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July 31, 2024
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.
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