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 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.
| 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. |
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