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Cover of: Private International Law in Mexico's New National Code of Civil and Family Procedure
María Mercedes Albornoz

Private International Law in Mexico's New National Code of Civil and Family Procedure

Section: Aufsätze
Volume 88 (2024) / Issue 2, pp. 325-354 (30)
Published 26.06.2024
DOI 10.1628/rabelsz-2024-0031
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  • Open Access
    CC BY 4.0
  • 10.1628/rabelsz-2024-0031
Summary
In June 2023, Mexico enacted a National Code of Civil and Family Procedure that includes private international law provisions on procedural matters. The adoption of this Code constitutes a landmark reform in the Mexican legal system, modernizing and, for the first time, unifying civil and family procedural laws across the country. The Code's primary objectives are to streamline legal processes, enhance judicial efficiency, and promote consistency in civil and family litigation. This article contains a study of the main rules that adjust the goals of the Code to cross-border cases. Some of those rules introduce significant innovations compared with previous bodies of procedural legislation in force in Mexico. It sets direct rules for international jurisdiction as well as novel provisions on foreign law, rules on international cooperation and recognition and enforcement of foreign judgments, and provisions on international child abduction. Furthermore, the Code promotes digital justice and thus expressly allows and promotes the use of technological resources in international cooperation. All these rules are expected to improve access to justice in private international law cases.