Theses and Case Law/ Litigation / by Daniel Majewski del Castillo,Karla Mishelli Tapia Santos, and José Alejandro Krause Marún.
In this #ThesisFriday | June 6, 2025, the Judicial Weekly published 52 new rulings: 31 case law decisions and 21 isolated rulings.
We have selected the most relevant ones for you, which were issued by the Supreme Court of Justice of the Nation, the Regional Circuit Plenary Sessions, and the Collegiate Circuit Courts:
Abstracts
Digital registration number: 2030464 / Thesis: XXII.2o.A.C.1 K (11th)
Individual Opinion of the Circuit Courts
The interpretation and reasoning established by the Supreme Court of Justice of the Nation to define the types of regulations and the appropriate time to challenge them as part of the legal system through amparo proceedings must always be applied in the best interests of the people.
The petitioner may file a single constitutional appeal against general regulations in order to challenge, as a whole, all provisions that could affect him or her, even in the absence of a specific official act that causes harm. This is intended to facilitate access to justice, thereby allowing for a broad and timely challenge to regulations and official acts that could infringe upon his or her human rights.
Digital registration number: 2030465 / Thesis: II.2o.A.58 A (11a.)
Individual Opinion of the Circuit Courts
As a general rule, an indirect constitutional appeal may be filed against intra-legislative acts or omissions that constitute a clear delay, even if they have not resulted in the enactment of a legal provision (Mexico City Legislation).
An indirect writ of amparo may be filed against acts or omissions arising within the legislative process of the State of Mexico that constitute a clear delay, provided that an exception to the principle of finality applies, given that such acts or omissions are likely to cause irreparable harm.
Digital record: 2030476 / Thesis: I.15o.C.10 K (11a.)
Individual Opinion of the Circuit Courts
The summons or the document recording any stage of the summons proceedings must meet a basic requirement: the handwriting must be legible enough to make the content understandable.
In order to ensure that the person to be summoned to court is not left in a serious state of vulnerability—given that the summons is the most important formal act in the proceedings—the summons or notice served must be legible and understandable so as not to create legal uncertainty for the recipient.
Digital registration number: 2030486 / Thesis: I.11o.C.39 C (11a.)
Individual Opinion of the Circuit Courts
If, in an indirect amparo proceeding, a request is made to lift the attachment of bank accounts and a permanent stay is granted so that only the excess amount for which the attachment was ordered is released, this does not result in damages to the third party.
In the amparo proceeding, if a stay has been granted ordering the release of the excess amounts for which the bank accounts were frozen, such release is not considered to cause harm or damage to the third party, since the alleged damage must be proven and quantified through the respective motion, given that the complete release of the frozen funds was not ordered.
Digital registration number: 2030487 / Thesis: XXII.3o.A.C.17 C (11a.)
Individual Opinion of the Circuit Courts
The time limit granted for providing proof of publication of the notices must be suspended when the petitioner requests that the third party be personally served at a new address (which she was previously unable to obtain), until she has reliable knowledge of the decision regarding her request.
If, in the amparo proceeding, a summons by public notice has been ordered against the third party because their address is unknown, the deadline for providing proof of publication may be suspended if the petitioner states that they are aware of a new address at which the third party can be summoned to appear in the amparo proceeding.
Digital registration number: 2030494 / Thesis: I.11o.C.89 K (11a.)
Individual Opinion of the Circuit Courts
The process of dissolving the marital partnership concludes with a ruling that allocates the assets comprising the partnership or the proceeds thereof to each party (Applicable law for Mexico City).
In accordance with the Civil Code of Mexico City, the proceeding through which the assets comprising the marital community are divided is deemed to be concluded only when the judge presiding over the main case awards such assets or their proceeds to the interested parties.
Digital registration number: 2030500 / Thesis: I.11o.C.41 C (11a.)
Individual Opinion of the Circuit Courts
If the action based on acquisitive prescription is founded on a title that has been declared null and void by a court, that title cannot be used to establish the cause of the possession of the real property (Legislation applicable to Mexico City).
If the act giving rise to the transfer of ownership of a property is declared null and void for reasons attributable to the buyer, the statute of limitations cannot apply in the buyer’s favor, since, in the absence of the act transferring ownership that gives rise to possession, the buyer’s good faith in possession—through which the buyer has the right to hold said property—cannot be presumed.
Digital registration number: 2030512 / Thesis: XXII.3o.A.C.16 C (11a.)
Individual Opinion of the Circuit Courts
In mortgage loan agreements that require the purchase of life insurance with the mortgagee named as the beneficiary, the insurer must be sued for payment of the insurance proceeds before foreclosure proceedings are initiated, in accordance with Article 66 of the Insurance Contract Act.
In these cases, the primary purpose of the life insurance policy is to ensure payment of the outstanding balance of the mortgage loan in the event of the borrower’s death. By paying the insurance premiums, the borrower fulfills their obligation to guarantee repayment of the debt, even in the event of their death, thereby transferring the risk to the lender. This means that upon the debtor’s death, the responsibility to pay the outstanding balance of the loan falls on the insurer, releasing the debtor and their heirs from this obligation. Therefore, if the mortgage creditor and the beneficiary are the same person, before initiating foreclosure proceedings against the debtor’s estate, they must claim payment of the insurance through the appropriate channels.
Digital record: 2030513 / Thesis: II.2o.P.68 P (11th ed.)
Individual Opinion of the Circuit Courts
A provisional stay with restorative effect shall be granted pursuant to Articles 128 and 147 of the Amparo Law when it is alleged that the hearing to review the requested interim measures was scheduled for a date that is excessively far in the future.
In criminal matters, if the supervising judge sets a hearing date for the review of requested precautionary measures that is far in the future, the petitioner is entitled to a provisional stay in the indirect amparo proceeding so that a sooner date may be set; failure to do so would violate the principles of legality and due process enshrined in the Constitution.
Digital registration number: 2030463 / Thesis: PR.P.T.CS.5 K (11th ed.)
Isolated Thesis: Regional Circuit Plenary Sessions
Only an opinion submitted by a party unrelated to the case may be considered an “amicus curiae”; since such a party has no connection to the litigation, the court is under no obligation to respond or to expressly take it into account when rendering its decision.
The term “amicus curiae” refers to individuals who are not parties to the main proceedings but whose opinion is important from the perspective of the party bringing the action. In this regard, and given that these individuals have no interest in the main dispute, the judge is under no obligation to rule on the matter or to consider such an opinion binding.
Digital registration: 2030474 / Thesis: 1st/J. 76/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Notices of shareholder meetings may be issued jointly or separately, as provided in the company's articles of incorporation.
Article 191 of the General Law on Commercial Companies allows for two valid interpretations regarding the publication of notices of meetings: one that permits including the first and second notices in a single announcement (a common practice in some companies) and another that requires separate publications (arguing that the second notice must be issued after the first). The Supreme Court endorses both positions, leaving companies free to define in their bylaws whether they publish the notices together or separately, thereby prioritizing their autonomy and avoiding unnecessary restrictions.
Digital registration: 2030477 / Thesis: 1st / J. 93/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Foreign companies that provide services in Mexico through websites cannot require Mexican users to resolve disputes in the courts of another country.
Although Mexico City’s Code of Civil Procedure allows for the modification of jurisdiction by agreement between the parties to facilitate their defense, clauses in digital adhesion contracts that require Mexican users to submit exclusively to foreign courts violate their right to access to justice and the principle of equality, as they impose unfair burdens (such as costs and travel) on them to resolve disputes arising from services provided in Mexico, without any real negotiation. Therefore, these unfair terms are inadmissible.
Digital registration: 2030472 / Thesis: 1st/J. 65/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Unfair terms in lease agreements: when economic imbalance undermines the tenant’s dignity.
Article 21.3 of the American Convention on Human Rights protects private property by prohibiting usury and exploitation, concepts distinguished by the Supreme Court: usury involves abusive profit through excessive interest on loans, while exploitation occurs in contracts (such as leases) when there is an economic imbalance that affects the dignity of one party. If there is no harm to dignity but there is financial abuse, civil law provisions apply to balance the obligations. Thus, contracts must be analyzed to avoid clauses that, due to their economic unfairness, violate fundamental rights or principles of contractual equity.
Digital registration: 2030475 / Thesis: 1st/J. 77/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Since 2014, notices of shareholder meetings must be published on the Ministry of Economy’s electronic system.
The General Law on Commercial Companies has required since 2014 that notices of shareholder meetings be published on the Ministry of Economy’s electronic system, and company bylaws cannot waive this requirement. Although companies may establish additional means of publication (such as the press or mail), no mechanism can replace official electronic publication, thereby ensuring transparency and equitable access to information for all shareholders as an essential part of democratic corporate governance.
Digital registration: 2030482 / Thesis: 1st/J. 81/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The government must exercise the utmost caution when intervening in cases involving children, ensuring their mental well-being.
Parental responsibility encompasses the rights and duties of parents to ensure the care, protection, upbringing, and overall well-being of their children, always guided by the best interests of the child. While the State must respect family autonomy, it may intervene when children’s rights are at risk; however, such intervention requires rigorous justification demonstrating that the measure taken is the most appropriate to protect the child, avoiding arbitrary interference and prioritizing the child’s holistic development over any parental right.
Digital registration: 2030485 / Thesis: 1st/J. 74/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The Federal Tax Code upholds the principle of legal certainty by establishing the maximum time limit for completing a home visit and specifying how that time is calculated.
The Supreme Court of Justice of the Nation has held that the principle of legal certainty lies in “knowing where one stands” with respect to the regulatory provisions set forth in the law and the actions of the authorities. Therefore, based on the interpretation of Articles 12 and 46-A of the Federal Tax Code, it follows that when deadlines are set in months, they are understood to expire on the same day of the following calendar month; thus, if a maximum period of twelve months is established for the tax authority to conclude a home visit, it must be understood that the visit must end no later than the same day it began, but in the twelfth following month.
Digital registration: 2030490 / Thesis: 1st/J. 75/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The Income Tax Law clarifies which expenses are deductible for businesses: they must be strictly necessary.
The Supreme Court holds that laws do not need to provide exhaustive regulation of every possible scenario to be constitutional, as this would render legislative work unfeasible. Thus, Article 31 of the Income Tax Law (2011) does not need to specifically list which expenses are “essential” for businesses or detail every instance of deductible social security contributions; rather, it suffices that the law allows for the identification, based on a business’s normal operations and revenue generation, of which expenditures meet these criteria. The specific application is determined on a case-by-case basis, under the principles of accuracy and demonstrability, without the absence of a detailed list undermining legal certainty.
Digital registration: 2030492 / Thesis: 1st/J. 79/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Gaps in health insurance coverage for women: Judges must assess the impact on women’s reproductive health and family life from a gender perspective.
The gender perspective in health insurance cases involving women requires judges to carefully consider the context of vulnerability when conditions such as breast or cervical cancer are unjustifiably denied coverage by insurers. They must evaluate not only the breach of contract but also the comprehensive impact on the woman’s life: her mental health, reproductive plans, privacy (due to invasive tests), and the stress of litigating while facing a serious illness. This allows for determining whether the insurer’s actions exacerbated the emotional distress, ensuring compensation that remedies the harm to her dignity and fundamental rights.
Digital registration: 2030507 / Thesis: 1st/J. 71/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
When a third party fails to comply with a court order regarding a repeated payment in garnishments, they must pay the same amount (not double) from their own assets.
The purpose of attachment as regulated by the Federal Code of Civil Procedure is to ensure full payment of the debt established in a judgment, without granting additional benefits to the creditor. The concept of “repayment of the debt” (Article 449) cannot be interpreted as an obligation to pay double the amount owed, as this would amount to artificially modifying the original court judgment. Its sole purpose is to ensure strict compliance with the terms of the judgment, without exceeding the established amount or turning it into a disproportionate penalty.
Digital registration: 2030508 / Thesis: 1st/J. 72/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
A repeated payment for failing to comply with a court order is not a fine, but rather compensation for the damage caused.
The Federal Code of Civil Procedure establishes that “reimbursement of payment” (Article 449) is a remedy—not a fine for contempt—that applies when a debtor, having been notified of an attachment, pays the creditor directly instead of depositing the amount with the court. This provision, when analyzed in conjunction with Articles 459 and 463, is remedial (not punitive) in nature; therefore, it does not violate the principle of proportionality under Article 22 of the Constitution, as it is not an excessive sanction but rather a mechanism to ensure compliance with the obligation subject to attachment.
Digital registration: 2030491 / Thesis: 2nd/J. 22/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The Second Chamber of the Supreme Court of Justice of the Nation has ruled that the complainant may file a motion for failure to enforce a judgment.
Although Article 193 of the Amparo Law grants the court the discretionary authority to initiate proceedings for failure to enforce a judgment, the complainant has the right to request the initiation of such proceedings when the authorities fail to comply with or defiantly disregard the protective ruling. This right is based on the constitutional principle of prompt justice (Article 17), which guarantees the expeditious resolution and enforcement of judgments. However, the final decision on whether to open the proceeding rests with the judge, who will assess whether there was indeed a failure to comply, without being obligated to automatically grant the complainant’s request.
Prepared by Daniel Majewski del Castillo, Karla Mishelli Tapia Santos, and José Alejandro Krause Marún.
