On January 31, 2025, the Mexican Supreme Court of Justice published a key jurisprudence on the retention of assets as a precautionary measure in the Commercial Code. This decision is particularly relevant for corporate legal teams, as it impacts the way in which precautionary measures can be requested and executed in commercial litigation.
What does this case law establish?
The Supreme Court determined that the withholding of assets under Article 1169 of the Commercial Code can only be applied to third parties when they act as administrators, partners or guardians of the debtor. However, the personal assets of these third parties cannot be affected, only those that are part of the debtor’s assets and that are under the administration or guardianship of the debtor.
Why is it important for your company?
- Greater legal security: Protects managers and partners of companies from unjustified withholding of their personal assets in commercial disputes.
- Clear limits in litigation: Allows better structuring of the defense and legal strategy in proceedings where precautionary measures are sought.
- Avoids abuses in commercial lawsuits: Reinforces the need for precautionary measures to be proportional and directed only against the debtor’s assets.
Recommendations for corporate legal teams
- Review corporate structures and asset management within the company to avoid unnecessary risks.
- Evaluate strategies in litigation where precautionary measures are intended to be requested or faced.
- To train legal teams and managers on the scope of this new jurisprudence and its impact on commercial disputes.
At Vega, Guerrero & Asociados, we have a team specialized in commercial litigation and procedural strategies to help your company mitigate risks and strengthen its legal protection.
For more information on how this case law may affect your company, please do not hesitate to contact us.
Sincerely,
Vega, Guerrero & Asociados
Commercial Litigationand Dispute Resolution
