UPDATE: An Electronic Guide
to Mexican Law
By Francisco
A. Avalos and Elisa Donnadieu
Update by Francisco A. Avalos
Francisco Avalos is Foreign and
International Law Librarian at the University of Arizona College of Law
Library. He obtained his undergraduate degree from the University of Arizona in
1971 and his Master of Library Science in 1976. He is the author of several
books and articles dealing with the legal system and history of Mexico. He has
served as past President and Secretary of AALL FCIL- SIS and has made several
presentations on the Mexican legal system at national conferences and
conventions. He has been a special consultant to the National Law Center for
Inter-American Free Trade for the last ten years.
Elisa Donnadieu is a 1997 graduate of the
University of Arizona College of Law. She has worked with the Pima County
Public Defender’s office since 1998 and continues to do so on a part-time
basis. Currently, she is enrolled in the Library Science Master’s program at
the University of Arizona and has a fellowship with the University of Arizona
College of Law Library.
Published
November 2009
Read the Archive Version!
Table of Contents
I. A Brief History of the Mexican Legal System
II. Federal Government
III. Major Primary Federal Legislation
IV. Legislation Sources
V. Official Mexican Government Websites
VI. Political Parties
VII. State Governments
VIII.
NAFTA
IX. Overall Coverage of Mexico
X. Free Translation Sites
I. A Brief History
of the Mexican Legal System
The
Mexican legal system has historical roots that go back to 16th century Spanish
law and to Pre-Colombian indigenous law. After the Spanish conquered the Aztec
Empire, they found an advanced indigenous legal system in place. The Spanish
crown did not rid itself of the indigenous legal system completely; instead, it
kept those indigenous laws and legal institutions that did not go directly
against the Spanish customs or against Church Doctrine. The Spanish Crown also
introduced its own laws and legal institutions.
After
Mexico finally established independence, it went through a series of different
constitutions. The current Mexican Constitution is commonly referred to as the
1917 Constitution. The official name is the Political Constitution of the United
Mexican States (Constitución Política de los Estados Unidos Mexicanos). The
Federal Constitution is the most important political document in Mexico.
It
is the source and origin for all Mexican law. The hierarchy of sources of law
in the civil law tradition to which Mexico’s legal system belongs are,
“constitution, legislation, regulation, and custom.” The constitution will
override all legislation, legislation will override all regulation, and
regulation will override all custom.
II. Federal Government
Executive
Branch - According to the Mexican Constitution, the executive may initiate only
certain types of legislation; however, in practice, the executive branch
initiates almost all legislation, especially any legislation on any
consequence. This is the branch with the most political power.
President - This is the president’s official website,
which is also available in English. The President is elected to a six-year
term with no possibility of reelection.
Legislative
Branch - The legislative branch of the federal government is comprised of the
Senate and the Chamber of Deputies. Legislative sessions begin on September 1
and must end by December 31; although, a special session may be called by, and
only by, the Permanent Committee. The Permanent Committee is composed of 15
deputies and 14 senators, and is elected by their respective chambers at the
end of each regular legislative session.
Senate - There are two (2) senators per state. Senators are
elected by direct popular vote to a 6-year term. They cannot be reelected for
an immediately succeeding term. The Senate may initiate certain legislation.
Chamber of Deputies (Camara de Diputados) - Deputies are elected to a three (3) year
term and there is one deputy for every 250,000 people in a state.
Three-fourths of the deputies are elected by direct popular vote, with the
remaining one-fourth selected in proportion to the votes received by each
political party. They also cannot be reelected for an immediately succeeding
term.
The
Chamber of Deputies is the only branch that may initiate bills concerning
loans, taxes, imposts, and the recruitment of troops. However, in practice the
executive branch initiates almost all legislation. The official website (in
Spanish) for all such legislation can be found here. It provides
a complete collection of over 230 codes, statutes, laws, regulations and other
legal materials. The materials are all in Spanish and are updated on a regular
basis. The site lacks a search engine, but the materials can be accessed by
name and article number. I highly recommend this site for all Mexican legal
research. This site is not for the novice. The site is free.
Judiciary
Branch - The federal judiciary is governed by Articles 94 through 107 of the
Constitution and the Organic Law of the Federal Judiciary. There are no
elected judges in Mexico, they are all appointed.
Supreme Court - The Supreme Court has final appellate jurisdiction
over all state and federal courts. It is composed of 11 Justices and one (1)
Chief Justice. The justices are nominated by the President and the Senate may
approve with a 2/3 majority; however, if the Senate fails to act within 30
days, the appointment becomes automatic. The Justices are appointed with life
tenure but they may be removed by the President with the approval of the Senate
and the Chamber of Deputies.
III. Major Primary Federal Legislation
Constitution-
The Constitution calls for a federal democratic republic composed of free and
sovereign states. All power is derived from the people. There is a centralized
federal government and individual state governments. The Constitution is the
source and origin of all Mexican laws. It overrides all legislation and
codes/laws. Codes/laws override all regulations, and regulations override any
customs.
The
Mexican Constitution is based on seven (7) basic principles: a declaration of
human rights, national sovereignty, division of powers, the representative
system, a federal structure, constitutional remedies, and the supremacy of the
state over the church. The Constitution calls for an active government that
has a moral obligation to not only promote human and political rights, but also
economic, social and cultural rights. The Constitution is seen as an
instrument that should bring social change.
The
Constitution is divided into nine sequential titles. The titles are subdivided
into chapters, which are not sequential. The chapters are further subdivided
into articles, which are sequential throughout the Constitution. The
Constitution also has transitory articles. All Mexican states have their own
state constitution. The Mexican Constitution can be found in English here.
Civil
Code (Código Civil para el Distrito
Federal en Materia Común y para Todo la Republica en Materia Federal) - The Mexican Civil Code is
the most important piece of legislation after the Mexican Constitution. The
scope and coverage of the Civil Code is extremely broad. The Civil Code
reflects the revolutionary spirit and nationalism of the Mexican Constitution
of 1917. In the Civil Code, community interests override individual interests,
private property rights are not absolute, the “less able” are protected from
the "most able" (unjust enrichment) and agrarian rights are
established.
The
Civil Code consists of over 3,000 individual articles organized into books,
titles, chapters, articles and sections. There are four books in the Code;
Book 1, Persons (individuals and corporations), Book 2, Property, Book 3,
Succession, Book 4, Obligations. The Code articles are numerically arranged,
with each article getting a unique
number. This means that all you need to find a particular provision in the
Civil Code is the article number, and not the book number, title number and
chapter number. The Mexican States have their own civil codes, most of which
are copies or are based on the Federal Civil Code.
The
civil code has been translated into English; none could be found on the
Internet; one website where it is available in Spanish is here.
For Case Law (“Jurisprudenica” and “Tesis Sobresalientes”)
see Supreme Court .
Commercial
Code - The Commercial Code has wide application in Mexico. It is federal code
because commercial matters fall under federal jurisdiction. Commercial code
regulates: all commercial activity including contracts, documentary credit,
credit institutions, land and water transportation, bankruptcy and arbitration.
It also covers procedures for commercial litigation.
The
Code is organized into five books. Book 1 covers Merchants, Book 2 covers
Overland Commerce, Book 3 has been repealed (it covered maritime commerce),
Book 4 covers Bankruptcy, and Book 5 covers Mercantile Actions. The Code is
further subdivided into titles, chapters and articles (over 1460 articles).
There exists in Mexico further commercial legislation that is not part of the
Commercial Code. The Mexican States do not have their own commercial code. There
are several versions of the Commercial Code in translations.
Diario Oficial de la Federacion - In Civil Law tradition
the country’s legal matters/legislation must be published in the “Official
Gazette” before it can go into effect. The gazettes, which are legal
newspapers, are known as “diarios” or “gacetas” in Mexico, and are published on
a daily basis by the government. This is the official source for all new
legislation.
The
Diario Oficial may be found online for free but
the text is in Spanish. These are available in English for a membership fee here.
Your
law library may have them depending on their international/foreign law
collection. You may also purchase a subscription on line.
IV. Legislation Sources
- Institute for Legal Studies (Instituto de
Investigaciones Juridicas, UNAM) - The Instituto de Investigaciones
Juridicas is the foremost legal institute in Mexico and Latin America.
The site offers a comprehensive collection of not just primary materials,
but also secondary materials. The materials are in Spanish and are updated
on a regular basis. Mexican Federal and State legal materials are available.
I highly recommend this site for all Mexican legal research. Spanish and
a basic knowledge of the Mexican legal system are required to make full
use of this site. The site is free.
- Jurisprudencia Mexicana
(Grupo Universal de Derecho A.C., Instituto de Investigaciones Juridicas
de la UMAN) - This is another website that the Instituto de
Investigaciones Jurídicas maintains. The emphasis is on
"jurisprudencia" case law, which is organized by subject manner.
All of the materials are in Spanish, but the site is user friendly. I
recommend this site for "jurisprudencia" research.
- Mexican Laws in English - This site
has a good collection of laws, regulations, decrees and standards. The
main areas it covers are customs, maquiladoras, transportation, labor,
health and the environment. The value of this site is that the materials
are available in English translation. The site claims over 3,000 pages of
translated materials. This is the ideal site for people that do not speak
Spanish, but want to work with Mexican Law. This is not a free site, but
the charges are reasonable for translations.
- Library of Congress: Global Legal Information
Network - This is a very good starting point for the novice
researcher of Mexican Law. The site provides links to more than legal
information on Mexico (country reports, commerce guides, government guide,
etc.). The values of this site are the many links that lead to primary
materials. There are few documents online at this site; it is mostly made
up of very useful links. The site is updated on a regular and frequent
basis.
- Biblioteca Digital del Sistema ITESM
- This is a site created and run by the Law School at the Tec of
Monterrey. The site is in Spanish and offers Mexican primary legal
materials and secondary legal materials. There are many good legal studies
available at this site. Some services are restricted to Tec Students and
Tec Faculty.
- Internet Law Library: Laws of Other Nations:
Mexico (in Spanish) - Legislation site; provides the user with
the Mexican Civil Code, the Federal Constitution, its reforms and the most
recent Constitution, as well as the different State constitutions, etc.
This is a very comprehensive site.
- National Law Center for Inter-American Free Trade
- This is the most complete Mexican Law site that I have found. The
collection of primary and secondary legal materials available is
comprehensive. The site has laws, regulations, decrees, standards and
secondary resources. It also has access to the “Diario Oficial” on a
daily basis. There are translations available at this site. Translations
are also available upon request. The site has a search engine that makes
for easy access to the materials. This is a one-stop store for Mexican
legal materials. This site is ideal for the serious researcher, whether
he/she might speak Spanish or not. This is not a free site, but the fees
are very reasonable.
V. Official Mexican Government Websites
- This website provides links to
various Mexican governmental websites, including the official federal
ministries and federal agencies sites, state sites, etc.
- El Portal Ciudadano del
Gobierno Federal Mexicano - This is the official Mexican
Government website. The site is a complete source for information on
Mexico and has a very good legal section. This is a "must" view
site for anyone doing research on Mexico. The materials are in Spanish
and the site is free.
- Governments on the WWW: Mexico - This
is the most extensive collection of links to the Mexican Government that I
have found on the net. The site is divided into: Federal Institutions,
State Institutions, City Institutions and Representations in Foreign
Countries. The materials are mostly in Spanish.
- Law Research -
This site is a collection of links to many federal and state government
offices in Mexico. The list is extensive and lists more government offices
than you normally find on any one site. The site also has links to
Mexican legal primary materials and secondary materials. The site has a
search engine that helps a great deal to find what you may need. This
site is a very good resource for people interested in the Mexican
Government’s structure and functions. Most links are to Spanish language sites.
- BANCOMEXT - This site contains links
to Mexican Government Agencies and Information. The list of government offices
is comprehensive. Some state agencies are included, which adds to the
value of this site. Also included are links to some of the top
educational institutions in Mexico. Most of the information is in
Spanish.
- This site (in
Spanish) provides a list of different governmental agencies and links to
their websites.
VI. Political Parties
- Partido Accion Nacional (in Spanish) –
This site includes basic information on the party, its history, its
different candidates and elected officials, how to become a member of the
party; the party’s views on “female politics” and issues relating to
juveniles.
- Political Database of the Americas - This
database is mainly a collection of links to information on Mexico’s
political system. This database is organized around seven major subject
headings: (1) Constitution, (2) Electoral System, (3) Civil Society, (4)
Political Parties, (5) Executive Institutions, (6) Legislative
Institutions and (7) Judicial Institutions. Most links are to primary
materials in Spanish. The federal coverage is good, but the state
coverage is very limited.
VII. State Governments
Each Mexican State has its own “Diario”. They are
also known as “gacetas” and “boletines”.
States
- Aguascalientes - (in Spanish ) This
website provides “Leyes Estatales” (State Laws), “Leyes Federales”
(Federal laws), “Códigos Estatales (State Codes), “Reglamentos Estatales”
(State Regulations) and a section that contains decrees, accords and other
legal documents required in the legal system of the state of
Aguascalientes.
- Baja California-(in Spanish) Official
State website for Baja California. This site provides information on the
State government’s structure, organization, and provides a link to the State’s
constitution and its laws, which are made available in PDF form. There is
also information on the climate, tourist attractions, and the education
system in Baja California.
- Baja California Sur-(in
Spanish) Official State website for Baja California Sur. This site
provides information on the State government’s structure and organization,
and provides a link to the State’s constitution and its laws, which are
made available in PDF form. There is also information on the climate and
tourist attractions, and the education system in Baja California Sur.
- Campeche – (in Spanish) This site
provides information on the government, tourism, and links to
the different State governmental agencies.
There is a link to the State Attorney General, once
there you can access pages on how to report
different crimes and on crime prevention. You can
search the site - also there is a link to
the legislature, which provides its history, the current
legislation as well as a directory of the
different commissions and committees.
- Chiapas – (in Spanish) There is a
link to the Judicial Library that provides the different State laws
including the State constitution and also the Federal Constitution
on-line.
- Chihuahua – (in Spanish) This
website provides information on the history, government, and tourism of
the State. It also has a link to the different government agencies including
the judicial branch and specifically to the Attorney General’s website.
- Coahuila-(in Spanish) This website is
operated by the state legislature and is a very complete site for
juridical state information. It contains all state legislation (laws,
codes, regulations, etc.) and municipal legislation for selected cities
and towns. The materials are arranged by general topics which require
going through several screens to get to the desired materials. A reading
knowledge of Spanish is required for this website.
- Colima- (in
Spanish) This website belongs to the state congress and offers access to
the state constitution, laws, regulations and selected city/town
statutes. Also included in this website are state government’s actions
and news. This is a very complete website for Colima legal research.
- Distrito Federal – (in Spanish) This site has an
option to translate into English, but it is not a good translation at all.
It is an official website that supplies the state’s law.
- Durango-(in
Spanish) This is a comprehensive website with all state laws not only
listed, but annotated. You can do keyword and subject searching. There
are also secondary materials found at this site. This is a very well
planned and maintained website. A person with a reading knowledge of
Spanish can navigate this site without problems.
- Guanajuato – (in Spanish) The
State’s laws are available on this official website.
- Guerrero - (in Spanish) One can access
their legislative page by first clicking on “gobierno”.
- Hidalgo- (in
Spanish) This is a comprehensive website with all state laws, decrees,
resolutions and accords not only listed, but annotated. You can do
keyword and subject searching. There are also secondary materials found at
this site. This is a very well planned and maintained website. A person
with a reading knowledge of Spanish can navigate this site without
problems.
- Jalisco – (in Spanish) This is a
very comprehensive site. Not only does it present a history of the law,
it also makes available the different laws, the constitution, and the make
up of the congress among other things.
- México State-(in
Spanish) This website is very complete and well organized for legal
research for the state of Mexico. A person with just a rudimentary
knowledge of Spanish can navigate this website with ease. The website
could set the standards for all state legal materials in Mexico and the
United States.
- Michoacán – (in Spanish) This site
does provide the state’s codes, laws and constitution, but it is not easy
to find initially. Click on “Gobierno”, “Poder Ejecutivo” then “Legislación
Estatal” and once there, go to the index (“Índice General”) this will
provide you with a list of the information.
- Morelos- (in Spanish) This website offers
an alphabetical list of all state codes and laws. You can review the list
and find what you need with no problems. This website does require a
basic knowledge of Spanish since there is no subject or keyword search
option.
- Nayarit-(in
Spanish) This website has laws and regulations that can be searched by
keyword and title. There is also information on all three state powers
and their dependencies. A person with a reading knowledge of Spanish
can navigate this site without problems.
- Nuevo León – (in Spanish) From this
official site’s homepage, one can go directly to the state’s laws, codes,
regulations and constitution by clicking on “Leyes y Reglamentos”. The
documents are available in html format and PDF format.
- Oaxaca-(in
Spanish) This website has federal, state and municipal laws. The laws are
listed by title with references to the latest reforms. There is also a
section for new laws. A person with a reading knowledge of Spanish can
navigate this site without problems.
- Puebla – (in Spanish) Find laws,
constitution and regulations under “Legislación Vigente”.
- Querétaro- (in
Spanish) This website has state laws, decrees, accords and regulations.
The materials are listed alphabetically by title. All state government
entities are listed with their relevant legislation. This is a very
complete juridical state website. A person with a reading knowledge of
Spanish can navigate this site without problems.
- Quintana Roo – (in Spanish) Once at
the homepage, click on “Legislación,” that will take you directly to where
the laws, constitution and regulations are posted.
- San Luís Potosí-(in
Spanish) This website has laws and regulations that can be searched by
keyword and title. There is also information on all three state powers
and their dependencies. A person with a reading knowledge of Spanish
can navigate this site without problems.
- Sinaloa – (in Spanish) The laws and
codes are easy to find. After entering the site, click on “Transparencia”
and then “Leyes y Códigos”.
- Sonora – (in Spanish) There is an
English version that is currently under construction.
- Tabasco-(in
Spanish) This website has laws and regulations that can be searched by
keyword and title. The site also has state case law. The site is user
friendly and very easy to navigate. A person with a reading knowledge of
Spanish can navigate this site without problems.
- Tamaulipas – (in Spanish) There is a
link to the laws and constitution on the homepage.
- Tlaxcala – (in Spanish) One can get
directly to the laws from the homepage.
- Veracruz – (in Spanish) In order to
find the legal information, you need to search for “leyes” which will
provide a very comprehensive list. There is an option to view the site in
English; however, there is a limited amount of information you can access
in English.
- Yucatán – (in Spanish) Go to
“administración” and at the bottom of that page click on “leyes y normas,”
which appears in very fine print. Not many of the laws are provided
although the constitution is.
- Zacatecas – (in Spanish) Once at the
homepage, go to “poder legislativo” to find the law. However, you will
only find the law granting the different branches power and the
constitution.
VIII. NAFTA
- PRECISA.GOB.MX - This site is dedicated to
Mexican Government's Websites and to the Mexican State Governments.
- NAFTA: Mexican Ministry of Economy, Embassy of
Mexico, Washington D.C - This site’s purpose is to “promote
exports and foreign investment in Mexico, to assist companies to do
business with Mexico, and to follow up-to-date Mexico-U.S. trade
relations.” The site is more business-related than legal, but the
information is up-to-date and gives good coverage of NAFTA’s legal issues.
The information is in English.
- NAFTA Information; NAFTA Information Center; U.S.
Customs Service - This site was created to “provide the import
and export community and the Customs Service with accurate information on
NAFTA Agreement”. The site is trilingual and is more business-related
than legal.
- United States Department
of Homeland Security, NAFTA-This website is operated by the United
States Department of Homeland Security. The site is comprehensive and
geared to the practitioner. It contains the agreement, which can be
searched by keyword, and all relevant documents such as annexes,
legislative history, harmonized tariff schedule, certificates of origin,
appeals information, NAFTA guides, relevant links and other free trade
agreements of the United States. I recommend this website to all
persons researching NAFTA or working with NAFTA.
- United States Immigration
Service Center: NAFTA - This site has comprehensive information
on the immigrations issues associated with NAFTA. There is information on
the procedures and requirements for temporary movement of professionals.
- Office of the United
States Trade Representative NAFTA-This website is operated by
the Office of the United States Trade Representative NAFTA Section. Much
useful information on NAFTA can be found at this site. It also offers
access to government experts on NAFTA. I recommend this site to persons
interested in participating in NAFTA trade.
IX. Overall Coverage of Mexico
- Mexico Online (in English) - This website
provides excellent basic overview of how the Mexican Legal System is set
up and functions. There are overviews provided on Immigration, Criminal,
Property law, etc. The site is ideal for students or lawyers who
practice. It is a very good site that gives the basics, and a site that
can be a starting point. Also provided is, “Mexican Laws in English” that
includes some laws and the implementation, but not many. Also supplies a
list of lawyers and links to their sites.
- A Mexican Legal System: Immigration Laws
(in English)
- Mexican Legal System: Overview (in
English) -Compares Mexico’s Civil system to the United States’; brief
overview of Mexican litigation and courts; and who are the key players.
- International Law Topic Area (in English)
- Provides some info on Mexican Real Estate law and the Mexican Foreign
Investment Act of 1993.
- Latin American Network Information Center
- This site offers general comprehensive coverage of Mexico. It also
offers a NAFTA site. Legal matters are covered, as well as many other
areas of interests. This is a good site for anyone interested in Mexico,
be it legal or non-legal information. This is a complete site on Mexico
and NAFTA.
- Library of Congress: Federal Research Division;
Country Studies - This site is not a legal site, but a general
information site on Mexico. The history of Mexico is organized in the
form of a detailed outline with links to the body of the text for each
outline topic. The historical periods covered in the outline go from the
pre-conquest of Mexico to the present. The site has a search engine that
makes for easy access to the material. The site is updated on a regular
and frequent basis. All on-site materials are in English.
- Department of State:
Office of Mexican Affairs - This is the official site of the
United States Department of State. The site contains vast amount of
information on Mexico on the following topics: Bilateral Relations,
Business Information, NAFTA Information, the Mexican Government, and on
the many websites (links) that have Mexican legal/commercial information.
The Country Reports, Commercial Guides, Travel Information Sheets and the
Visa Requirements are examples of useful information found at the site.
Information is found both in English and Spanish.
- Mexican Law: The Best Mexican
Web sites - This is a website created by Jorge A. Vargas of the
University of San Diego School of Law. Mr. Vargas states that his site
will provide the reader with the best, “web sites in English containing
legal and historical information about Mexico”. This is a quality website
with information for the advanced researcher as well as for the novice
researcher.
- Mexico Business Opportunities and Legal
Framework (BANCOMEXT and Goodrich, Requelme and Associates) - This
sites consists of a guide to doing business in Mexico. All of the aspects
of doing business in Mexico are considered such as: General
Considerations, Investment Framework, Directs Sales, Exports From Mexico,
Direct Investment, Exchange Controls, Dispute Resolution, Real Estate,
immigration, etc. This is a must view site for anyone considering doing
business in Mexico.
- A Treatise for The Legal Practitioners and
International Investors. This is the electronic version of
Jorge A. Vargas’ “A Treatise for the Legal Practitioners and International
Investors”, published by the West Group. The coverage of Mexican legal
materials in this site is comprehensive. English language materials are
mentioned when they exist, primary and secondary. I highly recommend this
site to any person interested in doing business with Mexico.
- Guide to basic research
on Mexican law in Tarlton Law Library. This website is
operated by Jonathan Pratter, Foreign & International Law Librarian at
the Tarlton Law Library. The website is a one stop resource center for
legal information on Mexico at the federal level and at the state level.
Available English language primary materials are listed by Mr. Pratter.
I highly recommend this website to any person interested in the Mexican
Legal System.
- Library of Congress
Research Guide to Law Online. This is a website with hot links
to Mexican legal materials from the Mexican Constitution to Children’s
Rights in Mexico. The guide is Organized around the following subjects: Constitution,
Executive,
Judicial,
Legislative,
Legal Guides and General Sources.
X. Free Translation Sites
This site – Babelfish - is pretty decent/better than
most other translation sites. This site is as good as other free translation sites.
The Google Translate
site is a good site that I would recommend. This site is as good as other free
translation sites.
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