Theses and Case Law/ Litigation / byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
On #ThesisFriday | November 6, 2026, the Semanario Judicial published 28 legal opinions: 11 court rulings and 17 isolated legal opinions.
We have selected the most relevant ones for you—those issued by the Supreme Court, the Regional Circuit Plenary Sessions, and the Circuit Collegiate Courts.
Abstracts
Digital Registration: 2032865 / Thesis: P./J. 219/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Local legislatures lack the authority to define the concept of a person or the point at which that status is granted for the purposes of human rights.
The concept of a person must be interpreted in accordance with the criteria derived from constitutional provisions in a uniform manner throughout the entire national territory. Therefore, it is not within the purview of local legislatures to determine the extent and nature of legal protection for the unborn, since doing so disrupts the federal constitutional order by altering the concept of “person” as an essential principle and unjustifiably restricting the human rights of women and individuals capable of pregnancy.
Digital registration number: 2032881 / Thesis: P./J. 220/2026 (12th)
Case Law of the Supreme Court of Justice of the Nation
Electronic notifications sent on non-business days take effect on the next business day.
Electronic notifications cannot take effect for procedural purposes on non-business days. Therefore, when a notification record is generated on a non-business day—whether because the individual accesses the system or because it is generated automatically upon the expiration of the deadline for doing so—the notification takes effect at the very beginning of the next business day. This ensures that the deadlines for exercising rights or fulfilling procedural obligations begin to run on business days (Articles 19 and 22 of the Amparo Law).
Digital registration number: 2032867 / Thesis: PR.A.C.CS. J/12 C (12a.)
Case Law of Regional Circuit Courts
Disputes over commercial leases involving a specific amount fall under the jurisdiction of the Civil Courts for Oral Proceedings.
When a real estate lease is entered into for the purpose of commercial speculation, it is of a commercial nature. Therefore, if the dispute involves a specific or determinable amount and is not subject to special proceedings, it must be resolved through commercial oral proceedings before the Civil Courts of Oral Proceedings in Mexico City. Jurisdiction is determined in accordance with federal commercial rules, and local provisions governing the organization of the courts may not modify or restrict them.
Digital registration number: 2032870 / Thesis: PR.A.C.CN. J/61 A (12a.)
Case Law of Regional Circuit Courts
CONDUSEF did have the authority to regulate electronic notifications; therefore, the issuance of the aforementioned provision and resolution does not violate the principles of statutory reservation and hierarchical subordination.
CONDUSEF had this authority even before the 2024 amendment to the Law on the Protection and Defense of Financial Services Users. The amendment (Art. 7) introduced a new enabling clause into the statutory text, expressly authorizing CONDUSEF to issue administrative regulations on this matter; however, this authority did not violate the principles of the reserve of law or hierarchical subordination, since there was no provision reserving that matter exclusively for the legislature, and the regulation issued established a specific procedure without contradicting applicable law.
Digital registration number: 2032891 / Thesis: PR.A.C.CN. J/63 A (12a.)
Case Law of Regional Circuit Courts
A temporary suspension of the publication of the names of retired public servants on the Mexican government’s “Transparency for the People” website is not warranted, as it would harm the public interest.
The publication of the names of pensioners and retirees and the amounts they receive from public funds is justified by the principle of maximum disclosure and transparency, as it allows for oversight of how public funds are spent and helps prevent acts of corruption. Since these individuals are former public servants, their right to privacy is not absolute. Therefore, priority must be given to the public interest in knowing how these resources are used, without prejudice to the authority’s assessment of whether it is essential to disclose the name of anyone who objects to the publication.
Digital registration number: 2032869 / Thesis: I.10o.C.50 C (12a.)
Individual Opinion of the Circuit Courts
The principle of progressive autonomy for children and adolescents also applies during early childhood, even when the minor is not yet capable of forming or expressing his or her own judgment.
The capacity to make decisions and participate is a dynamic and gradual process in which the minor’s self-determination progressively increases and, correspondingly, the legitimate decision-making authority of adults decreases. When a child is not yet capable of forming or expressing his or her own judgment, the best interests of the child are realized through the exercise of parental responsibility and specialized mechanisms that ensure the child’s development in accordance with the evolution of his or her capacities. Hence, progressive autonomy must be protected through parental responsibility and gradual, supervised arrangements, rather than through the imposition of abrupt decisions made on the child’s behalf.
Digital registration number: 2032875 / Thesis: I.2o.C.1 C (12a.)
Individual Opinion of the Circuit Courts
It is not necessary to summon the surety company to a hearing in order to allow the appeal on both counts when a surety bond was presented as security.
When the contested decision is upheld, the guarantee provided to ensure that the appeal is processed in both instances must be enforced in favor of the opposing party, without the need to file a motion or first notify the surety, since the surety may exercise its right to defend itself when required to pay the guaranteed amount.
Digital registration number: 2032876 / Thesis: I.10o.C.13 K (12a.)
Individual Opinion of the Circuit Courts
The current name of transgender individuals must be used in legal proceedings; the previous name may be used only when strictly necessary for their legal identification.
Gender identity is an integral part of human dignity, personal autonomy, and the right to a name. Therefore, judicial authorities must recognize and address transgender individuals by the name and gender with which they identify. The use of their former name (deadnaming) can invalidate their identity and should therefore not be used as a standard form of identification in legal proceedings. The former name may only be mentioned when strictly necessary to reference registered records or prior proceedings. In such cases, it must be done respectfully and without downplaying the person’s current identity or presenting it as secondary to their former name.
Digital registration number: 2032879 / Thesis: I.10o.C.28 C (12a.)
Individual Opinion of the Circuit Courts
Compensation for the insurer's delay in paying the claim cannot be calculated from the date of service of process unless it is proven that the insurer previously received a properly filed claim.
Compensation for late payment by the insurer cannot be calculated from the date of service of process, since the rule allowing this in cases where victims file a claim directly against the insurer for civil liability does not apply to insurance contracts. In such cases, it must be proven that the insurer previously received a properly filed claim before the obligation to pay becomes enforceable.
This publication was prepared byDaniel Majewski del Castillo,Guadalupe Villa Figueroa, and Frida Isabel Velázquez Vargas.
