Weekly Bulletin  #  278                               Friday, September 15, 2005   

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Round.gif (60 bytes) NEWS Round.gif (60 bytes) ARTICLE OF THE WEEK
Round.gif (60 bytes) MEXICO'S WEEKLY HEADLINES Round.gif (60 bytes) NEW THIS WEEK
 
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 . NEWS

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Round.gif (60 bytes) Michelin invests US$6 million in Mexico
With an investment of USD$6 million, the French company Michelin inaugurated its new corporate building in the State of Queretaro, which is located beside the tires plant the company has in said state. Jim Micali, MIchelin North America President and General Director, considers Mexico represents almost 10% of sales in the region and in the last 5 years there has been an interesting growth.

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Round.gif (60 bytes) 1 out of every 4 cars made in Mexico are assembled in Coahuila
Saltillo, Mexico - 25% of automobiles made in Mexico are produced here, in Coahuila's Southeast Region. That is why the Mexican business magazine MEXICONOW decided to hold "Mexico's Auto Industry Conference" here. This was explained to Vanguardia by the magazine's editor and director of the event, Sergio Ornelas, who said that attendance by 250 executive officers and businessmen

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Round.gif (60 bytes) Chihuahua starts recovery process
Monterrey, Mexico - After loosing 100 thousand jobs from 2001 to 2003, Chihuahua has started the recovery process, mainly based in the expansion of the production lines of some established companies, as well as some companies arriving for the first time. Alejandro Cano Ricaud, Chihuahua's Minister of Industrial Development, said that around 60 companies – between newcomers and established companies

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Round.gif (60 bytes) Automotive industry brings US$3.5 billion
Saltillo, Mexico - Mexico is attracting investment for over US$3.5 billion for the automotive industry in 2005-2006, creating more than 11,000 direct jobs, according to Eduardo Solís Sánchez, Chief of Foreign Trade and Investment Promotion Office in the Ministry of the Economy. Participating in the event Mexico's Auto Industry Conference, organized by the magazine Mexico Now, he stressed the fact that these are high value added

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Round.gif (60 bytes) VW wants to increase Mexican supplies
Saltillo, Mexico - Volkswagen wants to increase supplies from Mexico and North America, due to a strong Euro that raises the price of supplies in Europe, Thomas Karig, Corporate Relations Director, informed. In an interview, Mr. Karig said that the Company will try to purchase in Mexico or North America some supplies currently being brought from Europe, not only from large suppliers, but also medium and small. In his speech during the Automotive

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Round.gif (60 bytes) Vitro enters agreement with Allied Glass
Monterrey, Mexico - Vitro and Allied Glass Containers, a British
company specialized in the design of glass containers, signed a technical assistance agreement, to provide a structured practical support program based on the expertise and know-how this Company has in manufacturing glass containers in complex shapes. This agreement sets the commitment made by Allied Glass Containers to have a specialized team visit Vitro's

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Round.gif (60 bytes) Machined products sector recedes 60%
Mexico City - 60% of metal-mechanic industry productive plant has disappeared in the last four years, due to excessive imports from Asia being sold in the market as "Made in Mexico," which in many cases represent a risk for consumers. Representatives from this sector, members of the National Processing Industry Chamber (Cámara Nacional de la Industria de Transformación - Canacintra)

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Mancera Ernst & Young

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ARTICLE OF THE WEEK

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A MEXICAN POINT OF VIEW
Contracts of Adhesion vs. Lex Mercatoria
By Samuel Peña Guzman
Foreign Investment Coodinator State of Nuevo Leon

It is common in these days to see contracts entered by and among multinational companies, inter-government organizations or national and international companies and institutions. However, the main characteristic is that these are "rules" that do not have a direct state origin, i.e., they are obligations or laws to which the parties agree in their juridical relationships and are therefore compulsory for both parties. These are rules accepted by organizations as part of the market, which general use eventually makes them compulsory for parties.

Even if there is legislation, in this case a mercantile one, many of these agreements are mainly characterized by the individual obligation of the parties, known as "lex mercatori," which de facto could turn them into Contracts of Adhesion (contract accepted by one party without negotiation). The characteristic of these contracts is the adhesion to one institution and/or set of previously established rules. This in practice translates into an act where the economically stronger institutions or companies have a larger power on the other party and therefore become institutions exercising coercion, some times to the disadvantage of one of the parties.

Even if de jure a "lex mercatori" is an agreement entered with the will of both parties (an essential element in both kinds of agreements), de facto it is not necessarily so, because it is the law of the stronger one that prevails over the weaker party and the contract is entered mainly due to the adhesion of the weaker party to the conditions established by the stronger institution.

How many times have some of us been a party in this type of agreements? As a matter of fact when, for example, a credit agreement is entered by and between a bank and a natural or juridical person, even if, in theory, it is an agreement between both parties, the reality is that it is actually a "Contract of Adhesion." In practice there is not much negotiation between the parties, and the applicant is actually playing a role of adhesion to the guidelines and rulings previously set in this case by banks.

Maybe the institutions will argue that there is not such adhesion, because both parties are willing to enter the agreement, which is an essential element for the juridical enforcement of the agreement. They are right, but unfortunately people who need the services of the institutions mentioned as examples are "forced" to adhere in practice to previously established conditions, turning therefore from a "lex mercatori" into an adhesion contract de facto.

The question arising from the above-mentioned example is if there is nowadays a difference between "lex mercatori" and a Contract of Adhesion.

This is but an example of what happens in every-day life with this type of contracts. Maybe this is one of the disadvantages some of the parties have. In most cases it is economic power that will define the type of relationship between the parties.


 

MEXICO'S WEEKLY HEADLINES

 
» The IMF emphasizes the success of the control of the inflation in Mexico
» Deficit of USA with Mexico falls 26.1%
» Industrial activity falls 1.1% in July
» Sales of cars grow 3.8 percent
» Tourism leaves income by USD$ 7.5 billion in seven months
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EVENTS
2005

September / October


MIDWEST EXPOSITION AND CONFERENCE"
Novi, MI., USA
13-15 September

MEDTEC CHINA
Shenzhen, CHINA
13-15 September

METALFORM
Monterrey, NL. Mexico
28-30 September

AMCON
Baltimore, MD, USA
5 - 6 October

BUSINESS TECHNOLOGY EXPO
El Paso, TX, USA
13 October

MEXITRONICA
Guadalajara, Jal., MX
18 - 20 October

11th ANNUAL MANUFACTURING IN MEXICO SUMMIT
San Carlos, Son., MX
20 - 23 October

NATIONAL CONVENTION OF THE EXPORTING MAQUILADORA INDUSTRY
Acapulco, Gro., MX
26 - 30
October

Click here to visit the Events section or add an event.