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Mexican Law

Posted by Carol de Cuastecomates on February 7, 2011, 4:26 pm, in reply to "Re: Proposal from Villalobos "

From what I have learned there are real differences in real estate law in the States and Canada vs. Mexico (duh). So, this is really not for all of you who know all about it, rather the few who may not: Mexico is a civil law country. What this means is that the law is the law. There is no precedent that can contribute to elaborate and guide the judiciary. There is no attempt to determine what the parties intended. There is no concern with justice or fairness. There is just the law. It is not that this (civil law) system is better or worse than the common law system that we use NOB... millions of people in many countries in Europe use this system, too. What it does help to explain is why, even if there is a document, with seals and stamps and official approvals, it may be irrelevant if it is found to be inconsistent with the law in the first place. (I'm not suggesting that there was anything inconsistent in the case.) Also, in countries that use common law, concepts like justice and fairness and expectations and mutual desires of the parties can be carried out by the courts, even if the "letter of the law" might suggest that a remedy is not available. And, in common law countries, when someone tries to pull something, there are legal remedies, like injunctions, etc. that can be obtained quickly if there will be irreparable harm. There is no concept of irreparable harm in civil law countries. There is just the law as it is written. You are either with it or not. I wonder if, as a practical matter, this is, in part, why force, when used here to gain an immediate result, can be so effective, particularly if it has political force behind it. Cases in Mexican courts take lots longer to process. Cases lasting 10, 20, even 30 years are not uncommon. And, I wonder if this is not why possession creates its own rights here. The nature of the civil law system may also explains why in land disputes, political solutions are sought on all sides.
My understanding is that there is a movement afoot in Mexico to change this. I wouldn't hold my breathe.
But, there is an aspect to this that is quite interesting. If the guv runs for President, he will certainly open himself up to lots of questions...if there are Mexicans there to pose them.

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