Civil Laws at Costa Rica
Costa Rica operates under a civil law system, primarily governed by written codes and statutes, with the Civil Code and the Code of Civil Procedure being central to its legal framework.
⚖️ Legal Framework
Civil Code (Código Civil)
Enacted in 1886 and last consolidated in July 2000, the Civil Code is the cornerstone of Costa Rican private law. It is structured into four main books:
Book I – Law of Persons: Addresses the legal status and capacity of individuals.
Book II – Law of Property: Defines property rights and classifications.
Book III – Law of Obligations: Covers contracts, torts, and other obligations.
Book IV – Law of Contracts: Details the formation, execution, and effects of contracts.
The Civil Code also encompasses provisions on inheritance, family law, and civil liability.
Code of Civil Procedure (Ley N° 9342)
Promulgated on February 3, 2016, and effective from October 8, 2018, this code reformed civil litigation processes to enhance efficiency and accessibility. Key features include:
Orality: Introduction of oral hearings to complement written submissions, aiming to expedite proceedings.
Streamlined Procedures: Elimination of the abbreviated litigation track, with cases now categorized into ordinary, summary, and monetary collections.
Appeals: Establishment of clear guidelines for appeals to prevent delays caused by excessive litigation.
🏛️ Judicial Structure
The Supreme Court of Justice (Corte Suprema de Justicia) is the highest judicial authority in Costa Rica comprises 22 magistrates and oversees all courts in the country The court is organized into four chambers
Sala Primera (First Chamber): Handles civil and administrative cases
Sala Segunda (Second Chamber): Deals with civil matters, including family law, real estate, and labour/employment law
Sala Tercera (Third Chamber): Focuses on criminal appeals from lower courts
Sala Cuarta (Fourth Chamber): Specializes in constitutional matters, such as interpreting the constitution or addressing infringements of constitutionally guaranteed rights. Below the Supreme Court, the judiciary is organized into various tribunals and judgeships, each with specific jurisdictions based on subject matter and territorial divisions
🛠️ Alternative Dispute Resolution
Costa Rica encourages the use of alternative dispute resolution (ADR) methods, including conciliation, mediation, and arbitration, as outlined in *Law No. 7727. These processes are designed to be less formal, more cost-effective, and quicker than traditional court proceeding. Parties must mutually agree to engage in ADR, and if an agreement isn't reached, the dispute proceeds to court.
RELATED Blog
0 comments