Theses and Case Law/ Litigation / by Daniel Majewski del Castillo, Zusel Soto Vilchis, and Karla Mishelli Tapia Santos.
In this #ThesisFriday | August 8, 2025, the Judicial Weekly published 112 new rulings: 63 case law decisions and 49 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: 2030839 / Thesis: I.7o.C.9 K (11a.)
Individual Decisions of Circuit Courts of Appeals
The case law established by the First and Second Chambers of the Supreme Court of Justice of the Nation, which was in effect prior to the reform published in the Official Gazette of the Federation on March 13, 2025, shall continue to be binding to the extent that it does not conflict with said reform.
The transitional provisions of the aforementioned reform did not address whether the binding nature and applicability of the case law issued by the aforementioned Chambers of the High Court would continue after the Supreme Court begins to function solely as a full court, therefore, the case law issued by the Chambers of the High Court will continue to be binding insofar as it does not conflict with it, in accordance with the principles of legal certainty and full justice established in Articles 14 and 17 of the Federal Constitution.
Digital registration number: 2030791 / Thesis: P./J. 13/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
When the National Human Rights Commission issues a ruling dismissing an appeal, it performs an act equivalent to an exercise of authority for the purposes of an amparo proceeding.
In exceptional cases, a constitutional appeal may be filed when a legal remedy is dismissed as inadmissible. Although a constitutional appeal cannot determine whether there is a right to the issuance of a recommendation, the fact remains that the appellants have the right to have the Commission process their complaints in accordance with the law; therefore, an unlawful and arbitrary dismissal could infringe upon the appellants’ legal rights.
Digital registration: 2030794 / Thesis: 1st / J. 167/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Jurisdiction to hear an appeal challenging the dismissal of an indirect amparo petition related to commercial matters.
Unless otherwise expressly provided, the specialized Circuit Collegiate Courts, by virtue of their higher specialized jurisdiction, have jurisdiction to hear appeals filed against decisions rendered by lower courts specializing in the same subject matter, or, even if they are courts of mixed jurisdiction, where the nature of the challenged act and the authorities identified as responsible necessitate that their review involve the relevant subject matter.
Digital registration: 2030801 / Thesis: 1st / J. 155/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The percentage of creditors required for an arrangement to be valid in bankruptcy proceedings does not violate the democratic principle applicable in such proceedings.
For an insolvency agreement to be effective, it must be signed by creditors representing fifty percent of the total amount owed to unsecured and subordinated creditors, and of the total amount owed to creditors holding security interests or special privileges; therefore, the democratic principle of the conciliation stage of commercial insolvency proceedings is not violated, because it not only guarantees all creditors the opportunity to approve or reject the agreement, but also their participation, in accordance with the framework provided by law, in the preliminary proceedings within the conciliation stage that are aimed at reaching such an agreement.
Digital registration: 2030802 / Thesis: 1st/J. 157/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Insurance companies may be ordered to pay court costs when, in order to avoid fulfilling their obligations, they submit forged or altered documents as evidence during the trial.
The subjective criterion for awarding costs based on recklessness, as provided for in Article 1,084 of the Commercial Code, is met when it is established in court that the insurer submitted an altered document as evidence in order to obtain an undue advantage, since such manipulation is sufficient to demonstrate fraud in its procedural conduct, as it sought to evade compliance with the obligations it had lawfully assumed through that irregular evidence.
Digital registration: 2030818 / Thesis: 1st / J. 162/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
Dismissal as a penalty for non-serious administrative offenses does not violate the principle of proportionality, even if it is the same penalty as that prescribed for serious offenses.
This is because it is incumbent upon the sanctioning authority to select, from the list provided in Article 75 of the General Law on Administrative Liability, the sanction that best aligns with the described criteria for individualization. And if the offending public servant disagrees with a potential dismissal, they may challenge it as a matter of legality that does not affect the constitutionality of the provision, but rather concerns only its proper application.
Digital registration: 2030805 / Thesis: 1st / J. 142/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
In commercial proceedings, when private documents prepared by third parties are submitted, the failure of a party who did not participate in their creation to object does not constitute an acknowledgment of their validity.
In this regard, when one of the parties submits a private document as evidence and the opposing party—which did not participate in its preparation—does not object to it, this cannot result in the document being automatically deemed acknowledged, which would be incompatible with the nature of a private document and with the principle of procedural equality, since it would create a disproportionate consequence for the party that did not participate in the preparation of the document, simply because it did not express its objection. Therefore, in this case, such documents should only be considered as circumstantial evidence whose probative value must be corroborated by other evidence.
Digital registration: 2030827 / Thesis: 1st / J. 150/2025 (11th)
SCJN Isolated Opinion
The recognition of foreign judgments in commercial matters is appropriate, based on the recognition that rights acquired through final judgments deserve.
Although the recognition of a foreign judgment in commercial matters may be denied, such denial must be based on one of the exceptional grounds set forth in Article 1347-A of the Commercial Code; that is, when: the formalities set forth in international treaties regarding letters rogatory have not been complied with; the judgment stems from an action in rem; it was issued by an incompetent court; the defendant’s rights to a hearing and defense have been violated; the judgment is not res judicata; the original action is pending resolution in Mexican courts; public policy is affected; or the judgment is not authentic.
Digital registration: 2030836 / Thesis: 1st / J. 160/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
An amparo action brought against general regulations remains admissible, since the amendment to Article 107, Section II, of the Federal Constitution, dated September 15, 2024, did not introduce any grounds for dismissal that would preclude it.
Even though the amparo ruling cannot have an immediate effect on the legal situation of the petitioner or of other persons who might benefit from its erga omnes effects —now prohibited—the amparo court cannot preclude the initiation of the General Declaration of Unconstitutionality—as a means of dialogic constitutional review—which may culminate in a potential amendment or repeal of the provision.
Digital registration: 2030842 / Thesis: 1st/J. 127/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
In cases where compensation is sought for emotional distress caused by an abusive exercise of freedom of speech, the laws governing both that right and the liabilities arising from its excessive or unlawful use apply.
This was necessary because it was essential to replace the concept of moral damages provided for in the substantive code with a special civil law that, on the one hand, would decriminalize so-called crimes against honor and, on the other, would enable a streamlined, effective, and appropriate process for redressing violations of personality rights arising from the exercise of the right to freedom of expression.
Digital registration: 2030848 / Thesis: 1st/J. 161/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The prohibition set forth in Article 107, Section II, of the Federal Constitution applies exclusively to general regulations issued by a legislative body in its formal capacity; therefore, other provisions may be subject to challenge.
Accepting a broad interpretation of the concept of a general rule—one that encompasses administrative acts characterized by generality, abstraction, and permanence—would, on the one hand, allow a single administrative regulation to effectively contravene and override existing legislation, and, on the other hand, would render meaningless the judiciary’s authority to ensure that the actions of the public administration comply with the mandates democratically adopted by the legislature.
Digital registration: 2030860 / Thesis: 1st/J. 141/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The prohibition against the exploitation of one person by another can be analyzed in the context of contracts that include late payment interest, liquidated damages, or other types of clauses that result in excessive or unjustified enrichment for one of the contracting parties.
This general prohibition on the exploitation of individuals applies to any contract other than a mutual agreement or loan, provided that there is evidence—whether in the form of late payment interest, contractual penalties, or other clauses—of a disproportionate economic advantage benefiting one party to the detriment of the other, accompanied by an infringement of the latter’s dignity. In such cases, it is incumbent upon the adjudicating authorities to assess whether the agreed terms reveal an imbalance that entails an excessive financial advantage and a relationship of subjugation that compromises the dignity of the affected person.
Digital registration: 2030864 / Thesis: 1st / J. 139/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
In commercial litigation, the requirement to provide the expert’s professional license number when presenting expert testimony does not constitute a violation of the right to access to justice.
This is consistent with the principles governing commercial oral proceedings, as the requirement to provide the expert’s professional license information at the time the evidence is offered prevents—in the event that the expert does not possess such a license—unnecessary procedural steps and the holding of a hearing to hear evidence that should have been dismissed from the outset. This ensures the smooth flow of commercial oral proceedings and the prompt and expeditious administration of justice in accordance with Article 17 of the Constitution.
Digital registration: 2030875 / Thesis: 1st/J. 153/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
When a discriminatory act based on a protected characteristic is established as a tortious act in a tort lawsuit, the existence of emotional distress must be presumed.
Therefore, the establishment of a discriminatory act based on a protected category and directed against a specific person or persons gives rise, as an unlawful act, to a presumption of emotional distress, in accordance with the aforementioned Article 1916. This presumption applies to discrimination under Article 1 of the Constitution, and not to any arbitrary distinction. This is because it is precisely discriminatory acts based on criteria such as gender, sexual orientation, and race, among others, that are subject to enhanced protection, given their capacity to perpetuate the exclusion or marginalization of historically disadvantaged groups.
Digital registration: 2030879 / Thesis: 2nd/J. 36/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The minimum wage is the appropriate benchmark for calculating compensation for personal injury caused to a minor by unlawful government action.
In such cases, the worker’s salary should not be used as the basis for calculating compensation for personal injury; rather, the child support owed to the minor must be taken into account. According to Article 564 of the National Code of Civil and Family Procedure, when calculating child support and the parents’ financial capacity has not been established, the minimum wage in effect at the time of the calculation must be taken into account, as it is the appropriate benchmark for determining child support.
Digital registration: 2030804 / Thesis: 2nd/J. 34/2025 (11th)
Case Law of the Supreme Court of Justice of the Nation
The ex officio compliance procedure provided for in Article 58, Section I, of the Federal Law on Contentious-Administrative Proceedings requires the Federal Court of Administrative Justice to conduct a preliminary review of the relevant report from the authority.
The Chambers, Divisions, or the Plenary must take the necessary steps to ensure compliance with their judgments in accordance with Article 17, paragraph 2, of the Political Constitution of the United Mexican States and Article 25, paragraph 2, subparagraph c), of the American Convention on Human Rights, from which it follows that effective access to the administration of justice is not limited to the existence of a simple and expeditious remedy, but also encompasses the guarantee of compliance with the decision rendered, thereby fulfilling the principles of prompt, complete, impartial, and free justice.
Digital registration number: 2030781 / Thesis: II.1o.C.2 K (11th)
Individual Decisions of Circuit Courts of Appeals
The granting of the intervening appeal is merely declaratory and does not require enforcement; therefore, its effect will be to uphold the contested judgment.
This is the only appropriate means for the party that obtained a favorable judgment to challenge the considerations it believes are prejudicial to it but were not reflected in the operative part of the decision; in this way, the intended meaning of the contested judgment can be upheld, even if the issues at hand differ from those originally examined and decided by the competent authority. Therefore, if the grounds for the violation of the joinder in the amparo action are well-founded to uphold the legality of the challenged act, constitutional protection must be formally granted to the joinder party, on the understanding that such a grant is merely declaratory and does not require enforcement, and thus its effect will be to ratify the challenged ruling.
Digital registration: 2030782 / Thesis: I.5o.C.200 C (11a.)
Individual Decisions of Circuit Courts of Appeals
The filing of a preliminary notice of the lawsuit with the Public Registry of Property and Commerce, as a precautionary measure, is not permitted when the dispute concerns the performance of a contract for the provision of professional services.
A preliminary registration of a lawsuit in the Public Registry of Property and Commerce is admissible: (a) in disputes concerning the ownership of real property or the creation, declaration, modification, or termination of any real right over such property; and (b) when seeking enforcement of preliminary contracts or to give legal form to an act or contract entered into, provided that the subject matter involves real property or real rights over such property. Consequently, the provisional registration of a claim to enforce a contract for the provision of professional services is not permissible, as the dispute concerns personal rights and, therefore, does not involve issues relating to the ownership of real property.
Digital registration number: 2030783 / Thesis: I.11o.C.107 K (11a.)
Individual Decisions of Circuit Courts of Appeals
If the complainant is a third party in the strict sense, and the evidence presented in the motion for a stay provides prima facie proof of the legal interest the complainant claims to have in the property it alleges to own, the appearance of a valid claim is also established.
The fact that the petitioner is not a party to the original proceedings and has submitted documents that prima facie demonstrate that it may have the right to possess the property where the contested actions are to be carried out; for the purposes of the stay, this is sufficient to show that the petitioner has not been able to participate in the original proceedings to defend its interests. Therefore, while the merits of the amparo proceeding are being resolved, it is not possible to allow the contested acts to be carried out on the property that the petitioner claims to possess.
Digital registration number: 2030789 / Thesis: I.11o.C.62 C (11a.)
Individual Decisions of Circuit Courts of Appeals
When a loan is legally declared null and void, the credit bureau may only collect information provided by users to update its database in order to remove the user’s record from the financial services registry, as a result of the loan or transactions declared null and void.
The order requiring the credit bureau to cancel or remove negative entries from the credit history of a financial services user should not be understood as a direct order; rather, in accordance with the guidelines set forth in the law, it is the creditor financial institution that must prepare the corresponding report, noting that the modification is the result of a ruling issued by a court and the terms of the ruling, so that the credit bureau can collect that information and update its database to cancel the record appearing under the name of the financial services user.
Digital registration number: 2030796 / Thesis: I.11o.C.63 C (11a.)
Individual Decisions of Circuit Courts of Appeals
Tacit joinder is terminated when a commercial court proceeding before a court of general jurisdiction is dismissed.
This is due to the legal nature of the lapse, which merely renders the filing of the complaint ineffective, thereby allowing the plaintiff to file it again. For this reason, the fact that the documents submitted with the new complaint bear the seals of a court of ordinary jurisdiction cannot be grounds for concluding that the plaintiff submitted to that local judicial authority, since the lapse of the proceedings in that case rendered the filing of that prior complaint ineffective.
Digital registration number: 2030808 / Thesis: I.2o.C.30 C (11a.)
Individual Decisions of Circuit Courts of Appeals
In order to be eligible for compensation for damage to one’s life plan, arising from a claim for strict liability in tort and emotional distress, victims must, at a minimum, describe the personal plan that was disrupted.
If the purpose of compensation for this cause is to make up for the person’s inability to achieve self-fulfillment, the plaintiff must provide the court with the necessary evidence during the trial so that the court can assess the victim’s vocation, aptitudes, circumstances, potential, and aspirations—which allowed the victim to reasonably set specific life expectations and achieve them— and thus demonstrate, even if only on a prima facie basis, that the life plan for which compensation is sought was concrete, achievable, and supported by visible and viable elements that would have allowed it to be realized.
Digital registration number: 2030806 / Thesis: I.11o.C.114 K (11a.)
Individual Decisions of Circuit Courts of Appeals
The disclosure of the petitioner’s address is not an essential requirement for the admissibility of the constitutional action.
The fact that the petitioner designates the notification lists as the address for service of process in no way impedes the prompt and expeditious administration of justice, since through this means—and by virtue of the petitioner’s expressed intent—any notification, including those requiring personal service, may be served without delay. This is all the more true given that currently almost all notifications in the ordinary proceedings of an amparo action are served through this method, except for those exceptions provided for in Article 26 of the Amparo Law, which must be served in person.
Digital record: 2030825 / Thesis: I.11o.C.108 K (11a.)
Individual Decisions of Circuit Courts of Appeals
When the amount of the security deposit that the petitioner must provide in order to suspend the contested actions is to be determined on a discretionary basis, the judge or constitutional court must calculate it using the Unit of Measurement and Adjustment (UMA) as a reference.
The fact that Article 132 of the Amparo Law provides that the court has discretion to set the security required for the suspension to take effect when the rights that could be affected by such a measure cannot be quantified in monetary terms does not imply that the amount must be arbitrary; rather, it must be calculated in a reasoned manner and in light of the particular circumstances of the case.
Digital registration number: 2030874 / Thesis: I.2o.C.31 C (11a.)
Individual Decisions of Circuit Courts of Appeals
Damages awarded in a case involving strict liability for tort must be quantified as a final and binding amount at the time the final judgment is rendered.
The fact that the complaint sought specific monetary amounts for full compensation, lost profits, emotional distress, punitive damages, and damage to life plans does not preclude the aforementioned determination, since when seeking fair compensation arising from claims for strict civil liability and moral damages, there is no specific monetary claim; rather, the full compensation derived from these claims involves both pecuniary and non-pecuniary interests, present and future, which do not have an exact monetary equivalent.
Digital registration number: 2030888 / Thesis: XXVII.1o.1 L (11a.)
Individual Decisions of Circuit Courts of Appeals
A person who, having been a co-defendant in the original proceedings and acquitted of the charges, has an interest in the validity of the challenged act, is considered an interested third party in the direct amparo proceeding.
If one of the parties involved in the original proceeding—even if it was not the complainant’s opposing party—requests in the constitutional court to be recognized as an interested third party, alleging an interest in the continued validity of the contested act and, therefore, a position opposed to that of the complainant, the constitutional court must grant the request, as this respects their right to effective access to justice provided for in Article 17 of the Constitution, since it gives them the opportunity to defend the rights granted to them by the challenged act or decision.
This publication was prepared by Daniel Majewski del Castillo, Zusel Soto Vilchis, and Karla Mishelli Tapia Santos.
