CIVIL and LEGALTECH. Civil and Familiar Procedure National Code June 8, 2023
On June 7th, 2023, the Civil and Familiar Procedure National Code (CFPNC) was published in the Official Gazette of the Federation (OGF), which purpose is to establish a single civil and familiar procedural regulation based on the human rights set forth in the Mexican Constitution and International Treaties.
We consider that the importance of the CFPNC is based on the fact that the legal controversies related to the most common issues lie in civil and familiar matters. According to the recent National Census of the Administration of State Justice of the National Institute of Statistics and Geography, more than 65% of the cases processed in the first instance in all the Judicial Courts of the States were in said matters.
The CFPNC establishes specific provisions for all trials and procedures that will be predominantly oral, such as: (i) Civil Ordinary; (ii) Civil Summary; (iii) Civil Executive; (iv) Special Mortgage; (v) Special Real Estate Lease; (vi) Arbitration Trial, among others, which we estimate that should expedite and improve the processing and resolution of such trials.
Special provisions are established for the exercise of the preparatory means in the civil executive trial for alleged debts and the content of a document or the signature embodied in it is recognized.
Its states the bases for the preparation of the arbitration trial when an arbitration clause has been established in an agreement, but the arbitrator has not been appointed.
All procedures regulated by the CFPNC may be processed online (i.e. Internet), which situation we consider highly relevant, since the digitization of justice is encouraged throughout Mexico, through the use of the advanced electronic signature, the holding of virtual hearings and virtual proceedings, as well as the importance of documents generated by electronic, digital or optical means.
The application of the CFPNC will enter into force at the federal and local levels when the Federal Congress and the Local Congresses issue certain Declarations no later than April 1st, 2027, respectively.
The Declarations must indicate the date on which the CFPNC will enter into force and must be published in the OGF and in the Official Gazettes of the States, as appropriate.
Between the Declarations and the entry into force of the CFPNC there must be a maximum period of 120 calendar days (i.e. vacatio legis). In all cases in which the Declarations have not been issued, the entry into force of the CFPNC will be no later than April 1st, 2027.
Consequently, once the CFPNC enters into force, the Federal Code of Civil Procedures will be abrogated, as well as the civil and familiar procedural legislation of the States.
There will be a reasonable period for the different Judicial Courts to implement the necessary measures for the due observance and application of this new system of common oral justice, which will cause a challenge for individuals and legal entities with the purpose of promoting digital justice for the resolution of their controversies, as happens in administrative matters.
Mexico City, June 8, 2023