ARTICLE
9 August 2024

The Limits Of Commercial Freedom Of Contract In Mexico

O
OLIVARES

Contributor

Our mission is to provide innovative solutions and highly specialized legal advice for clients facing the most complicated legal and business challenges in Mexico. OLIVARES is continuously at the forefront of new practice areas concerning copyright, litigation, regulatory, anti-counterfeiting, plant varieties, domain names, digital rights, and internet-related matters, and the firm has been responsible for precedent-setting decisions in patents, copyrights, and trademarks. Our firm is committed to developing the strongest group of legal professionals to manage the level of complexity and interdisciplinary orientation that clients require. During the first decade of the 21st century, the team successfully led efforts to reshape IP laws and change regulatory authorizations procedures in Mexico, not only through thought leadership and lobbying efforts, but the firm has also won several landmark and precedent-setting cases at the Mexican Federal and Supreme Courts levels, including in constitutional matters.
In Mexico, freedom of contract related to acts of commerce was considered absolute.
Mexico Litigation, Mediation & Arbitration

In Mexico, freedom of contract related to acts of commerce was considered absolute.

However, in a recent decision of the Mexican Supreme Court of Justice, it was determined that, when exercising this commercial contractual freedom, including material goods and property rights, the rights of third parties must be observed, and the laws, public order, social interest and equality between the parties must be respected.

Likewise, the Supreme Court ruled that the freedom in the acts of commerce cannot go against the fundamental principles and rights protected by the laws, which does not conflict with the scope of the autonomy of the will of the merchants.

In the civil and commercial litigation team of OLIVARES we will continue to follow the relevant criteria of the Supreme Court of Justice that contribute to the legal advice we provide to our clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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