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Lawyers & Law
Costa Rica Lawyers & Laws - Advice from attorney Roger Petersen, the author of 'The Legal Guide to Costa Rica.'
Attorney Roger Petersen

Attorney Roger Petersen's book - 'The Legal Guide to Costa Rica' is without doubt a most valuable tool for those considering Costa Rica for either retirement or business.

There have been significant changes in Costa Rica during the past ten years as the country attempts to emulate the economic and regulatory systems of more developed nations to spur it's own development. This policy has created significant changes and modifications of existing laws and practices making it more important than ever that those settling in Costa Rica understand the system.

Most of the articles below have been written by Attorney Petersen or reproduced from 'The Legal Guide to Costa Rica' with the written permission of attorney Roger Petersen who has been an attorney since 1992 and is a member of both the Costa Rican and Florida Bar. A few articles have been written by his Roger's associate Attorney Rick Philps and others by Attorney José Rafael Fernandez.

Tenancy Law in Costa Rica
Attorney José Rafael Fernández
Tenancy Law in Costa Rica Costa Rica regulates all matters related to tenancy in a particular law, which has the unforgiving name of "Ley General de Arrendamientos Urbanos y Suburbanos", meaning: "General Law for Urban and Suburban Tenancy". This law was enacted in August 1995, after a much needed reform of the previous law of 1939. This law regulates all leases relating to houses, condominium units and businesses; it excludes hotel rooms, parking spaces and the like. . . . Keep reading
Costa Rica Declares Baby Boomers To Be A National Priority.
Attorney Roger Petersen - February 2010
Costa Rica Declares Baby Boomers To Be A National Priority. The President of Costa Rica, Oscar Arias is expected to sign an Executive Decree which will make the attraction of foreign retirees to Costa Rica a National Priority. . . . Keep reading
Costa Rica Declares Baby Boomers To Be A National Priority.
Attorney Roger Petersen - February 2010
Costa Rica Declares Baby Boomers To Be A National Priority. The President of Costa Rica, Oscar Arias is expected to sign an Executive Decree which will make the attraction of foreign retirees to Costa Rica a National Priority. . . . Keep reading
Costa Rica Eliminates Prison Terms For Defamation
February 2010
New York, February 12, 2010. The Committee to Protect Journalists today called on the Costa Rican legisl . . . Keep reading
Costa Rica Real Estate Transactions. More Regulations On The Way
Attorney Roger Petersen
Costa Rica Real Estate Transactions. More Regulations On The Way The law, "Regulation of Real Estate Contracts and Real Estate Agents" is quite ambitious in its goal and if passed would create significant changes in the way real estate transactions are carried out in the future. . . . Keep reading
Costa Rica Beach Properties - What Problems?
Attorney José Rafael Fernández
With Costa Rica beach properties, we must remember that the Costa Rican system of law is not 'Common Law'. We inherited it from Spain, who, as all the rest of the European mainland countries received the 'Roman system of Law'. . . . Keep reading
The Legal Due Diligence Process For Trusted Developers - The Law Offices of Petersen & Philps have prepared the following guidelines...
Attorney Roger Petersen & Attorney Rick Philps
The comprehensive due diligence procedures that WeLoveCostaRica.com does on your behalf before recommending a real estate developer as a Trusted Developer is undertaken by the law firm of Attorney at Law - Rick Philps and Attorney at Law Roger A. Petersen who is the author of the best-selling book 'The Legal Guide To Costa Rica.' . . . Keep reading
Buying or Building Real Estate in Costa Rica? What You Need To Know About Closing Costs. Part II with FREE online video with Attorney Roger Petersen
Attorney Roger Petersen
Buying or Building Real Estate in Costa Rica? What You Need To Know About Closing Costs. Part II with FREE online video with Attorney Roger Petersen The Notary that drafted the contract for sale and carried out the closing on the property transfer is entitled to a Statutory Fee. For many years that statutory fee has been 1.25% of the value of the transaction. However, in August 2005 ... . . . Keep reading
New Costa Rica Legal Guide - 384 pages published August 2009. On sale for US$34.95 including shipping.
Scott Oliver - September 2009
New Costa Rica Legal Guide - 384 pages published August 2009. On sale for US$34.95 including shipping. The Legal Guide to Costa Rica provides the answers to most of the questions you will have about real estate, living and doing business in Costa Rica allowing you to make sensible and informed decisions. . . . Keep reading
Expats Doing Business or Working in Costa Rica - The most important things you must know or you will be doomed from the start...
Attorney Rick Philps - September 2009
Expats Doing Business or Working in Costa Rica - The most important things you must know or you will be doomed from the start... Current trends indicate, that much more than previously, would-be immigrants to Costa Rica are coming from a much younger age group, well prior to retirement years, with the intention of being employed, or conducting a business in Costa Rica. . . . Keep reading
Costa Rica Residency Categories Explained - New Immigration Law update and FREE online video interview with Attorney Rick Philps
Attorney Rick Philps - Updated September 2009
Costa Rica Residency Categories Explained - New Immigration Law update and FREE online video interview with Attorney Rick Philps As to Costa Rica Residency, there are four basic initial categories, which may be applied for. The Application for each category, must be submitted through the Costa Rica Consulate nearest to where the applicant resides, in their country of origin. . . . Keep reading
All Notaries Are Lawyers But... Not all Lawyers are Notaries
Attorney Rick Philps
The legal system in Costa Rica is based upon the Civil or Napoleonic Law System, which exists in all of the countries throughout Latin America, unlike the United States and Canada, where English Commo . . . Keep reading
Litigation In Arbitration Courts In Costa Rica. Part 1
Attorney José Rafael Fernández
Litigation In Arbitration Courts In Costa Rica. Part 1 Arbitration is one of the methods to solve disputes between parties, in which a third party, chosen by the parties in conflict, after hearing the case and studying the evidence, decides the matter through a final resolution that has full legal value. . . . Keep reading
Litigation In Costa Rica - Part I
Attorney Roger Petersen
When a lawsuit is filed in Costa Rica it can proceed under three different procedural tracks: ordinary, abbreviated and summary procedures. Which procedure applies depends on the subject matter of the controversy. . . . Keep reading
Estate Planning in Costa Rica For Canadians
Attorney Rick Philps
Estate Planning in Costa Rica For Canadians The simple answer with respect to the Canadian drawn Will, is that as long as it complies with the formal requirements of drafting and execution in the jurisdiction where it is drawn, it will be held to be... . . . Keep reading
Tough Love - Read my response to someone who's been ripped off by someone else and then gets angry at us?
Scott Oliver - March 2009
After a series of emails where one of our recommended attorneys had gone way beyond the call of duty trying really hard to help someone - and certainly way beyond the call of $99 - which was what had . . . Keep reading
Attorney José's Three Golden Costa Rica Real Estate Rules - FREE online video interview included.
José Rafael Fernández Quesada
Attorney José's Three Golden Costa Rica Real Estate Rules - FREE online video interview included. When considering the purchase of Costa Rica real estate, my good friend and Costa Rican attorney José Rafael Fernandez who wrote the 'Top Ten Gringo Legal Mistakes' likes to advise his clients about his 'Three Golden Rules' . . . Keep reading
The Condominium HOA Meeting Procedures in Costa Rica
Attorney Rick Philps
The Condominium HOA Meeting Procedures in Costa Rica It is common for developers of single family lot subdivisions in Costa Rica, to represent to prospective purchasers, that an HOA will be formed to deal with matters of a common interest, in the public areas of the subdivision, and to propose to levy fees on the property owners to carry-out the mandate of such an HOA. . . . Keep reading
Costa Rica Law - Year End Legal House Cleaning.
Attorney Roger Petersen
It is that time of the year once again! The year is almost over and now would be a good time to check up on your Costa Rican legal matters and ensure that everything is up to date. . . . Keep reading
A Canadian Perspective on Buying Costa Rica Real Estate by Canadian/Costa Rican Attorney Rick Philps
Attorney Rick Philps
A Canadian Perspective on Buying Costa Rica Real Estate by Canadian/Costa Rican Attorney Rick Philps Canadians have a distinct tax advantage over their American cousins, in not having to declare their world income to Canada Customs and Revenue and pay taxes based on it, if they enjoy "non-resident tax status". . . . Keep reading
Costa Rica Guns - Importing Q&A.
Attorney Roger Petersen
Will I pay duties on the guns when I bring them into Costa Rica? . . . Keep reading
Costa Rica Closing Costs - On what basis are the property closing costs calculated?
Attorney Roger Petersen - October 2008
Costa Rica Closing Costs - On what basis are the property closing costs calculated? As you can see from both the Property Transfer Tax Law and the Notary Fee Executive Decree neither refers to a "fiscal value or "registry value" as the basis for calculating the transfer taxes as was alluded to in the forum. . . . Keep reading
Costa Rica Corporations - Why Pay More For Less? With FREE online video with Attorney Rick Philps
Attorney Rick Philps
Costa Rica Corporations - Why Pay More For Less? With FREE online video with Attorney Rick Philps Costa Rica, until recently, has been over-looked as one of those offshore jurisdictions where one might arrange one's personal, corporate, and/or banking affairs. . . . Keep reading
Costa Rica Attorneys Black-List
Scott Oliver
Costa Rica Attorneys Black-List Do you know if there have been any major complaints filed against the Costa Rican attorney that you are dealing with? Would you prefer to be sure? It's easy with the information that you'll find here ... . . . Keep reading
Costa Rica Real Estate - Foreigners OK To Buy with FREE online video interview with attorney Roger Petersen.
Attorney Roger Petersen
Costa Rica Real Estate - Foreigners OK To Buy with FREE online video interview with attorney Roger Petersen. A purchaser is well advised to retain the services of a qualified and reputable real estate agent, to advise on the purchase, and the services of a lawyer, specializing in real estate conveyancing, to complete any purchase transaction. . . . Keep reading
Costa Rica Real Estate Appraisal Scam - For a big US$250
Attorney José Rafael Fernandez - August 2008
Costa Rica Real Estate Appraisal Scam - For a big US$250 Last week, a real estate broker came to show the house to an attorney, claiming he represented a couple of Koreans, interested in buying a house "just like that" as soon as possible, because they were staying at a hotel in San José, and needed to move in... . . . Keep reading
Who Pays the Attorney in a Costa Rica Real Estate Transaction? Watch out for the sharks!
Attorney José Rafael Fernandez
Who Pays the Attorney in a Costa Rica Real Estate Transaction?  Watch out for the sharks! I have mentioned in previous collaborations with WeLoveCostaRica, that a buyer should never use the seller's attorney, just for the sake of saving some bucks. And I stand by my words. . . . Keep reading
Costa Rica Rental Laws - Being informed will help prevent legal conflicts.
It does not really matter if you are the landlord or the tenant. To rent a property can be a headache for any body who does not know the legal procedures that rule this commercial process. . . . Keep reading
Costa Rica Corporations - The three types
Attorney Roger Petersen
Under Costa Rican law, there are three types of legal entities which offer limited liability to its shareholders. These are the Limited Partnership (Sociedad en Comandita), Limited Liability Co . . . Keep reading
Costa Rica Lawyers & Law - The Four Parties in the Criminal Justice System
Attorney Roger Petersen
Costa Rica Lawyers & Law - The Four Parties in the Criminal Justice System Costa Rica has several independent police departments each charged with different duties. The largest police contingency, the Fuerza Publica is under the control of the Ministry of Police and Public Security (Ministerio de Gobernacion, Policia y Seguridad Publica). . . . Keep reading
Costa Rica Residency Renewal - Physical presence in Costa Rica
Costa Rica Attorney Rick Philps
Prior to the coming into effect of the new Immigration Law, in the month of August, 2006, Immigration Law Regulation #7033, provided for a minimum annual requirement of four months physical residency . . . Keep reading
The Criminal Justice System
Attorney Roger Petersen
The Criminal Justice System The criminal justice system in Costa Rica is made up of the body of laws which dictates what types of acts or offenses constitute a crime and the procedural system used by the government to charge and prosecute those offenses. . . . Keep reading
The Development of Costa Rican Law
Attorney Roger Petersen
Costa Rica acquired its independence from Spain in 1821 and ratified its first Constitution in 1825. Despite its independence from Spain and the creation of a Supreme Court of Justice, the Costa Rican legal system was dependent on Spanish law to administer justice. . . . Keep reading
Litigation In Costa Rica - Part II
Attorney Roger Petersen
These factors combined with the fact that the Costa Rican system does not provide for punitive damages and forces the losing party to pay the costs and attorney's fees of the prevailing party make litigation in Costa Rica an extremely tedious and frustrating experience which should be avoided, unless it becomes absolutely indispensable. Voltaire summed up the impact of lawsuits as follows: "I was never ruined but twice: once when I lost a lawsuit, and once when I won one". . . . Keep reading
Costa Rica Lawyers & Laws - What is the Civil Law system?
Attorney Roger A. Petersen
Costa Rica Lawyers & Laws - What is the Civil Law system? The civil law system derives from the system of jurisprudence held and administered in the Roman Empire, which developed the idea of compiling its written laws into codes. . . . Keep reading
Costa Rica Real Estate Law (Part II)
Lic. José Rafael Fernández
Costa Rica Real Estate Law (Part II) Most attorneys in Costa Rica are also Notary Publics. However, since the enactment of the "Código Notarial", as of 2003, the license to be Notary Public is not automatic for new attorneys. If they want to be such, they have to obtain a Master's Degree in the field of Notarial Law to apply for the job. . . . Keep reading
Costa Rica Laws - Using a Shelf Corporation in Costa Rica
Attorney Roger Petersen
In Costa Rica purchasing property in the name of a corporation has become very common practice. As a result many law firms offer corporations that have already been formed and are commonly referred to as a "shelf company". Since this type of corporation is already formed ... . . . Keep reading
Help-U-Search and Find Your Costa Rica Dream Home
Scott Oliver
Our goal is to: Help you to clearly define exactly what type of property you are looking for. To help you to pinpoint the best possible geographical location for you and your family and then we will recommend the most qualified and experienced real estate professionals in that area. . . . Keep reading
Costa Rica Attorney and Notary Fee Schedule.
Attorney Roger Petersen
As of August of 2005 the Executive Branch approved Executive Decree No. 32493 which sets forth the new schedule of fees for Attorney's and Notaries in Costa Rica (Arancel de Honorarios por Servici . . . Keep reading
Costa Rica Real Estate Law - Part I
Lic. José Rafael Fernandez
Costa Rica Real Estate Law - Part I If you are interested in buying real estate in Costa Rica, apart from location and price, "the" most important issue for you to know and be aware of is Costa Rica real estate law. . . . Keep reading