Commercial Contracts in Mexico

In: Business and Management

Submitted By davidmccarthy
Words 2982
Pages 12
1. General Conditions

Under Article 1793 of the Civil Code for the Federal District and 7524 for the State of Mexico: “A kind of agreement that produces or transfers rights and obligations”. So we can say that a commercial contract is an agreement between two or more wills that creates or transfers rights and obligations of a commercial nature, an agreement of 2 or more wills on the production or transfer of rights and obligations, requiring that these wills have an outward manifestation with expressed or implied consent.
Their legal nature is based on the presence of a dealer on any of the parties, due to its purpose being the industry, commerce or for the commercial mater of the object to which it refers.
Article number 1794 (of the Civil Code for the Federal District) requires consent and an object in order for the contract to exist. Under articles number 1825 and 1826 the object must exist in nature, be determined or determinable and be in commerce (future objects may be subject of contracts as well).
Usage and custom is defined as the result from the practice of traders so that they can become considered true law. Their uniform and continuous practice, make rules to be observed as existing law, but they cannot repeal mercantile laws themselves and be contrary to the principles of public policy. The practice is considered a source of DM autonomous and does not need the recognition of the legislator or judge, and changes to the wording of the new social needs. (Cco. Arts. 280 y 1132.)
The uses are autonomous and independent provisions. They are classified into conventional (allow us to know the will of the parties in business relationships or contracts) and normative (imply the result of the practice of traders). In Mexico commercial usage is subsidiary of extra sources of commercial law, some authors consider it to be the primary source because it derives…...

Similar Documents


...Mexico is located next to America, and is a very unique country to do business in. When I say business in Mexico many of you can think of reasons why not to do business there. I’m sure most of you have heard at least one story about drug trafficking or violence happening in Mexico. And its true! Corruption is prevalent! Mexico is in fact majorly lagging in promoting the rule of law and strengthening the legal framework so this can be a risk for firms. Also, there is problem of monopoly power in key sectors of the economy. This means it is difficult for businesses to enter the market. But what many of us didn’t know are the reasons why you should do business is mexico is that it is the 50th freest economy with improvements in investment freedom, trade freedom, and monetary freedom since last year. Moreover the regulatory framework has been reformed to facilitate entrepreneurial activity. Mexico is also well known for its cheap labour and its proximity to the US which can prove handy to firms. When doing business in Mexico it is important to be aware of their strict traditions and customs. We broke down Mexico’s culture into sections using Hofstede’s dimensions and basically we want to share a few tips with you if any of you do end up doing business in Mexico. So the main language in Mexico is Spanish, but English levels vary so a Spanish translator can be helpful. Also Mexico is also considered a collectivistic society so business relationship in Mexico is very......

Words: 463 - Pages: 2


...En el gobierno de Portillo se empezó con las dificultades para México y con ello un bajo crecimiento económico a comparación de lo que se vio en la época dorada de México. Un excesivo gasto de gobierno, seguido de un tipo de cambio fijo que dificultó el panorama económico de México, además que se tenía una deuda externa no manejable. Al entrar el gobierno de Miguel de la Marid la prioridad era disminuir o negociar el pago de la deuda extranjera, además de combatir las altas tasas de inflación que se presentaban dentro del país. El primer paso fue la reestructuración de la deuda y esto se logró dejando a empresas extranjeras comprar la deuda y establecerse en el territorio mexicano, y con la compra de bonos de Estados Unidos, es decir, cambiando capital por capital y México únicamente pagaba los intereses de los bonos americanos; a esto posteriormente se le conoció como el Plan Brady. El segundo paso era disminuir la inflación y se logró apreciando la moneda, se cambio a un tipo de cambio “semifijo” y con el Pacto Solidaridad. Este último fue el de mayor impacto, pues se acordó con los sindicatos, empresas y junto con el gobierno a no subir los precios y también al entrar al TLCAN se hizo el objetivo de disminuir aun más la inflación. Anteriormente México contaba con un proteccionismo que ayudaba de cierta manera a la productividad interna del país, además se contaban con varias empresas públicas, sin embargo, debido al alto porcentaje destinado al gasto de gobierno y a......

Words: 991 - Pages: 4


...2003 Country Analysis: Mexico The Mexican Information Technology (IT) outsource software services sector is a USD $30 million1 industry. Although the industry is quite small compared to behemoths such as India and Russia, Mexico has unique advantages which it can exploit to vault it into serious consideration for offshore software outsourcing. The chief among them is the proximity to the US market, the North American Free Trade Act (NAFTA), low-cost qualified personnel, and access to the Latin American market. The advantages of Mexico's proximity to the US is that not only is it easy to access Mexico from almost anywhere in the continental US, but many Mexican and American firms already have extensive experience working together. This familiarity breeds similar business cultures and allows for US firms to be comfortable in outsourcing key software processes to Mexican firms. Another big advantage for Mexico is NAFTA. NAFTA allows the free flow of goods and services between Mexico, Canada and the US. NAFTA also protects intellectual property rights in all three nations. This legal framework gives some assurance to US firms that the software developed by Mexican firms will not be misappropriated for other uses. A final advantage is that Mexico is an ideal point for accessing the vast Latin American market due to similar language, culture and knowledge of that market by Mexican firms. Even with all these advantages, there are reasons why Mexico only exports......

Words: 964 - Pages: 4


...Trucks Commercial – Van Damme Initially ı will clarify The Volvo Trucks – Van Damme commercial into 4 parts. These are originality , validity , new ( innovative value ) and targeted . I Choose Volvo Trucks – Van Damme commercial because of high quality harmony. First ı will talk about this commercial from originality . If ı look Volvo Truck commercial ı see brilliant originality. Its original , unique and never done before. At the beginning of the Volvo Truck commercial ı supposed the video is Van Damme film trailer but later ı see two Volvo trucks and heard impressive music. I think its very impressive and effective for audience. It started mysterious and thought-provoking. The effect of music have great role. Now ı want to talk about the second part. I think The Volvo Truck commercial is very validity. It say and gives validity messages. The message is smooth and comfortable drive. Today’s world comfort and the attentive driving significant role of human life so Volvo commercial give valid messages from people. The slightest mistake can affect human life. In this commercial Volvo says about the Volvo trucks safe driving. Volvo truck commercial say something new and gives message. It innovative and creative. It tells the viewer something new gives new messages. Volvo says my trucks innovator, smooth and safe. Volvo commercial targeted. It give message from other opponents and lots of people see and like this commercial. Its......

Words: 381 - Pages: 2


...La situación actual de los indígenas en México |a) |b) | |[pic] |[pic] | |agua entubada – fließend Wasser, drenaje - Abwassersystem | | | | | |c) | | |En Metlatónoc, Guerrero, la pobreza arrasa a los indígenas nahuas. Viven en esta | | |comunidad donde la marginación alcanza los mayores índices del país. Los niños no acuden | | |a la escuela, pues desde los cinco años acompañan a sus padres a los labores del campo. | | |Familias de hasta nueve integrantes viven en casuchas de dos por dos metros, con piso de | | |tierra y construidos de ramas, varas y hojas de palma. Carecen de servicios básicos como | ...

Words: 352 - Pages: 2


...War on Drugs in Mexico In Monterrey, Mexico lives Sister Consuela Martinez, a nun, and one of the few people not afraid to speak up against the violence caused by the drug cartels. Fourteen years ago, she came home to find cats on her front porch, all with slit throats, and a little message saying that she would be next. But surprisingly, she is still well and alive today. Most people who speak against the cartels do not live long. When issues are brought to public eye, cartels tend to lose profit. With publicity comes less freedom to conduct business in their own manner, so the cartels cut out the source (LA times). Beheadings and kidnappings are popular, and over the past 5 years over 48,000 people were killed, and roughly 5,000 people disappeared due to drug related incidents (CNN). The Mexican drug cartels have not always been so powerful. Before the 1980’s there was trade of opium and marijuana within Mexico and the U.S., but Miguel Ángel Félix Gallardo, a former Federal Judicial Police Agent, expanded to Columbia. With new connections to cocaine, he went to the top of the Medellin Cartel (the only cartel in Mexico at the time) ran by Pablo Escobar. In time, they grew in power and size, and Gallardo decided he would split up the cartel all over Mexico, thus forming the new cartels that reside in Mexico (PBS). Now, Mexico is one of the world’s largest suppliers of marijuana, methamphetamine, and cocaine, and the net earnings is anywhere from 13 billion to 48 billion a......

Words: 2523 - Pages: 11


...Mexico It’s Friday, I've got no job, I've got no class and I’m headed down to Mexico! I am a freshman attending the University of Arizona in Tucson and the second semester is coming to a close in a couple short weeks. I must have done something good because I had recently been granted permission from my parents to bring my pickup truck to campus to use for the remainder of the year. My parents had previously been against me driving anything that wasn't powered by my own “Chevro-legs". I am driving South on the SR-85 in my blue 1995 regular cab Chevrolet with my roommate Chris and good friend Sean sitting beside me on the cloth bench-style seat. We’re loaded with a cooler full of snacks, beer and water, a sleeping bag per person, and around $300 between us. We reach Why Arizona and I pull into a Mobile gas station to fill up on American gas for the weekend; I think we bought Mexican insurance here too, but not worth describing. I remember the gas prices fairly reasonable still in the summer of the 2003; so gas ran me probably thirty five bucks for my eighteen gallon fuel tank. Mexican insurance was twenty dollars a day and we paid for coverage for Friday, Saturday, and Sunday. Fully loaded and ready to get rolling with this entirely spontaneous vacation that was only happening because the previous night I learned that my seventeen year old brother was going to be in Rocky Point for his first time that weekend. Upon hearing this news, I gathered up Sean and......

Words: 1750 - Pages: 7


...Mexico -"Patria, Libertad, Trabajo y Cultura" -"Patria, Libertad, Trabajo y Cultura", this translates to "Country, Liberty, Work and Culture" and is the motto found on the country's official seal. Mexico is a country where opportunities are being developed. The country is located at the most southern tip of North America, and is well known around the world for its neighbors to the north, the United States. The country has a rich history of ancient pre Colombian civilizations and many distinctive cultural traditions. The Mayas, Olmec’s, and the Toltec’s all came before the great Aztec empire, who was a nation of great wealth. In 1519 thru 1521 Mexico was conquered and ruled by the Spanish conquistador Hernando Cortes. Mexico was the colonized by Spain for the next three hundred years. Mexico won their independence from Spain in 1821 after many bloody revolts and uprisings. Mexico has a population of (2010 est.) 112,468,855 (growth rate: 1.1%); birth rate: 19. /1000; infant mortality rate17.8/1000; life expectancy rate. Solar Photovoltaic Solutions is an American company based in Atlanta Georgia. The proposition of this report will be to export our industry leading solar panels into the Mexican market. This report will provide evidence that there is a business opportunity for our company to assist Mexico with viable alternative energy solutions that are being......

Words: 1780 - Pages: 8


...MEXICO Staple food Corn- Corn is one of the most important staple foods in current Mexican cuisine. It is known as a scared plant. They are a popular street food in Mexico, although they can be and are frequently served as meal at home. Condiments such as salt, chili powder, butter, cheese, lemon juice, mayonnaise, and sour cream are usually put on corn if desired. Salsa- A salsa is actually just a sauce, although it is most commonly associated with the red or green mix of tomatoes, onion, chili and cilantro (coriander), a typical Mexican cuisine. It is used as a dip. Tacos- Are a traditional Mexican dish composed of a corn or wheat tortilla folded or rolled around a filling. A taco can be made with a variety of fillings, including beef, chicken, seafood, vegetables and cheese, allowing for great variety. Refried Beans- Are a traditional staple food of Mexico. Basically it’s a dish of cooked and mashed beans. Refried beans are prepared with verities of beans such as black beans or red beans. In a home meal, refried beans typically serve as the main food along with smaller, more strongly flavored dishes, but they may also be served as a side dish along with a larger meal, or rolled in a tortilla to form a bean burrito. Enchilada- A roll of flour or corn tortilla with a filling inside of it covered with a chilli pepper sauce. The filling could vary in different of varieties such as beans, meat, vegetables and cheese Totopos-It’s a Mexican cuisine. It’s flat, round or......

Words: 1233 - Pages: 5


...The United Mexican States, commonly known as Mexico is a federation of 31 free and sovereign states forming a union which have jurisdiction over its territories, federal district and Capital City. The Capital is Mexico City and the country operates under a President with governmental structure that is democratic, republican and representative. Each Mexican state has its own constitution, congress, and judiciaries with 6 year term elections for governors and 3 year terms for state congress. Each state is divided into the smallest political entity in the country, a municipality, which is governed by a municipal president or mayor who is elected by their residents. The country itself has no official religion as the constitution of 1917 guarantees separation of church and state. The dominant religion, however, is Catholicism covering 82.7% of the population as of 2010, with the next largest being Protestant and Mormon accounting for 9.7% of the populous. Covering the southern end of the United States, Mexico is bordered by the Caribbean Sea, North Pacific Ocean, the Gulf of Mexico, Belize and Guatemala. The population as of 2012 was 120.8 million, a little less than two and half times that of the population of United States in 2012 of 313.9 million. Covering an area of over 761,600 sq. miles (1.973 million km²) about a 5th of the size of the USA at 3.794 million sq. miles and about 3 times the size of State of Texas. This makes Mexico the 5th largest country in America and......

Words: 1402 - Pages: 6


...Tried to compensate the loss by selling to Mexico city and “domestic consumptions” • Event in Morelos reflected the Mexican agriculture at the time period • There was famine going on in the center and northern parts of the country. Corn shipments were being delivered from other countries cause of the shortage. Some 200,000 tons was imported between 1907-1910 • 1908-1909 there was a drought and that is why there was a shortage of corn. It was mostly due to lack of proper irrigation • The governments wasn’t willing to fund enough money for proper irrigation and also because of not having the sufficient farming tools. This lead to the inevitable down fall of Mexican agriculture • Diaz government had a plan for irrigation but because of the peasant displacement in favor of cash crop, which they farmed on their land, lead to a shortage of crops. Irrigation and the favor cash crop with the drought and crops that were infested in the south and center lead to the famine. • Because of this drought of crops domestic companies started coming into Mexico. This didn’t make Mexican society happy • In Veracruz, foreigners held 95 percent of the city’s private property. Cost of living doubles between 1901-1911 • There was a major crisis with unemployment as well. Miners, railroad workers and factory workers were all out of jobs during the famine Monetary and fiscal crisis • Started imposing commercial agriculture, a factory system of......

Words: 775 - Pages: 4

Commercial Law Summaries 1 - Contract Formation

...FORMATION OF CONTRACT FORMATION OF CONTRACT 1. INTENTION to create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn close family members are not legally binding Balfour v Balfour Cohen v Cohen Domestic Agreement (I) with additional circumstances Merritt v Merritt Wakeling v Ripley Agreement btwn friends/ to provide charitable services (NI) are not legally binding Teen Ranch Pty Ltd v Brown Agreement btwn friends/ to provide charitable services (I) with additional circumstances Ermogenous v Greek Orthodox Community of SA Inc Commercial Agreement (I) have intention to be legally bound Carlill v Carbolic Smoke Ball Co Esso Petroluem Co Ltd v Commissioners of Customs & Excise Final creation of contract can be delayed if that is what the parties intended – when formalities are completed Masters v Cameron Perry v Coolangatta Investments Pty Ltd ‘Letter of Comfort’ given by creditor to debtor as obligations assurance may/may not intend to be legally binding MAY - Banque Brussels Lambert SA v Australian National Industries Ltd MAY NOT - Commonwealth Bank of Australia v TLI Management Pty Ltd 1. INTENTION to create legal relations Carlill v Carbolic Smoke Ball Co ‘Test’ of intention (I) to determine if agreement between parties were intended to have contractual force Edmonds v Lawson Domestic Agreement (NI) btwn......

Words: 3107 - Pages: 13


...The roadway network in Mexico has an extent of 366,095 km (227,481 mi), The speed limit in multi-lane freeways or expressways is on average 110 km/h (70 mph) for automobiles and 95 km/h (60 mph) for buses and trucks The tolls are, on average, among the most expensive in the world, according to a comparative study realized in 2004 by the Chamber of Deputies Mexico privatized its rail service with the dissolution of the former Ferrocarriles Nacionales de México in 1998. There is a Mexico City Metro and a Monterrey Metro as well as light rail systems operating in Mexico City (Xochimilco Light Rail), and Guadalajara (Guadalajara light rail system). Airport infrastructure in Mexico is the most advanced in Latin America:[14] all the cities with more than 500,000 inhabitants have an airport There are 1834 airports in Mexico, the third-largest number of airports by country in the world.[15] The seven largest airports—which absorb 90% of air travel—are (in order of air traffic): Mexico City International Airport, Cancún International Airport, Don Miguel Hidalgo y Costilla International Airport (Guadalajara), General Mariano Escobedo International Airport (Monterrey), General Abelardo L. Rodríguez International Airport (Tijuana), General Juan N. Álvarez International Airport (Acapulco), and Lic. Gustavo Díaz Ordaz International Airport (Puerto Vallarta).[14] All airports are privately owned, with the exception of Mexico City International Airport. This airport remains the largest......

Words: 1376 - Pages: 6


...1. Mexico has always portrayed itself as one of the most pro-trade countries in the world. For instance, we have a free trade agreement with the United States and Canada, and another one with the European Union. We are active members of the WTO, the OECD, the APEC, the Pacific Alliance, and have also signed multiple bilateral agreements with many nations, most of them deemed “strategic”. Answer the next two questions in your own words: a. What are the potential costs and benefits of adopting such a free-trade strategy? We can have more products that our country because of it cannot have the enough material or it have a high cost of do it. b. What can it be done to reduce the costs and maximize the benefits? Take help from another countries who have low prices. 2. Drawing upon the new trade theory and Porter's theory of national competitive advantage, outline the Mexican case for one of these national industries: (1) oil and petrochemicals, (2) agriculture and foods, (3) mining, (4) manufacturing, (5) automotive, (6) entertainment and sports. Choose only one out of the six, and answer: a. What kind of trade and economic policies would you recommend that the federal government adopt in order to build national competitive advantage in that specific industry? I´d choose a free trade because it has few rules when Mexico have a treatment. b. Do your policies support the basic free trade philosophy? Why, or why not? Yes, because it´s easier to manage it. 3. Read Objective...

Words: 448 - Pages: 2


...Mexico, land rich in history and culture, is located on the northern border of the United States. Throughout the last decade and a half Mexico has struggled to maintain a stable economy, all the while trying to control the trafficking of drugs and humans across the American border. The U.S. Department of State website (2010) states Mexico is classified by the World Bank as an upper-middle-income country. Poverty is widespread (around 44% of the population lives below the poverty line) and high rates of economic growth are needed to create legitimate economic opportunities for new entrants to the work force. The Mexican economy in 2009 experienced its deepest recession since the 1930s. The stated reason above is what has caused many Mexican citizens to cross the border into the United States looking taking any job they can find in order to help their families back home survive the trying times. Many have died in the trek to seek a better life, yet just as many have survived and are living and working in a large number of U.S. States. According to a PBS video called “Beyond the Border” (2001) one out of ten families in Mexico depend on the money sent to them by those family members that have managed to cross the U.S. border and get jobs. Although during his political campaign President Obama promised address the immigrations issues of the United States, this issue has been put on hold for a number of years. The New York Times (2011) report that the member of illegal......

Words: 1057 - Pages: 5

Video Speed Slow Motion Fast APK mod | BADLAND 2 premium | Special Education - 2865 Words