1E9Ct5D

In order to become binding court precedent by confirmation, the same judicial bodymust uphold an interpretation in five judgments, when in each one the required vote ismet and the interpretation is not interrupted by a contrary one. 32. Court Precedent by Unification of Interpretations368C H A P T E R X X I I IThe formation of court precedent by unification of interpretations arises from the existenceof contradictory court opinions. 4 Its purpose is to maintain the unity of interpretationsof the national judicial order by establishing interpretations that should prevailwhen those held by the Chambers of the Supreme Court of Justice of the Nation or bythe Collegiate Circuit Courts regarding the same legal problem are contradictory.It should be pointed out that the decision that is adopted on the contradictory interpretationswill not affect the specific legal situations of the proceedings in which suchinterpretations have been issued. 5The requirements for the formation of this type of court precedent are the following:a) Report of the existence of contradictory decisions. This denunciation must be formulatedby the Chambers of the Supreme Court of Justice of the Nation, its Ministers,the Collegiate Circuit Courts, the Magistrates of the latter, the parties involvedin proceedings where the contradictory interpretations have been held, or theAttorney General of the Republic;b) Contradiction in the substantive aspects of the rulings. In this regard there is a contradictorydecision when the following circumstances occur: 6• When ruling on legal transactions, essentially equivalent legal questions areexamined and discrepant positions are adopted;• The difference in interpretation exists in the legal arguments, reasoning, orinterpretations of the respective decisions;• The different interpretations result from the examination of the same elements;c) That the legal point on which the contradiction has arisen has not been resolvedin binding court precedent;d) That the report is not obviously invalid;e) That the relative decisions are final and conclusive.The bodies competent to resolve contradictory decisions are both the Plenary and thechambers of the Supreme Court of Justice of the Nation.__________3Supreme Court of Justice of the Nation, op. cit., p. 30.4It should be clear that it is not a motion for review of a decision or a motion for clarification.5Supreme Court of Justice of the Nation, op. cit., p. 31.6Judgment P./J. 26/2001, Federal Judicial Weekly and its Gazette, Ninth Period, Volume XIII, April 2001, p. 76.