Theses and Case Law/ Litigation / by Daniel Majewski del Castillo, Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | June 5, 2026, the Judicial Weekly published 29 new rulings: 20 case law decisions and 9 isolated rulings.
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: 2032217 / Thesis: P./J. 114/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The buyer’s right to choose to pay the outstanding installments, along with damages and costs, is not infringed upon when the buyer has paid more than 50% of the price of the goods and the seller seeks rescission.
Article 7.581 of the Civil Code of the State of Mexico does not violate the principle of equality set forth in Article 1 of the Political Constitution of the United Mexican States, since it imposes effective obligations on the buyer to remedy its breach, preserves the seller’s rights, and prevents undue advantages to the extent that the seller receives the agreed-upon consideration and appropriate compensation for the buyer’s delay.
Digital registration: 2032225 / Thesis: P./J. 122/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The victim’s financial situation should not be taken into account when quantifying the non-pecuniary consequences of moral damages.
When quantifying compensation for non-pecuniary damages, the victim’s financial situation should not be taken into account, because doing so would violate the principle of equality enshrined in Article 1 of the Political Constitution of the United Mexican States and would discriminate against individuals based on their social status, since the emotional distress suffered does not depend on their financial situation.
Digital registration: 2032239 and 2032240 / Thesis: P./J. 115/2026 (12th) and P./J. 116/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The renewal of trademark registrations within six months of their expiration does not violate the right to equality and legal certainty.
Article 237 of the Federal Law on the Protection of Industrial Property, by providing a six-month period following the expiration of a trademark registration to apply for its renewal and by recognizing enforceable rights during that period, does not violate the right to equality and legal certainty, because trademark registrants and applicants for new registrations are in different legal situations, and this provision seeks to preserve the continuity and stability of trademark rights previously acquired by the owners, in accordance with international standards.
Digital registration: 2032216 / Thesis: P./J. 113/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The motion for review must be decided by the collegiate court that has jurisdiction over the court that heard the indirect amparo proceeding.
The Collegiate Courts of Appeal that hear indirect amparo proceedings brought against acts of a single Collegiate Court of Appeal within their circuit—which are considered the closest to them—act in the exercise of ordinary territorial jurisdiction, and therefore, the appeal for review filed against the indirect amparo ruling must be heard by the Circuit Collegiate Court that exercises territorial jurisdiction over them.
Digital registration number: 2032235 / Thesis: I.10o.C.8 C (12th)
Individual Opinion of the Circuit Courts
The presumption of payment in a real estate lease is not upheld when the lease agreement specifies particular payment terms and the tenant unilaterally changes them.
When the lease agreement establishes specific terms for rent payment and the tenant unilaterally changes them without providing evidence of having made the payments, the legal presumption of payment provided for in Article 2428-E of the Civil Code for the Federal District, applicable to Mexico City, does not apply. Consequently, it is incumbent upon the tenant to prove payment of the rent for which compliance is in dispute.
Digital registration: 2032219 / Thesis: P./J. 36/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
The duration of mining concessions and their extensions, as well as the specific requirements for submitting the financial plan referred to in the law itself, do not violate the principle of non-retroactivity.
The amendment to the Mining Law did not affect an acquired right of the concessionaires, because the possibility of obtaining a concession extension did not constitute a right already incorporated into their assets, but merely a future expectation. Although the previous law allowed for the extension of the concession for up to 50 additional years, such an extension depended on the concessionaire requesting it and the authority approving it, so there was no guarantee of obtaining it. Consequently, the reduction in the term of extensions under the new legislation does not eliminate a previously established right, but rather modifies a possibility that had not yet materialized.
Prepared by Daniel Majewski del Castillo, Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
