Mexican Law in California and Texas Courts and the (Lack of) Application of Foreign Law by Mexican Courts

44 Pages Posted: 13 Jan 2009  

Jorge A. Vargas

University of San Diego School of Law

Date Written: January 12, 2009

Abstract

This article is divided into two parts: part one reports the results of a survey conducted in California and Texas to find cases where Mexican law was applied by the court. The number of cases found where Mexican law governed the case was insignificant and statistically negligible. The second part discusses the cases when, under the Mexican Federal Code of Civil Procedure, foreign law may be applied by Mexican courts in a given case. Although this federal code permits the application of foreign law (including U.S. law) under certain situations, a survey that reviewed cases decided by the courts of the six Mexican states bordering the United States, in addition to Mexico City, between 2006 and 2008, indicated that Mexican courts did not render any judgments based on foreign law during that period of time.

Keywords: mexican law, foreign law in mexico, mexican law in US courts, foreign law in US courts

JEL Classification: K00, K10

Suggested Citation

Vargas, Jorge A., Mexican Law in California and Texas Courts and the (Lack of) Application of Foreign Law by Mexican Courts (January 12, 2009). San Diego Legal Studies Paper No. 09-004. Available at SSRN: https://ssrn.com/abstract=1326547 or http://dx.doi.org/10.2139/ssrn.1326547

Jorge A. Vargas (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

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