Zapopan, Jalisco; Zapopan, Jalisco; July 11, 2023.- In a round table discussion entitled "Opportunities and Risks of the National Code of Civil and Family Procedures", presented as part of the " National Code of Civil and Family Proceedings," leading experts in the legal field participated to analyze the political, economic and social reasons that led to the creation of the Code. Universidad PanamericanaThe event was moderated by Dr. Juan Manuel Santos, President of the National Institute of Civil and Family Law; prominent experts in the legal field participated to analyze the political, economic and social reasons that led to the creation of the Code, with the aim of providing greater legal certainty in the country and standardize criteria for the judiciary. The event was moderated by Dr. Román Lazcano Fernández and was attended by distinguished panelists: Sabela Patricia Asiain Hernández, Dr. Daniel Espinosa Licón, Alfonso Guati-Rojo Sánchez and Cristina Vázquez Aldana Urrutia.
National Code of Civil and Family Procedures
During the dialogue, the panelists explained the political and social relevance of the creation of the National Code of Civil and Family Procedures, highlighting that it seeks to privilege the solution of conflicts over procedural formalities and create a better procedural law for the country. Codification has been under analysis for more than 70 years, which implies that all those involved in the legal field must unlearn and learn new skills and abilities.
The search for oral and concentrated justice
One of the fundamental changes introduced by the new Code is the adversarial scheme and the break with the paradigm of confessional evidence. However, some experts point out that definitions have been made on legal figures that are neither precise nor adequate. Even so, the reform gave the Congress of the Union the possibility to legislate in civil and family matters and to consider guiding principles of orality to achieve the concentration of procedural acts by means of recordings.
New legal concepts and figures
The new legislation includes innovative legal concepts and figures that seek to strengthen justice in the country. Among them are the "best interest of the child" as a procedural principle, "substantive interpretation," "declaration of absence due to disappearance," "easy reading," "restorative justice for family fragmentation" and "extraordinary support in capacity issues and their exceptional cases." In addition, it opens the way to "digital justice," giving rise to the creation of "cyber contracts" and the consideration of "cyber crimes," aspects that demand a more detailed analysis.
Balance between advantages and disadvantages
The participants in the roundtable discussion concluded that the National Code of Civil and Family Procedures arises from an imperative need in society, and its creation has the potential to generate successes in the implementation of justice at the national level. However, they also recognized the need to adequately address the definitions of legal figures in order to avoid confusion and problems in their application.
The roundtable allowed for an enriching exchange of ideas and perspectives on the Code, establishing a starting point for continued analysis and debate on this important legal reform in the country.
