Civil Law in Mexico deals with regulating the rights and obligations of individuals from the moment of their conception until their death. For example, cases related to the constitution, regime and extinction of real rights over real estate, as well as contracts for the lease and temporary use of such property, and personal property. Likewise, Civil Law also includes issues related to people, assets, inheritance, obligations and contracts.
Apart from the services that we can provide as lawyers, depending on the case, the intervention of Civil Registry authorities, public notaries, public brokers, actuaries or the Public Property Registry may be contemplated.
In civil litigation cases, civil investigators may be summoned and required to testify as witnesses. In these cases, investigators must give oral testimony, unless there is a legal excuse to do so, and they must answer questions to the best of their knowledge and ability. The evidence gathered, in the criminal case, can only be used if it was obtained by court order. Civil cases are normally decided based on the “relevance or preponderance of evidence” standard, which is less rigid than the “beyond reasonable doubt” criminal standard.
In some countries, violations of electoral law are brought before a civil court by the electoral authority. This is the situation in South Africa, where cases are brought by the Director General of Elections.372 Elsewhere, civil suits can be brought by those who have been harmed in some way by the electoral process. For example, a disqualified candidate can sue the competent electoral authority. An NGO can sue on behalf of a group of candidates who were prevented from running or who received unequal treatment. Members of political parties can sue their own party if they were unfairly prevented from running as candidates.
Civil cases are part of the system of checks and balances by providing a differentiated mechanism for a person to have a chance to go to court and have a court hearing.