Video

  • 25 minutes

Overview of the Mexican Legal System and Differences With the U.S. System

 
The U.S. and Mexican legal systems are very different. The U.S. has a common law system and Mexico uses a Napoleon Code System. In Mexico, in general, appellate judicial decisions have no legally binding effect (except “jurisprudence” in limited cases). Mexican judges’ role is to consult applicable law or code, review facts and render decision. Mexican judges view themselves as appliers of law and not creators of law, like in the U.S. system. The Mexican judicial system is similar to the U.S. in that they have a Supreme Court, with 21 magistrates, 32 circuit tribunals, and 98 district courts, with one judge each.

In this video our speaker, Laura M. Nava, reviews important general considerations including real estate transactions must be governed by Mexican law (no choice of law option); legal names of laws, codes and judicial figures may be identical in both systems but are considerably different in substance and scope; and others. Ms. Nava also discusses forms and formalities.

Laura M. Nava is an attorney with Dentons US LLP. Her practice focuses on assisting clients with Mexican trade, financing and investment transactions. She practiced law in Mexico from 1989 to 1996, as in-house corporate counsel for a Mexican company and in Tijuana, Mexico, as an associate for a corporate law firm, working primarily in the areas of corporate law, real estate law, labor law and foreign investment.
Runtime: 25 minutes

Faculty

Laura M. Nava

Laura M. Nava

Sheppard, Mullin, Richter & Hampton LLP

Agenda

Faculty

Laura M. Nava

Laura M. Nava

Sheppard, Mullin, Richter & Hampton LLP

  • Attorney at Sheppard, Mullin, Richter & Hampton, LLP
  • Practice focuses on assisting clients with Mexican trade, financing and investment transactions
  • Admitted to practice law in Mexico and registered as a foreign legal consultant with the State Bar of California for advice on Mexican law
  • Practiced law in Mexico from 1989-1996, as in-house corporate counsel for a Mexican company and in Tijuana, Mexico, as an associate for a corporate law firm, working primarily in the areas of corporate law, real estate law, labor law and foreign investment
  • Member of U.S. Mexico Bar Association, Institute of the Americas and Phi Delta Phi
  • Licensed in New York
  • Acts as mediator in cross-border disputes and matters involving Latin-American individuals and entities
  • LL.M. degree, University of San Diego; J.D. degree, Universidad de Monterrey

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