The legal landscape in Mexico is undergoing a momentous transformation with the enactment of the National Code of Civil and Family Procedures on June 7, 2023, which is set to revolutionize the administration of justice in the country. This legislative change, detailed in the Official Journal of the Federation, marks the beginning of a new era in the resolution of civil and family disputes in Mexico.
One of the most intriguing features of this implementation is its gradual process. According to the second transitory provision of the Decree, both federal and local governments in Mexico will have until April 1, 2027 to adapt to the new code. This transition period ensures effective adoption and a smooth transition to the new legal framework.
In the case of the Federal Entities, the entry into force of the National Code will be determined by a declaration issued by the Local Congress, upon request of the Judicial Branch of the corresponding State. This process ensures implementation tailored to the specific needs of each region, providing flexibility within the national legal framework.
It is important to note that there will be a maximum of 120 calendar days between the issuance of the declaration and the entry into force of the National Code. This period is established to ensure adequate preparation and dissemination of the new legal framework. However, in the event that the declaration is not issued within the established term, the entry into force will be automatic throughout the national territory on April 1, 2027, thus ensuring the continuity of the legal reform process.
The adoption of the National Code implies the abrogation of the Federal Code of Civil Procedures and the civil and family procedural legislation of the Federal States. This step marks the end of an era and the beginning of a new legal paradigm, designed to streamline and modernize judicial procedures in the country.
In addition, it is important to note that civil and family proceedings that are ongoing at the time of the entry into force of the National Code will continue under the law applicable at the time of their commencement, unless the parties decide to opt for the regulation of the new code. This provision ensures legal certainty and respect for acquired rights during the transition process.
In summary, the National Code of Civil and Family Procedures represents a significant milestone in Mexico’s legal system, promoting efficiency, transparency and equity in the administration of justice. Its gradual and carefully planned implementation ensures an orderly transition to a fairer and more accessible legal future for all citizens.
