Legal Consultancy for Foreign Investment in Mexico

 The legal principle of "stare decisis," of the common law tradition is not recognized in the civil law tradition. There are several reasons for the rejection of the legal principle of "stare decisis" by the civil law tradition. One reason is the fact that the civil law tradition was developed by legal scholars in the universities and not by judges in the courtroom. Another reason is the post French Revolutionary influence on the civil law tradition. The post French Revolution legislature sought to reform the judiciary to prevent previous abuses. The role of the judge was reduced "to that of a minor bureaucrat who had no power to go beyond the letter of the law."[37] Judicial review of legislation was not within the legal powers of judges. No one but the elected legislature had the power to create law.

 Although the principle of "stare decisis" is not recognized in the civil law tradition, the Mexican judiciary does create case law to some extent.[38] The Supreme Court and federal collegiate courts may establish formally binding precedent called "jurisprudencia." "Jurisprudencia" is established by having five consecutive and consistent decisions on a point of law. "Jurisprudencia" is binding on the court that established it and on all lower federal and state courts. Many of the legal treatises listed in the guide have the word "jurisprudencia" in their title. It is important to remember that in these instances "jurisprudencia" means case law and not the general study of law.

 Before going into the Mexican codes, it is important to mention some introductory material on the Mexican legal system. The most complete introduction is An Introduction to the Mexican Legal System by James E. Herget and Jorge Camil (1978). A reprint of this work appears in volume I of Modern Legal Systems Cyclopedia, edited by Kenneth Robert Redden (1984-). Compendium of the Laws of Mexico by Joseph Wheles (1938), is dated but is still useful to someone unfamiliar with the Mexican legal system. Although they are not true introductions to the legal system of Mexico, the following sources also should be considered: An Introduction to the History of Mexican Law by Guillermo Floris Margadant (1983); Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World by Thomas H. Reynolds and Arturo A. Flores (1989-2007); A Revised Guide to the Law and Legal Literature of Mexico by Helen L. Clagett and David M. Valderrama (1973); Guide to the Law and Legal Literature of Mexican States (1979) by Helen L. Clagett, a reprint of a 1947 edition. Also the “Miscellaneous Materials” section of this work should be reviewed for further research aides.

 The starting point for nearly all Mexican legal research is a code or a law. The many codes and laws of the Mexican legal system are by subject. Civil matters will be found in the civil code, as criminal matters will be found in the criminal code. Environmental matters will be found in the General Law for Ecological Equilibrium and Environmental Protection, as agrarian reform matters will be found in the Agrarian Law. The codes and laws are arranged by titles, chapters and articles, much like the laws of the United States. Once the relevant code is determined, the specific code article or articles that apply to the specific situation must be located. Keyword searching, as used in most legal research, is not applicable in Mexican legal research. Mexican codes do not have indexes; instead codes provide a short, general table of contents. The table of contents can be located either at the front of the code or at the back of the code. In Mexican legal research, the search is done by thinking in broad, general legal concepts and then working down to the specific. As an example, the search in the Mexican civil code for the divorce articles would not start with "divorce" but with "of persons" since divorce deals with a relationship of persons. Under the "of Persons" heading one would find divorce, marriage, adoptions, birth registration, death registration, and other matters relating to a person as a legal entity. A person becomes a legal entity at birth and loses this capacity at death.

 The second step in Mexican legal research involves finding the doctrine that applies to the situation under study. Most of the doctrine is organized by code and articles chronologically, which makes for easy access. As is the case with codes, the doctrinal treatises do not have indexes with few exceptions, but provide only a short, general table of contents.

 The third step in Mexican legal research is the most difficult step. This step involves searching for Supreme Court “jurisprudencia” and “tesis sobresalientes” “Tesis sobresalientes” are case decisions of note that have persuasive value, but are not binding on lower courts as is the case with “jurisprudencia.”

 The three steps in Mexican legal research are: finding the relevant article or articles in the appropriate code, finding the relevant "doctrina," and finding the relevant "jurisprudencia." The most important step is the first. The research process could stop at this step if the researcher felt confident enough to assume that the correct article or articles had been found and their correct interpretation achieved. However, my own experience is that the majority of people who work with Mexican law do not stop after the first step; rather they go on to step two. Finding the appropriate "doctrina" is really essential to good Mexican legal research. Step three seems to vary in importance according to the researcher's legal background. Mexican-trained lawyers do not consider step three essential; American-trained lawyers do believe that step three is essential. Mexican lawyers are trained in the civil law tradition, and American lawyers are trained in the common law tradition. But also important is the fact that "jurisprudencia" research is so difficult because of the lack of finding tools. More and more finding tools are being published in Mexico to provide easier access to "jurisprudencia." The importance of step three will thus increase as more and more finding tools are published in Mexico.

 Surrogacy is a complex and evolving practice, and understanding the legal framework, regulations, and cultural perspectives surrounding surrogacy in Mexico is crucial for intended parents, surrogates, and professionals involved in the process. This comprehensive guide provides detailed information on the various aspects of surrogacy in Mexico, including legal considerations, regulatory frameworks, and cultural perspectives that shape the practice.

 This section provides an overview of surrogacy, including its definition and different types. It explains the distinction between traditional and gestational surrogacy and highlights the legal implications and requirements associated with each type in Mexico.

 In this section, we delve into the legal landscape of surrogacy in Mexico. We discuss the specific laws and regulations that govern surrogacy arrangements, including the rights and obligations of intended parents and surrogates. We also explore the role of legal contracts and the importance of working with experienced surrogacy attorneys to ensure compliance with the law.

 Here, we outline the eligibility criteria and requirements for intended parents in Mexico. We cover aspects such as age restrictions, marital status, medical evaluations, and psychological assessments. We also discuss the importance of preparing the necessary documentation and fulfilling the requirements set by the Mexican authorities.

 This section explores the different options available for finding a surrogate in Mexico. We discuss the role of surrogacy agencies, their services, and the benefits of working with a reputable agency. We also provide insights into independent surrogacy arrangements, highlighting the considerations and challenges associated with this approach.

 Here, we delve into the medical process involved in surrogacy in Mexico. We explain the various stages, including the screening of both intended parents and surrogates, the in vitro fertilization (IVF) procedure, and the pregnancy itself. We also discuss the importance of medical professionals and clinics experienced in reproductive medicine.

 This section provides an in-depth analysis of the financial considerations involved in surrogacy in Mexico. We discuss the average costs associated with surrogacy, including legal fees, medical expenses, compensation for the surrogate, and other related costs. Additionally, we touch upon the importance of insurance coverage to mitigate financial risks.

 In this section, we explore the cultural perspectives and ethical considerations surrounding surrogacy in Mexico. We examine how cultural values, beliefs, and societal attitudes shape the perception of surrogacy within the country. We also address the ethical implications and potential challenges, emphasizing the importance of respectful and culturally sensitive practices.

 Support and counseling are crucial components of the surrogacy journey. In this section, we highlight the importance of emotional and psychological support for intended parents and surrogates. We discuss the role of surrogacy support groups, counseling services, and the benefits of professional guidance throughout the process.

 In conclusion, surrogacy in Mexico involves navigating a complex landscape of laws, regulations, cultural perspectives, and ethical considerations. This comprehensive guide has provided valuable insights into the legal, cultural, and practical aspects of surrogacy in Mexico. By understanding these factors, intended parents and surrogates can make informed decisions and navigate the surrogacy process with confidence.

 Today, there are literally hundreds of online resources which contain information on Mexican law (and related subjects) with varying degrees of authoritativeness, accuracy and accessibility.

 The prolific and varied universe of Mexican law freely available on the Internet may fall into these major categories:

Professional Bilingual Lawyers in Mexico

 Official and legal information on Mexican legal materials provided by Mexico’s Federal Government. This is the most reliable, accurate and authoritative source;

 Information provided by each of Mexico’s thirty-one States (ranging alphabetically from Aguascalientes to Zacatecas). Most of it tends to be of an administrative and promotional nature rather than legal;

 Mexican academic information from UNAM’s (National Autonomous University of Mexico) Legal Research Institute. Rich, varied and comprehensive information on the most important Mexican legal subjects, disciplines and materials;

 Information provided by U.S. governmental, research and academic institutions. It is varied, qualitatively uneven and a bit repetitive; and

 Surfing the Internet looking for the best web sites on Mexican law may take long hours in front of a computer without any guarantee of finding the right answer to a Mexican law inquiry. Thus, searching for the desired or needed information may be a taxing and sterile effort, especially when one considers that most Internet sites purporting to provide information on Mexican law tend to be of a mediocre quality, with poor English translations, and legal texts that are incomplete, outdated, inaccurate, and usually have no reference to any legal source.

 This electronic guide has been prepared to assist anyone interested in having prompt and expeditious access to the best Internet web sites on Mexican law. These web sites are considered to be “the best” because the legal information contained in them is accurate, reliable, relatively current and authoritative, based upon the prestige and reputation of the sponsoring entities. These entities are government agencies and major academic institutions from Mexico and the United States.

 Although surfing the Internet in search of domestic and foreign legal information has become a preferred strategy among law students and legal practitioners, as far as Mexican law information is concerned, it should be noted that printed materials published by reputable companies in the United States2 and Mexico3 continue to be the best and most authoritative sources of Mexican legal materials.

 Although surfing the Internet in search of domestic and foreign legal information has become a preferred strategy among law students and legal practitioners, as far as Mexican law information is concerned, it should be noted that printed materials published by reputable companies in the United States2 and Mexico3 continue to be the best and most authoritative sources of Mexican legal materials.

 Mexico’s contemporary legal system emerge as a result of the 1910 revolution and the subsequent promulgation of its Federal Constitution on February 5, 1917 (entering into force three months later). Although historically influenced by the legal systems of Spain, France, and the United States, Mexico has been able to structure and maintain a distinct legal system that incorporates truly unique Mexican components. Let it suffice to mention these leading examples: the institution of “Amparo,” established to protect the constitutional rights of individuals and companies against violations from public authorities; the notion of “social rights” found in Article 123 of the Constitution enumerating the rights of workers as a social class; and the collective land tenure system of the “Ejido,” whose original objective was altered by an amendment to Article 27 of the Constitution in 1994.

 Mexico’s territorial area is about three times the size of Texas (almost two million square kilometers or 761,600 square miles), inhabited today by 104 million Mexicans (Mestizos 60%, Indian 30%, Other 10%). Although this country is endowed with important and varied natural resources, about 53% of the Mexican population lives in poverty (including all of the fifty-six Indigenous ethnic groups, many of them living in abject poverty). Mexico’s treatment of its Indigenous populations and a devastatingly unfair distribution of national wealth constitute two of its major social and economic problems.

 Unlike the United States, Mexico has no jury trials; no application of the principle of stare decisis; no class action suits; no Bar Exam for Mexican attorneys; no professional regulation of attorneys by state or local Bar Associations; no discovery; no elected judges; legal education is at the undergraduate level and consists of five years; and “notaries” (Notarios Públicos).

 Mexico is undergoing a process of modernizing its legal system, especially in the areas of foreign investment, commercial transactions and international trade. As a result of the substantial increase of business and trade since NAFTA became effective in 1994, certain Mexican legal areas, which were under the exclusive control of the Federal Government, are now being updated and privatized. This closer commercial relationship recently developed by Mexico with the United States has led some commentators to suggest that the Mexican legal system is being subject to a gradual but pervasive process of “Americanization.”

 Patterned after the United States, Mexico is a federal republic, representative and democratic, composed of thirty-one free and sovereign states in matters regarding their internal regime but united in a federation pursuant to the Federal Constitution (Art. 41, Fed Const.). The “Supreme Power of the Federation” is divided into three branches: the Legislative, the Executive and the Judicial (Art. 49, Fed. Const.).

 The Legislative is deposited in a General Congress, divided into two chambers: one of Deputies (Diputados) and the other of Senators (Senadores). The Chamber of Deputies is formed of 500 members elected in totality every three years (last election: July 6, 2003). The Senate is formed of 128 members, renewed in totality every six years. Both deputies and senators are inviolable for their opinions (Arts. 51, 52, 56 and 61, Fed. Const.).

 The Federal Congress is responsible for all the acts and regulations that govern the commercial and business activities of foreign investors and entrepreneurs in Mexico. Most of these legislative enactments are generated in the Executive. Congress has exclusive and broad authority to legislate in a very large number of areas, both in substance and scope (Art. 73, Fed. Const.).

 The “President of the United Mexican States” is the head of the Executive. The President is directly elected by the citizens of Mexico as mandated by the electoral laws. He initiates his office on December 1, and remains if office for six years. Mexico has no Vice-President. In Mexico, the principle of “no reelection” is of paramount importance and applies to all public officials at the federal and state levels (Arts. 80-81, Fed. Const.).

 The President appoints the eighteen members (Secretarios de Estado) of his presidential cabinet. He has the exclusive power to conduct Mexico’s foreign affairs in accordance with the explicit “normative principles” enunciated by the Federal Constitution (Art. 89, paras. II and X, Fed. Const.). The Executive is responsible for a large percentage (more than 80%) of the legislative bills submitted to Congress.