The Development of Costa Rican Law

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.

As such, Costa Rican courts adhered to the principles and resolutions of the law of Spain. This procedure endured until 1841 when Costa Rica began to develop its own legal framework by borrowing from the legal codes of other countries. For instance, the first civil code adopted by Costa Rica was in large part a copy of the French civil code and the criminal code was identical to that of Spain.

Throughout the late 1800’s and the early 1900’s, Costa Rica developed new legal codes and revised its existing ones. The modern codes of Costa Rica are heavily influenced by those of France, Spain, Chile, Mexico and Argentina. The bulk of Costa Rican law can be found in the following codes:

(1) The Civil Code: The Civil Code (Codigo Civil) 1 is the codification of all the laws governing persons, property, succession and obligations. The Costa Rican Civil Code currently in force was first adopted on January 1, 1888 and amended by Law No. 7020 on January 6, 1986.

(2) The Commercial Code: The Commercial Code of Costa Rica (Codigo de Comercio) 2 provides the legal framework for all commercial transactions. This includes corporations, negotiable instruments, banking and bankruptcy. The Commercial Code was passed by the legislature as Law No. 3284 on September 19, 1964.

(3) The Labor Code: The Costa Rican Labor Code (Codigo de Trabajo) 3 regulates all rights and obligations of employees and employers and provides for the organization and jurisdiction of Labor Tribunals to handle labor disputes. Although social legislation was passed in the early 1900’s, the first labor code was passed in 1943 and is heavily influenced by legislation from Mexico, Chile, Colombia, Venezuela, and Argentina.

(4) The Family Code: The Family Code (Codigo de Familia)4 establishes the legal rights and obligations for marriage, divorce, paternity, guardianship and adoption. The Family Code was first adopted by the legislature by Law No. 5476 on September 21, 1973.

(5) The Code of Civil Procedure: The Costa Rican Code of Civil Procedure (Codigo Procesal Civil) 5 governs the practice and procedure that needs to be followed when appearing before the civil courts of Costa Rica. The Code of Civil Procedure currently in effect was introduced in 1989.

(6) The Code of Criminal Procedure: The Costa Rican Code of Criminal Procedure (Codigo Procesal Penal) 6 sets forth the procedures to be followed in the Costa Rican criminal courts. The current code models the German criminal procedural code and was implemented in 1998.

(7) The Penal Code: The Penal Code (Codigo Penal)7 sets forth all the acts and or omissions, which constitute a criminal offense and thus are punishable by law. The current code was passed by the Legislature as Law No. 4573 on May 4, 1970.

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Written by Attorney at Law – Roger A. Petersen. Roger has been an attorney since 1992 and is a member of both the Costa Rican and Florida Bar. He practices law in San José, Costa Rica and is the author of the best-selling book ‘The Legal Guide To Costa Rica.’

Many of our VIP Members have found the three page ‘Costa Rica Closing Checklist’ to be very helpful in educating and protecting them with the various steps involved in buying real estate. Registered VIP Members can download the Closing Checklist here.

Costa Rica Attorney Video Interviews. To help educate and protect you with your real estate investments in Costa Rica, you can enjoy the following interviews with Attorney Roger Petersen and Attorney Rick Philps online at:

• Costa Rica Real Estate – Foreigners OK To Buy with FREE online video interview.
• Costa Rica Corporations – Why Pay More For Less? With FREE online video with Attorney Rick Philps
• Costa Rica Residency Categories Explained – With FREE online video interview with Attorney Rick Philps
• Costa Rica Property Taxes – When Scott officially complained that his property tax bill was too low… FREE online video interview with Attorney Roger Petersen.
• Buying or Building Real Estate in Costa Rica? Here is What You Need To Know? Part I with FREE online video interview with Attorney Roger Petersen.

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Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.