The Juicio Ejecutivo Mercantil in the Federal District Courts of Mexico : A Study of the Uses and Users of Justice and Their Implications for Judicial Reform

The report reviews the research conducted in Mexico's Federal District courts on the summary debt collection proceedings - Juicio Ejecutivo Mercantil (JEM) - as a result of a specific request from the Government, to study the judiciary's...

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Bibliographic Details
Main Author: World Bank
Language:English
en_US
Published: Washington, DC 2013
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2002/06/1979347/mexico-juicio-ejecutivo-mercantil-federal-district-courts-mexico-study-uses-users-justice-implications-judicial-reform
http://hdl.handle.net/10986/15376
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Summary:The report reviews the research conducted in Mexico's Federal District courts on the summary debt collection proceedings - Juicio Ejecutivo Mercantil (JEM) - as a result of a specific request from the Government, to study the judiciary's impact on contract enforcement, as well as because of the Bank's assistance strategy, which emphasizes on supporting improved governance, and an enabling environment for private sector development. Following an introductory chapter, the second chapter briefly summarizes debates about judicial reform, and their political, theoretical, and empirical foundations, while chapter 3 discusses the objectives, and methodology of the study. Chapter 4 provides an overview of the Mexican judicial system, and Federal District courts. Starting with Chapter 5, the most important research findings are reported: it analyzes the users of the commercial justice. Interestingly, the principal parties to the proceedings are individuals, claims are relatively small, and, a 90 percent of those cases where a judgment is delivered, favors the plaintiff. Chapters 6, 7, and 8 report findings on the trajectory of JEM cases, and its dynamic perspective, that assumes different paths, and reaches diverse outcomes. Some of the recommendations include improved supervision regarding bailiffs resolution; formalization of execution proceedings, and, reconsideration of the nature of due process guarantees in commercial proceedings.