Living in Mexico
Mexico's legal system, explained
Civil law, not common law — here's what that means for you.
Mexico runs on a civil-law system descended from Spanish and Napoleonic codes — closer to France or Germany than to the US or UK. Judges apply written codes; precedent matters less. For visitors, the practical impact shows up at the scene of an accident, in property transactions, and in how disputes get resolved. Knowing the basics keeps small problems from turning into expensive ones.
Civil law vs. common law
In civil-law systems, legal codes are the primary source of law. Judges interpret the code; jury trials are rare. In the US, judges often apply precedent set by earlier cases — that's common law. Day to day, the difference is procedural, but it affects how long cases take and how predictable outcomes are.
What it means at the scene of an accident
Mexican law presumes responsibility until the scene is sorted out. That's why Mexican auto policies pay for legal aid and bail-bond services if you're detained — the local process can hold a driver until liability is determined. Stay at the scene, call your insurer, and let the adjuster handle communications.
Property and contracts
Most legal documents — leases, deeds, insurance contracts — must be drafted in Spanish to be enforceable. Foreigners can own property within the “restricted zone” (50 km from the coast or 100 km from the border) only through a fideicomiso bank trust or a Mexican corporation. Get a notario público (notary) involved for any property transaction; they're lawyers with extra credentialing.
Frequently asked questions
Are foreign judgments enforceable in Mexico?
Sometimes, through a process called exequatur — a Mexican court reviews the foreign judgment for fairness and notice. It's slow and expensive. Better to settle disputes through Mexican-law contracts in the first place.
What's a notario público?
A notario is a Mexican lawyer who has passed an additional state exam and been appointed by the governor. Notarios authenticate property transfers, corporate filings, and major contracts — their seal is required for many transactions a US notary public could not perform.
Can I sign Mexican contracts in English?
Bilingual contracts are common, but the Spanish version usually controls in court. If you're signing anything important, get a translation you trust before, not after.
What's a fideicomiso?
A fideicomiso is a Mexican bank trust that lets foreigners own property in the restricted zone. The bank holds title; you have full beneficial rights — buy, sell, will, rent. It runs for 50 years and is renewable.
