The urgency of the National Code of Civil and Family Procedures

In the Official Gazette of the Federation of September 15, 2017, the addition of section XXX was published to article 73 of the Constitution, in order to confer competition to the Congress of the Union to issue the National Code of Civil and Family Procedures.In the fourth article of the promulgatory decree, a period of 180 days was established to issue the corresponding legislation.Four years later, this constitutional obligation has not been fulfilled.

For those who do not participate in the world of law, the indicated omission may seem either irrelevant or one of the many shortcomings that characterize our legal order.However, if we enter the matter a little more, the transcendence of the problem is capital letter.Not only, and of course, so it implies that an organ leaves without attending to what the Constitution orders it, but also matters for what the rules to judicially resolve the many civil and family conflicts that are updated daily in all the country.

As a demonstration, remember what regulates the civil codes in force in Mexico: first, all aspects related to people considered themselves and their family relationships.This covers a wide arch that goes from birth, goes through affiliation, continues with capacity, marriage or divorce, and concludes with death, wills and inheritances.If not all, at least a good part of the conflicts that are generated by such regulations and relationships will have to go through the litigious forms that are established in the legislation pending to be issued.

The same will happen with the other subjects provided for in such civil codes.In a first part, property and its forms of transmission, the quality of movable or immovable property, easements or the conditions of possession.Then, the enormous and complex framework of the acquisition, transmission or extinction of the rights and obligations that individuals constitute with each other.Finally, the colossal field of contracts that daily enter a lot of people to acquire goods or services, in the form of professional benefits, leases, transport, construction or many other material modalities.All differences that occur on the occasion of compliance and breaches, existence or other components will also be litigable according to the legal provisions pending being issued.

In addition to the aspects of all procedural legislation, which must be issued has to be in a peculiar circumstance.Our country has been in several years - at least since 2008 - in a paradigm shift, having changed the manner of its processing and resolution.We go from a predominantly written model to a predominantly oral one.This will imply that the federal legislator has to imagine the best ways to leave the old processes behind, but, simultaneously, it will generate those that will prevail in the future.In addition, it will have to do so at a time when litigation have increased, their resolution has slowed down and congresses are not willing to grant greater budgets to the bodies of provision of justice.Each of these three elements is, of yours, serious.Unjected with each other, they can be explosive.They can lead to a situation in which justice closes even more and becomes incompantly unable to resolve social conflict in such sensitive matters as civilians and family members.If this happened, what would be the space that would remain to resolve conflicts within the state forms that seek to be predominant, but that frankly hegemonic?

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— Paul Chato Sat Aug 29 15:38:49 +0000 2020

In the set of the bad news we have in the matter of the judgments already indicated, it is important to recognize that something has moved.On November 29, Senators Julio Menchaca and Ricardo Monreal presented the initiative of the National Code of Civil and Family Procedures.In the exposure of reasons they mention that the intention is to give the different judgments an adversarial and oral character, to promote the alternative means for the resolution of disputes as much as possible and make the most of information technologies.

The project consists of 894 articles ordered in eleven books with the following denominations: System for the delivery of justice in civil and family matters;objective and subjective competence;common provisions in civil and family oral procedures;civil justice;family justice;collective actions;resources and responsibility judgment;digital justice;Judgment, route of urgency and execution;international procedural cooperation;and arbitration judgment.It is striking that the two promoters of the initiative have expressly recognized that it is only the starting point so that, in open Parliament, the different actors of the legal and academic community of the country carry out their analysis and criticism with the purposeto potentiate its contents.

To this initiative we will have to add in the discussion which in June 2020 presented the deputies Pilar Ortega and Janet Murillo Chávez, and to which a wide group of legislators of the National Action Party was added.Like that formulated by the Morenistas, it is a very good start job, with clear conceptions about the aforementioned issues.What matters most to highlight here is that, having so far these two proposals, it is essential that both cameras work together to obtain the best results in the shortest possible time.

No one escapes the enormous social conflict that we live in the country.A moment characterized by the appearance of new dispute modes that have ended up joining the historically existing.Every day there are more who find a reason for grievance by authorities or individuals, who have no way to make them litigation to find legal satisfaction.There are also numerous cases of people who simply cannot access legal forms to resolve their disagreements.Whatever the case, the truth is that the jurisdictional bodies of the Mexican State are not always a factor of social peace.On the contrary, cases begin to appear in which the criminals themselves are solving social conflicts in a way that many seems efficient or that, if not, serve to pay their project of territorial domination and personal domination.

The new National Code of Civil and Family Procedures will be, beyond its technical scope, an instrument of enormous relevance to achieve part of the necessary pacification of the country.It is important that the offer of opening and serious and rigorous discussion is maintained on the side of the legislators.That do not politicize or take advantage of what in itself should be a technical instrument with the greatest possibilities to solve conflicts and the broadest ways to allow access to justice.It is also decisive that legal professions participate equally open and selfless, in order to contribute the greatest number of inputs to achieve the same purposes.I think I do not exaggerate that if such a code is wrong, we will not only affect the litigation to come in the strictly civil and family matter, but also to all those who find the basis of supplementary in civil procedural legislation, now of a national nature.They will also hurt a good part of the possible solutions in conflicts between individuals.This would be tragic for those who are hardly being able to face the violent daily life that these times have imposed.