Mexican Legal Research

This book is an important and comprehensive guide to the historical periods of Mexico: Aztec Empire; Conquest; Colonial; Independence; French Occupation; Post-French Occupation; Porfirio Diaz; Revolutionary; Post-Revolution Period; PRI; and Current. It covers the origins and legal basis of the laws (constitutional, criminal, civil, commercial, administrative law and procedures), and the legal institution of each of the historical periods (executive, legislative, judicial), giving citations to all of the primary documents and secondary materials. This book also discusses the laws as written and as applied in the society of the time and mentions the important personages of each period with sources for further investigation.

Mexican Law provides an overview of the Mexican legal system. It sets forth the basic rules and legal doctrines, surveys the key institutions that make and enforce the law in Mexico, and places them in their cultural context. It makes frequent comparisons to United States legal doctrines and institutions, and provides a foundation for understanding the role of law and legal institutions in shaping public and private life in Mexico. The volume surveys both public and private law, and provides examples of the practical application of the law. It discusses the discrepancies that exist between the written law (and the theories that underly it) and its application. Topics covered range from an overview of legal history to specific subjects such as labor law, family law, and constitutional rights. The volume also discusses the development of the Mexican legal system in the context of the dramatic internal political changes of the last two decades, which, coupled with the increased integration of Mexico with the world economy (and especially with that of the United States), have resulted in dramatic changes in the role of law and in the operation of legal institutions.

Three special features make this book unique in many respects. First, the book has been written by an eminent group of Mexican practitioners and academics recognized in Mexico for their legal expertise. These are attorneys working for prestigious law firms in Mexico who wrote their chapters keeping in mind the professional interest of American lawyers. Second, each of its seventeen chapters discusses a Mexican legal area commonly found in decisions rendered by state or federal courts in our country. These areas include personal injury, contracts, Fideicomisos, real estate, companies, Maquiladoras, promissory notes, family law, conflict of laws, letters rogatory, enforcement of judgments, etc. And third, most chapters include a legal glossary, a specialized bibliography and samples of practical Mexican legal documents.

This work has been conceived and written to service as a comprehensive research guide to the laws, regulations and legal literature of Mexico. It is designed to overcome problems facing the non-expert and the non-Spanish speaker when dealing with Mexican legal research. The guide provides answers to the questions most frequently asked: Which is the relevant code or law? Where can the text of the code or law be found? What secondary materials are available? Which of these materials are available in English? Where can I locate these materials?

This work presents essays in polished English by nine lawyers, seasoned as practitioners and scholars, with deep experience of the country, and a foreword by Mexican constitutional scholar and historian Manuel González Oropeza. Together, they spotlight fundamental aspects of Mexico's legal system, often inadequately appreciated both within and outside Mexico. They highlight exciting developments that directly confront social demands for enhanced rule of law and access to justice, as well as the continuing challenges of conforming legal institutions to needs of contemporary society. The contributing authors provide insights essential to appreciate Mexican culture and society, its business environment, and the role of the legal system in assuring respect of rights and aspirations of justice. Their work offers understanding of Mexico and its legal system not only for those directly concerned with Mexico, but also to those desirous of understanding how one large and dynamic economy evolves key aspects of its legal system critical to its continued growth.

Includes background and historical information on the legal profession, constitution, legal education, and judicial process in Mexico along with a bibliography of relevant resources in English and a glossary of Mexican legal terms.