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

World Bank

Washington, DC

关键词: JUDICIAL REFORM;    DISTRICT COURTS;    FEDERAL STATUTORY LAWS;    SUMMARY PROCEEDINGS;    SUMMATIVE EVALUATION;   

RP-ID  :  22635

学科分类：社会科学、人文和艺术（综合）

来源: World Bank Open Knowledge Repository

【 摘 要 】

The report reviews the researchconducted in Mexico's Federal District courts on thesummary debt collection proceedings - Juicio EjecutivoMercantil (JEM) - as a result of a specific request from theGovernment, to study the judiciary's impact on contractenforcement, as well as because of the Bank'sassistance strategy, which emphasizes on supporting improvedgovernance, and an enabling environment for private sectordevelopment. Following an introductory chapter, the secondchapter briefly summarizes debates about judicial reform,and their political, theoretical, and empirical foundations,while chapter 3 discusses the objectives, and methodology ofthe study. Chapter 4 provides an overview of the Mexicanjudicial system, and Federal District courts. Starting withChapter 5, the most important research findings arereported: it analyzes the users of the commercial justice.Interestingly, the principal parties to the proceedings areindividuals, claims are relatively small, and, a 90 percentof those cases where a judgment is delivered, favors theplaintiff. Chapters 6, 7, and 8 report findings on thetrajectory of JEM cases, and its dynamic perspective, thatassumes different paths, and reaches diverse outcomes. Someof the recommendations include improved supervisionregarding bailiffs resolution; formalization of executionproceedings, and, reconsideration of the nature of dueprocess guarantees in commercial proceedings.