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The limits of commercial freedom of contract in Mexico.
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.
FOR FURTHER INFORMATION ON THE CONTENT OF THIS NEWSLETTER, PLEASE CONTACT:
Alejandro Luna F.
Partner
Alejandro Luna joined OLIVARES in 1996 and being made partner in 2005, he has been instrumental to the firm’s IP Litigation, Regulatory, and Administrative Litigation practices. He co-chairs the Life Sciences & Pharmaceutical Law industry group and coordinates the Litigation Department.
Armando Arenas
Partner
Armando Arenas joined OLIVARES in 2000 and became a partner in January 2017. He has experience working on a range of IP matters, including consulting and litigation on trademark, patent, unfair competition, trade dress protection, and misleading advertising cases before the Mexican Institute of Industrial Property (IMPI), Federal Court of Tax and Administrative Affairs (FCTA), Federal Circuit Courts (FCC) and the Supreme Court of Justice (SCJ) Regulatory Affairs and Public Acquisitions.
Abraham Díaz
Partner
Abraham Díaz is a partner and co-chairs OLIVARES’ Privacy and IT Industry groups and has a wealth of knowledge across all areas of intellectual property (IP), with a focus on copyright, trademarks, unfair competition, litigation, licensing and prosecution matters.
Jaime Rodríguez
Partner
Jaime Rodriguez joined OLIVARES in 2007 and became a partner in 2023. He has extensive experience in copyright, litigation, trademarks, unfair competition and domain name dispute resolution, and this versatility has allowed him to participate in a variety of relevant matters and cases pertaining to different areas of intellectual property.
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