the states. To argue otherwise, on the grounds that local codes remain in force, would perpetuate a legal concept incompatible with the social model of disability and with the legislature’s intent to eliminate regimes of substitution of will.
Digital registration: 2032590 and 2032591 / Thesis: I.20o.A.69 A (12a.) and I.20o.A.68 A (12a.)
Individual Opinion of the Circuit Courts
In trademark law, the principle of specialty must be applied in accordance with the technological context existing at the time the registration is granted.
The principle of specialty should not be applied rigidly in the face of technological evolution, since new categories—such as “downloadable software”—are not automatically considered to be included in past generic designations, nor can the similarity of products be determined based on isolated use or mere technical compatibility. The analysis must take into account the technological context of the registration and the current market landscape, avoiding undue extensions of the exclusive right.
Digital registration number: 2032602 / Thesis: IV.2o.A.5 K (12a.)
Individual Opinion of the Circuit Courts
The appeal challenging the failure of the Presiding Judge of the Circuit Court to file a brief or take other procedural action is admissible.
The appeal provided for in the Amparo Law is admissible not only against affirmative procedural decisions issued by the Presiding Judge of a Collegiate Circuit Court, but also against the court’s failure to rule on a petition or brief. Limiting this remedy would violate the right to effective judicial protection, due process, and access to prompt justice (Article 17 of the Constitution).
Digital registration number: 2032604 / Thesis: I.5o.A.7 A (12a.)
Individual Opinion of the Circuit Courts
The lack of evidence to quantify or specify the non-pecuniary damages resulting from his unlawful conduct does not justify denying recognition of such damages with respect to the State’s financial liability.
The analysis of non-pecuniary damages involves two distinct stages: (i) determining whether such damages exist, which is established through presumptions or evidence and must not be denied due to a lack of evidence regarding the amount; and (ii) quantifying the damages in monetary terms. Therefore, if the court finds that there is insufficient evidence to determine the amount of compensation, the judge must uphold the award and defer its calculation to the proceedings for the determination of the specific amount.
Digital registration: 2032606 and 2032607 / Thesis: I.20o.A.65 A (12a.) and I.20o.A.64 A (12a.)
Individual Opinion of the Circuit Courts
A permanent stay of proceedings in an indirect amparo case related to the freezing of bank accounts by the Financial Intelligence Unit (UIF) is not permissible when the authorities’ reports indicate evidence of transactions related to possible fraud.
When ruling on the suspension in an amparo proceeding, the judge must balance the prima facie validity of the claim against public policy. If the evidence indicates that the funds stem from irregular financial transactions or illicit sources linked to a popular financial company (SOFIPO) that has been placed under receivership, granting the injunction to release the funds would jeopardize the financial system and the interests of savers; therefore, the injunction must be denied, as it would constitute a threat to public order.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa,Raúl Alonso Flores Hernández, and Frida Isabel Velázquez Vargas.
