The ordinary commercial lawsuit It is the appropriate legal act to manage all cases in which disputes do not have a special procedure set. The ordinary mercantile trial proceeds in all those cases in which the disputes do not have a special procedure indicated.
According to the Second Title of the Mexican Commercial Code in its article 1377, the way in which ordinary commercial lawsuits have to be managed is established; reads the following: "All disputes between parties that are not indicated in this code for special processing, are heard in ordinary court"
The commercial trial can be ordinary or executive. The origin of the term ordinary mercantile judgment comes from the Latin iudicium, which translates as knowledge of a matter in which the magistrate must pass judgment.
The term mercantile refers to everything that has to do with trade and merchandise, movable things for sale..
That is to say, ordinary commercial lawsuits include those in which the judge hears a matter related to commercial business between two parties on which he must decide and pass judgment. It is an essential element in Mexican commercial law.
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A claim is filed by one of the parties, which has to comply with the requirements established in article 255 of the Code of Civil Procedures.
Together with the claim, the documentation that supports the litigants as parties in the process must be shown, as well as the power of the attorney to act.
In the event that the claim is admitted, the judge invokes the defendant to participate in the process. An official notification certificate is sent to the defendant; The latter has at least nine days to issue a reply. It is time to refute the facts declared by the plaintiff and raise exceptions.
During the probationary period set, both parties have the power to render evidence and then proceed to the publication of evidence, clearly establishing their evidence and concluding the necessary evidentiary proceedings..
After the evidence process with its exceptions, the allegations are presented by delivering original documents to the plaintiff and the defendant with a period of 10 days, this in order for them to prepare their allegation..
The ordinary commercial lawsuit comprises four stages:
It is that both parties establish their claims with the ordinary commercial trial. The parties tell the facts from their perspective and show what to do, according to their interests. There is the possibility of countering.
This first stage is completed by determining what is the subject of the litis; that is to say, the matter of litigation, the elements that are going to be object of test, argument and sentence. This is done through the complaint and answer briefs. The demand requirements are:
- Name of the court you are filing against.
- Name of plaintiff and defendant.
- Facts in dispute
- Foundations of law.
- Claim in detail, specifying the terms.
The beginning of this stage is determined by the order of the judge, who orders that the trial be opened to trial. It is a discretionary power of the judge, as well as establishing the days that are necessary for the probationary period without exceeding 40 days.
It is a reduced period, especially if we value that the evidence has to be presented in time to admit it, prepare it and release it, since if it is not the case, the judge has the power to reject it..
After the testing period comes the pleadings period, which is 10 days for each party. In the arguments, the judge must be able to examine in an organized and summarized way the facts that support the claims of the parties, the evidence of their rights.
If no allegations are presented, there is no sanction, but the right to be able to do so in the future is lost..
In this last and important stage, the sentence to be applied is determined, which is final or interlocutory depending on whether it refers to the main matter or an accessory incident..
As established by law, the judge will establish a sentence based on the interpretation of the law and, if he / she does not find a competent law, he / she will adjust to the general principles of law. This is supported by article 1324 of the Commercial Code, which says the following:
"Every sentence must be based on law and, if neither by the natural sense nor by the spirit of it the controversy can be decided, the general principles of law will be taken into account, taking into consideration all the circumstances of the case".
A company that sells computer products X sues another company Y that provides telephone support services. The commercial lawsuit starts an ordinary commercial lawsuit.
Company X claims that by virtue of a sales contract concluded with Company Y, it supplied it with computers for an amount of EUR 50,000. Company Y wrote a check in his favor for that amount, which turned out to have no funds and was returned.
Company X demands the amount owed for the commercial business carried out and the interest at legal rate accrued for the time that has elapsed since the default occurred. Of course, it also claims the payment by the defendant of the costs of the ordinary commercial lawsuit..
Company Y alleges that the check was presented for payment before the period agreed between the parties and therefore had no funds. It also alleges that they repeatedly tried to contact Company X to resolve the situation without success..
Both parties present documentary evidence and their arguments in a timely manner, so that the judge can issue a sentence based on all the evidence admitted..
The judge passes judgment forcing the company to pay AND the amount owed with interest, as well as the costs of the trial.
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