In accordance with the national code of civil and family procedures
The National Code of Civil and Family Procedures (“CNPCF”) was published in the Official Gazette of the Federation, which aims to eliminate local legislation on the matter and replace it with the new regulations. that establishes approved procedures throughout the country.
The impact that this law will have on insurance matters will be in the processing of direct action in matters of civil liability (CR), which consists of the power that the victim of an accident has to demand payment of compensation directly to the insurer of the person responsible for the damage. Currently, this trial is processed through the ordinary civil process through a written process, which will change in 2027 with the entry into force of the CNPCF.
The aforementioned adjective law, in article 456, establishes that all disputes of a civil nature (that do not have a special procedure) will be processed through civil oral proceedings. Therefore, this will be the process that insurers must undergo in cases where direct action is taken against them.
Considering that the duration of non-contractual civil liability processes in Mexico City has an average duration of 19 months [1] (only in the first instance), it is estimated that the incorporation of the oral trial will allow for a process more agile because it has shorter deadlines and incorporates the principles of orality and immediacy, which allow the judge to have direct knowledge of each file.
[1] Juan Carlos Marín González, Average duration and some statistics of trials regarding non-contractual civil liability in Mexico City (1995-2008), published on January 5, 2018.
