Bank Liquidation continued from page 39
In view of the unfairness which, in my opinion, represents the Order of Priority in the aforementioned payments and given the fact that to date our Supreme Court of Justice of the Nation has not made any rule on the constitutionality of such priority challenged through various‘ amparo’ proceedings that are sub judice, it is appropriate then, to analyze the possible Patrimonial Liability of the Mexican State to indemnify for damages caused to unpaid savers and investors, resulting from the irregular behavior of the CNBV and, in general, of the authorities that are responsible for overseeing due compliance of the obligations of the banks and mainly due protection of the interests of savers and investors.
PATRIMONIAL RESPONSIBILITY OF THE STATE.
As regulated by the Federal Law of State Patrimonial Liability in Mexico, published on
December 31, 2004, lastly amended on December 29, 2023, its purpose is to establish the bases and procedures to recognize the right to indemnify people who, without legal obligation to bear it, suffer damages of any of their assets and rights as a result of the irregular administrative activity of the State.
In the aforementioned case regarding liquidation of Accendo Banco, S. A., the irregular actions of the CNBV and other authorities responsible for overseeing and supervising Mexican banking and especially regarding the protection of savings and investments of banking user public, the assumptions of the State ' s Patrimonial Liability for its irregular actions are met and all affected parties have the right to claim the related compensation for damages from the Mexican State.
Gender Diversity continued from page 43 stories and experiences will shape the model code, making sure it reflects the real challenges
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and lived experiences of women in courtrooms today.
The ultimate aim is to reduce gender-based exclusion and discrimination in insolvency courts( or courts with jurisdiction over insolvency matters), creating an environment where women lawyers can thrive. With clear standards that foster respect, inclusivity, and accountability, the code will help increase women’ s participation in litigation and help close the gender gap in insolvency law.
But we also hope this code will have a ripple effect. By setting a new standard in one legal space, we believe it can inspire broader reforms across other sectors and jurisdictions- moving us one step closer to a more equitable legal profession.
Whether you’ re a legal professional with insights to share, or someone with ideas to make this code more practical, accessible, and impactful— your voice matters. Help us shape a tool that truly reflects the needs of those it’ s meant to serve.
To get involved or learn more about the project, please contact Nina Pavlova Mocheva nmocheva @ worldbank. org and Antonia Preciosa Menezes at and amenezes1 @ ifc. org.
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