Mexican Law Review最新文献

This article describes three models used around the world for the treatment of executory contracts in bankruptcy. An economic analysis is made of the ex post incentives of the bankruptcy trustee to reject the contract under each model, based on Jesse Fried's article Executory Contracts and Performance Decisions. This article states that the approach used by Spain is likely to create the most efficient ex post incentives. The contribution of this article is to further the discussion on the treatment of executory contracts in bankruptcy, as it continues to be one of the main day-to-day issues at bankruptcy courts.

This article positions the prohibition of psychoactive substances as a material means of strengthening States and State power. We argue that the militarized enforcement of prohibition has known outcomes beyond the control of substances, including the creation of cash economies that, firstly, support the smooth flowing of modern global capitalism, and secondly, finance US allied (reactionary) armed groups internationally. Various national contexts are considered, with a special focus on how these trends are developing in the ongoing “war on drugs” in Mexico.

En este artículo se postula la prohibición de las sustancias psicoactivas como un medio material para fortalecer a los Estados y al poder estatal. Sugerimos entonces que la aplicación militarizada de la prohibición ha tenido resultados más allá del control de las sustancias, incluyendo la creación de economías en efectivo que, en primer lugar, apoyan la fluidez del capitalismo global moderno y, en segundo lugar, financian a los grupos armados aliados (reaccionarios) de los Estados Unidos a nivel internacional. Se consideran diversos contextos nacionales, con especial énfasis en cómo se desarrollan estas tendencias en la guerra contra el narcotráfico en curso en México.

In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law.

Maritime liens, without a doubt, are a unique and hugely important feature of maritime law. Broadly speaking, they represent a claim on or special right to a vessel. However, there is no uniformity when it comes to studying this unique feature. It is from the Anglo-Saxon jurisdictions that we get the majority of our information about its nature and associated problems. In this article, the law on maritime liens is examined through a comparative study of several Anglo-Saxon jurisdictions and Mexican law. Also under investigation are the problems that arise when a national court is faced with a maritime lien created under foreign law, and when that maritime lien differs from those liens established under the law that governs the domestic court.