Legal, constitutional and conventional regulation of the principles and rules that operate in the new civil and family justice system.

Abstract

This research analyzes the legal, constitutional, and conventional regulations governing due process, rules, and general principles of law as applied within the National Code of Civil and Family Procedure. It also examines various general provisions within civil and family procedure by analyzing Mexican jurisprudence and rulings of the Inter-American Court of Human Rights. The fundamental and homeostatic functions of the governing norms of civil and family procedure are highlighted, including directive, integrative, consultative, limiting, intellectual, educational, and explanatory functions. The importance of judicial remedies such as appeals, complaints, motions for reconsideration in the second instance, clarification of judgments, motions to set aside proceedings, incidental proceedings, and challenges in probate and family law cases is emphasized. Finally, provisions related to fundamental procedural guarantees, which converge within the National Code of Civil and Family Procedure, the Political Constitution of the United Mexican States, and the American Convention on Human Rights.