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 federal law requires every vehicle on a federal road, route or bridge to carry insurance covering damage to third parties and their property (Ley de Caminos, Puentes y Autotransporte Federal, art. 63 Bis, diputados.gob.mx), and sets a fine for driving without it (art. 74 Bis II). Baja Bound’s auto policies include legal assistance and a bail bond, with a limit matching the liability limit, available 24/7 (Baja Bound auto page). See Mexican auto insurance for what a policy covers.
Baja Bound’s claims page says to file the claim yourself with HDI or Chubb, before you leave Mexico and within 5 days (claims page). Stay at the scene, call your insurer, and let the adjuster handle communications.
Property and contracts
Get a notario público (notary) involved for any property transaction; they're lawyers with extra credentialing. Before you sign anything, have a Mexican lawyer or notario explain the current rules on foreign ownership, trusts and contracts for the property's location, and get a translation you trust of every document.
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.