Types of civil actions in Costa Rica. ☎️ Torts and civil law claims.
Costa Rica respects the right to file any action, which is a natural right. It consists of a legal power to request the satisfaction of a claim to the jurisdictional organs of the State. At CPG Legal, we represent individuals and businesses in various civil actions throughout Costa Rica. Civil law governs disputes between private parties and provides legal remedies for the enforcement of rights, recovery of debts, compensation for damages, and protection of property and contractual interests. Civil actions in Costa Rica refer to legal claims brought by individuals or entities to protect or enforce their private rights. These actions encompass a broad range of disputes, including contract breaches, property claims, and personal injury matters.
Common types of civil claims in Costa Rica:
Costa Rican law recognizes a broad range of civil actions to resolve disputes between individuals and entities. Some of the most frequent include:
Breaches of Contract:
Civil litigation frequently involves disputes over contracts. When one party fails to fulfill its obligations, the injured party may initiate a civil action to demand compliance (forceable execution) or the contractural resolution (resolución del contrato), and in both scenarios, seek monetary compensation. These claims are governed by the Civil and Commercial Codes, which hold the debtor liable for damages resulting from non-performance.
Debt Collection and Enforcement:
If you are owed money under a promissory note, invoice, or other document, you may file a civil action. The availability of action depends on the nature and enforceability of the debt.
Property and Possession Claims:
Replevin actions (acción reivindicatoria), eviction remedies, and actions to protect possession or ownership of real estate are common. Real property and possession-related civil actions include boundary disputes, eviction claims, and enforcement of ownership rights. Costa Rican civil law recognizes remedies such as the reivindicatoria (ownership) action and interdictos (possessory remedies).
Civil Liability and Damages:
A party who suffers harm — whether through a breach of contract or another party’s negligence — may seek compensation through a claim for damages (acción de daños y perjuicios). Costa Rican law recognizes both contractual and extra-contractual (tort) liability.
Under Article 1045 of the Civil Code, anyone who causes harm through fault, negligence, or intent must compensate the injured party. In contract cases, Article 702 provides for liability where obligations are not fulfilled, unless excused by force majeure or similar events.
What other types of civil actions can you file in Costa Rica?
In Costa Rica, civil actions encompass a broad set of legal remedies under private law. Beyond breach of contract and damages, here’s a more complete list of civil actions recognized or commonly practiced in Costa Rican courts, all governed by the Civil Code, Code of Civil Procedure (CPC), and special laws:
Declaratory Civil Actions (Acciones Declarativas):
A declaratory civil action, aims for a judgment declaring the existence, or non existence of a legal relationship, or a right. Typical declaratory actions pertain to ownership, or to declare the existence of a contract.
Constitutive Actions (Acciones Constitutivas):
The constitutive civil action, is filed to request a judgment, to create, modify, or extinguish a legal situation by judicial ruling. Examples are the judicial termination fo a lease
Executory Actions (Acciones Ejecutorias o de Ejecución):
These civil actions seek to enforce unpaid obligations, such as those is guaranteed by mortgages (hipotecas), or liens (prendas).
Possessory Civil Actions:
Possessory actions are legal remedies designed to protect or restore possession of property — regardless of ownership. Under Costa Rican law, possession itself is protected as a legal right, and individuals may initiate court proceedings to defend it even if they are not the registered owners.
These actions are especially important in real estate disputes, including unlawful occupation, neighbor conflicts, and adverse possession scenarios. Possessory Injunctions (interdictos posesorios), are summary proceedings intended to protect peaceful possession. They must be filed within one year of the disturbance or dispossession.Real Property Civil Actions:
Costa Rican law provides several legal remedies to protect and enforce real property rights, including ownership, possession, boundaries, and easements. These actions are essential for individuals and companies seeking to assert or defend property interests, particularly in disputes over land. These include the following:
1. Action For Recovery of Ownership: This is the primary action available to registered owners who have been unlawfully dispossessed of their real estate. The plaintiff must prove:
Lawful ownership (usually through registration in the Public Registry),
Current dispossession,
That the defendant is in possession without legal justification.
It is a recognized civil action under Costa Rican civil law..
2. Acción Negatoria (Denial Action): Used to deny or prevent interference from third parties claiming non-existent rights over one’s property (e.g., someone alleging a right of way or servitude that doesn’t exist). It seeks a judicial declaration rejecting the claimed right and an order to cease interference.
3. Acción Confesoria (Affirmative Civil Action): The inverse of the negatoria, this action is used to affirm and enforce a real right, such as an easement (servidumbre), over another’s property. It requires proving the legal existence of the right, usually through the Registry or longstanding use.
4. Deslinde y Amojonamiento: (Boundary Demarcation). This action is filed when boundaries between adjacent properties are unclear or disputed. It seeks a judicial order to determine, mark, and register the correct boundaries.
Often necessary in rural or undeveloped areas,
May involve expert surveyors and coordination with the National Registry.
Personal Actions (Acciones Personales):
Enforce personal rights arising from contracts, obligations, or unjust enrichment. These actions Include most contract disputes and damage claims.
Tort or Damages Actions (Acción de daños y perjuicios):
Seek compensation for harm due to fault or negligence (subjective), or in cases where the law imposes liability regardless of fault (objective).
Simulations, Revocation, Anullment and Rescission Civil Actions:
These civil actions seek to anull contracts, obligations, and corporate agreements.
CIVIL LIABILITY IN COSTA RICA
Civil responsibility and Damages:
There are two main types of civil responsibility in Costa Rican civil law:
Contractual responsibility:
Contractual responsibility stems from a contract. Breaches of contracts and annulment causes generate this type of responsibility. The action will affect the contract itself and generate compensatory damages to the petitioner as well as attorney costs and fees.
Extra contractual responsibility (torts):
Extra contractual responsibility is born through violating the legal principle of “do no harm to others,” or “neminen laedere” in Latin. Torts are also known as civil wrongs. In Costa Rica, torts are governed by the Civil Code, article 1045. This is the realm of extra-contractual responsibility.
Contractual civil responsibility in Costa Rica:
The contractual annulment civil claim:
A civil claim may be filed to request that the contract be declared null and void. This civil claim may be triggered for varied reasons. One is the lack of cognoscitive capacity to understand what was being signed. Another is if the object of the contract is physically or legally impossible to fulfill. A person´s consent is essential as well. If there are consensual vices, they can render the negotiation null and void. The cause of the contract is a crucial element as well. If the contract’s cause is illegal, it renders the agreement null and void. There are many examples and reasons to render a contract null and void, and they should be considered. Contract annulments can only be deemed as such by the corresponding Judge.
The specific performance civil lawsuit:
This is what we call forceable execution or “ejecución forzosa.” The non-breaching party can request this civil claim. It seeks to forcibly execute the contract’s terms instead of the contract´s resolution. The civil plaintiff can also request civil damages restitution.
Contract breach resolution action:
A non-breaching party can seek to terminate the contract. Everything returns to the initial state before the contract was even signed. This is called a contract resolution. Additionally, the non-breaching party may request civil compensation for damages and interest.
Extra - Contractual civil law claims in Costa Rica:
Intentional torts regulated by civil law:
Actions committed with intent, or “dolus malus,” can generate civil responsibility if there is a violation of other people´s rights. These intentional torts occur when an individual or organization intentionally causes harm to another person. For example, if someone intentionally hits another person with a car, besides penal responsibility, they may be liable for civil litigation for damages caused. One act can infringe on several branches of the law all at once.
Fault torts:
This is also true for actions done with fault or “culpa.” The main torts in Costa Rica are negligence, imprudence, and incompetence. Negligence occurs when an individual or organization fails to exercise reasonable care and causes harm to another person. For example, suppose a driver causes a car accident because they didn´t provide the proper care for the vehicle driven. This is a negligent act that causes civil responsibility. Or say the accident was caused because the driver was distracted or driving under the influence. This is imprudence. Lastly, if the accident is caused by the person not learning to drive correctly, this is incompetence. In these cases, liability (responsibility), is due for the damages caused to others.
Strict liability torts in Costa Rica:
This is called “objective civil responsibility.” This type of responsibility is the exception since civil fault, or culpa, does not matter. It does not matter whether there was intent or a duty breached; the defendant is liable because the matter is so vital that the law makes an exception. For example, if a defective product caused an injury, the manufacturer or store that sold it could be held liable.
Defamation and libel torts.
Defamation is also a form of tort in Costa Rica; it refers to the act of making false statements that harm the reputation of another person. It can consist of written statements, such as in a newspaper or online, or verbal statements, such as in a radio or television interview. On a side note, even though defamation torts are civil, they are usually in criminal courts. This is a curious aspect of torts in Costa Rica.
Other of civil law torts.
Another area of tort law in Costa Rica is product liability. This type of tort holds manufacturers, distributors, and sellers liable for harm caused by defective products. For example, if a defective product injures a consumer, the manufacturer may be responsible for the damages caused. Costa Rica also has specific laws regulating torts in certain areas, such as consumer protection. Consumer protection law governs companies’ liability for false advertising and other deceptive practices.
In summary, torts in Costa Rica are a type of civil law regulating individuals’ and organizations’ liability for harm caused to others. Negligence, intentional acts, defamation, and product liability can cause torts. Costa Rica also has laws regulating torts in certain areas, such as consumer protection and environmental law. It’s always recommended to seek legal advice if you believe you have been a victim of a tort or if you are facing a tort lawsuit.
Probate successions and civil law in Costa Rica:
Succession law is also regulated by the Civil Code, which covers distributing a deceased person’s property and assets among their heirs. The Civil Code also establishes the rules for drafting and executing wills in Costa Rica. Wills in Costa Rica are prone to annulment civil actions if the essential legal requirements were not met adequately.
Overall, the Civil Code of Costa Rica provides a comprehensive framework for regulating the relationships between individuals and legal entities in the country, covering a wide range of civil law matters. For example, contract law, property law, civil obligations, torts, and civil responsibility, are many aspects of civil law in Costa Rica. However, it’s worth noting that Civil law can be complex and that it’s always best to seek the advice of a lawyer or a notary public if you have any doubts or need help with a specific matter.
Dr. Christopher Pirie.