Bruce R Leech - 12-31-2004 at 09:46 AM
Mexican law
As many of you know Mexican law is vary confusing to those of us that are from the north. But when you sign a lease or bye a property or sign a
contract of any Kind you must remember one thing. That the law here is enforced by the way it is interoperated by the person presiding over a
conflict. Judges and layers have a lot of latitude for this and will interpret the law in the direction that is to there benefit. For example you can
go to Mexico City and get the best layer that money can get. To draw up a contract for you and come back to Baja, and when you have a problem or
conflict regarding that contract you must go to the local courts and judges to resolve the problem and they may interpret your contract how ever they
feel. As a rule it is better to get a local layer who has local political influence to both write and to defend your contract, but even that is not
perfect. I had a judge write a contract for me and when I had a problem and went to court he was the judge and he though out the contract and said it
wasn?t written properly. Figure that one out?
I have between 40 and 120 active contracts at any one time and I am constantly changing and updating them to work better in the local system . there
is no such thong as an Iron clad contract here in Mexico.
Rember these things.
1 as foreigners we are at a distinct disadvantage.
2 there is no such thing as conflict of interest in the legal system in Mexico
3 Don?t hire a layer or accountant just because they speak English, find a good translator and hire them on there qualities. Ask a lot of people
that work in the system frequently in your aria for references. And the only good reference is how much they win in court. Some of the best are really
Cabrone.
4 You don?t need to be a layer to call your self a layer in Mexico
5 Try to resolve your problems without interring the legal system , you only have a 50/50 chance of wining your case in court and it can get relay
expensive. And the layers always win.
6 10 dollars spent on getting good contract wording will save a 1000.00 in court.
Bruce R Leech
bajalou - 1-1-2005 at 08:36 AM
Some of the best advice I've seen on the board. And assessment of the situation.
legal advice
thebajarunner - 1-1-2005 at 08:15 PM
well said Bruce, not only for Mexico but for all countries..
as my long-deceased best friend, Superior Ct. Judge Don used to say so often.... "Wise men do not bring their differences to my court. Because, they
know far more about their business than I ever will, But, if they bring it to me, I WILL DECIDE!!!"
Baja Arriba!!
Bruce R Leech - 1-2-2005 at 08:23 AM
when you hire a lawyer in Mexico the one thing most important is there political standing in the local system.