14 June 2023
On June 7, 2023, the decree issuing the National Code of Civil and Family Proceedings (“CNPCF” for its acronym in Spanish) was published in the Federal Official Gazette, which seeks to standardize the procedural rules of the federal entities so that all the different procedures that are carried out in the states of the country are concentrated in a single procedure.
Additionally, the CNPCF seeks to increase the accessibility of judicial proceedings in civil and family matters, including divorce, custody, inheritance, alimony, family violence, among others. The foregoing is of great relevance, since, if it is taken into account that this type of lawsuits make up about 70% of the lawsuits in Mexico, it is pertinent to infer that by homologating a single national code of procedures, such processes will be more efficient, as well as the administration of justice will be effective in a prompt, complete, impartial and expeditious manner, in compliance with the constitutional principles of administration of justice.
Background
Last April 11, 2023, after years of judicial delays, the draft of the National Code of Civil and Family Procedures was unanimously approved by the Joint Commissions of Justice and Second Legislative Studies of the Senate. On the following day, the Plenary of the Senate also gave its full approval to the bill, which was then forwarded to the House of Representatives for its vote.
Implementations
This new regulatory framework gives priority to oral proceedings and effective access to justice, following the constitutional principles of prompt, complete, impartial, and expeditious justice.
In addition, the CNPCF aims to promote orality, as it integrates a model that promotes the digitalization of justice and the use of information technology in judicial proceedings, which means that trials may be conducted through electronic means. This change involves filing documents, sending, and receiving communications, participating in hearings, and possibly even resolving disputes, all completely online and remotely.
This new code also seeks to implement digital signatures and respect for human rights, as well as the safeguarding of those in a position of vulnerability.
In the family setting, aspects of restorative justice can be identified, which implies that the parties recognize the presence of a conflict, accept their responsibility, and participate in both the reparation of damages and the reorganization of family dynamics.
Transitory
The application of the CNPCF will enter into force gradually, in the following order:
- At the Federal level, in accordance with the declaration made by the House of Representatives and Senate that make up the Mexican Congress, upon request of the Federal Judicial Branch, without its entry into force exceeding April 1, 2027;
- In the states, each time the local congress of such state issues the declaration, prior request of the Judicial Branch of the corresponding state, without exceeding April 1, 2027.
With the entry into force of the CNPCF, the Federal Code of Civil Procedures will be repealed, as well as the civil and family procedural legislation of the Mexican states.
With the entry into force of the CNPCF, the Federal Code of Civil Procedures will be repealed, as well as the civil and family procedural legislation of the Mexican states.
In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.
52-81-24748538
www.j-bravo.com
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