1E9Ct5D

Finally, it should be indicated that Mexican law allows, in principle, for the parties toa legal relationship to submit to a foreign law, but with the exception that the Mexicanjudge will not apply the foreign law in the following cases:a) When fundamental principles of Mexican law have been fraudulently evaded, inwhich case the judge must establish the fraudulent intention of such evasion; andb) When the provisions of the foreign law or the result of its application are contraryto fundamental principles or institutions of Mexican public order.2.2. JurisdictionThe determination of what judge or court is competent to resolve a dispute will bemade according to national procedural rules. The operating rules of every judicial systemare those regarding competency and procedure, and due to their function theserules are applied nationally. In other words: competency is the power of the judge toexercise the jurisdiction corresponding to him/her in a given case. Competency mustbe decided according to the procedural laws and subsequently, if the matter so requires,the corresponding substantive laws will be applied.In positive Mexican law there is a series of general principles that help to resolve problemsof jurisdiction, such as the territorial competency rules in Article 24 of the FederalCivil Procedures Code (Código Federal de Procedimientos Civiles, CFPC) and Article 156 ofthe Civil Procedures Code for the Federal District (Código de Procedimientos Civiles para elDistrito Federal, CPCDF), which establish the following criteria for choosing a competentjudge to hear a dispute:a) Forum loci executionis. The judge of the place where the respective obligation mustbe fulfilled, the designated place, or the place that the defendant has designated forbeing judicially summoned;b) Lex rei sitae. The judge of the location of the property, in the case of an action inrem over real property or disputes arising from a lease agreement; the judge of theplace of registration in the Public Registry of Property, when the action is the cancellationof such registration. It is important to mention that in relation to land andwater, resources of the exclusive zone and acts of Mexican authorities, Mexicancourts have exclusive jurisdiction;c) Mobilia sequntur personam. The judge of the domicile of the defendant, in the caseof in rem actions over personal property or personal or civil status actions;d) Lex loci executionis. The judge of the place of domicile of the debtor, in case of personalbankruptcy proceedings.337Dispute ResolutionIn cases of voluntary jurisdiction, the judge of the domicile of the petitioner is competent;in the case of real estate, it is the judge of the place of the location of the property.