Reform of the Commercial Code on “Oral Trials in Commercial Matters”

One of the most prominent issues of the latest reforms to the Commercial Code is, without a doubt, the implementation of orality in Commercial Matters.

One of the most prominent issues of the latest reforms to the Commercial Code is, without a doubt, the implementation of orality in Commercial Matters. In this reform, a Special Title called “Commercial oral judgment” was added, comprising article 1390 Bis to 1390 Bis 49.

It should be noted that the main purpose of this reform is the immediacy with which it is intended to provide speed in the substantiation of trials before the courts in commercial matters, thereby providing more expeditious justice.

Within this oral modality, only ordinary judgments will be substantiated, except for those of special processing. Any contest whose main fate is less than 220 thousand 533 pesos and 48 cents will be subject. With these changes, it is intended that the principles of orality, publicity, equality, immediacy, contradiction, continuity and concentration prevail. The judge is also given broad powers of procedural direction to decide promptly and expeditiously.

The hearings and proceedings of relief of evidence must be chaired by the judge. Inglés Las promociones de las partes deberán de presentarse en la misma audiencia de forma oral. The promotions of the parties must be presented at the same hearing orally. Personal notifications will be suppressed, except for the location, due to the importance it represents, you will always be notified personally.

A preliminary hearing is also established, with the purpose of debugging the procedure through conciliation between the parties with the direct intervention of the judge, and a trial hearing, where, if the conciliation does not occur, the relief of the duly admitted evidence and time will be allowed for the parties to make their allegations. Subsequently, the judge will summon for sentencing within ten days. On that date, the judge will briefly and orally state the grounds of fact and law that motivated his sentence and read the operative points.

This reform, with respect to the “Mercantile Oral Trial”, entered into force on January 27, 2012.

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