Civil law in Costa Rica has its origins in the Spanish colonial legal system, particularly the Novísima Recopilación of 1805. After independence, Costa Rica adopted its first comprehensive code in 1841, known as the Código General, which combined civil, criminal, and procedural provisions inspired by the Napoleonic Code but maintained influences from canon and Castilian law.
The current Civil Code, enacted in 1888, continues to serve as the cornerstone of private law in Costa Rica, regulating persons, property, obligations, contracts, and successions.
Over time, many special laws—such as the Tenancy Act, Family Code, Horizontal Property Law, and Consumer Protection Act—have complemented or modernized specific areas of civil law.
The Civil Code of Costa Rica establishes the fundamental rules concerning individuals, their legal status, domicile, and capacity to act. It regulates when a person acquires full civil rights, the limitations on capacity, and the role of the Civil Registry in recording vital acts such as birth, marriage, and death. These rules ensure the recognition of individuals within the legal system and are essential for understanding civil rights in Costa Rica.
Costa Rican civil law provides a comprehensive framework for property ownership and real rights. It regulates the acquisition, possession, and transfer of property, as well as rights such as usufruct, easements, mortgages, and liens. These provisions are fundamental for real estate transactions, protecting ownership rights, and structuring guarantees. For anyone dealing with real estate in Costa Rica, the Civil Code offers the backbone of property law.
The Civil Code establishes the general theory of obligations, which is the basis for all contracts and enforceable duties in Costa Rica. It explains how obligations arise, the ways they must be performed, and how they may be extinguished. From private agreements to large-scale business transactions, contract law ensures legal certainty in civil and commercial dealings. Understanding obligations and contracts is crucial for anyone entering into legal agreements in Costa Rica.
Civil Law also governs succession law, covering both intestate succession (when no will exists) and testamentary succession (when there is a will). It sets out the rules for inheritance, forced heirs, testamentary dispositions, and the division of estates. Succession law ensures the orderly transfer of assets and rights upon a person’s passing.
Another key area of the Civil Code is prescription, which regulates how rights can be acquired or extinguished by the passage of time. The law provides specific limitation periods for civil actions, property claims, and contractual enforcement. These rules are critical in determining when a legal claim is still valid in Costa Rica.
The statute of limitations may be positive or negative. Positive prescription, is the time it takes to acquire a right, such as adverse possession. Negative prescription, on the other hand, regulates how rights can be lost, after a given timeframe. (For example, the right to collect a debt, is subject to a negative statute of limitations.
Civil liability in Costa Rica is founded on contractual breaches, and torts. Civil damages produced through intent, negligence, or imprudence must be compensated. This area covers both contractual liability (breach of agreements) and extra-contractual liability (torts), making it a cornerstone of the civil justice system.
Civil responsibility refers to the legal obligation to repair or compensate damages caused to another person. Reparations are born when there is civil damage, whether through a breach of contract or through a wrongful act (tort). Our legal system recognizes two main areas of civil responsibility: contractual civil liability, and extra-contractual civil responsibility.
Civil lawsuits in Costa Rica demand a strong understanding of both substantive civil law and procedural law.A well-prepared civil attorney must not only prove the existence of a right or breach but also navigate the procedural framework of the Civil Procedural Code, ensuring proper filing, deadlines, and evidentiary compliance.
At CPG Legal, we have over 20 years of experience representing expats, investors, and businesses in contractual disputes, tort claims, and civil damages litigation. We provide bilingual legal services and appear before courts throughout Costa Rica, including San José, Guanacaste, Puntarenas, Heredia, Alajuela, Limón, and Cartago.
Dr. Christopher Pirie.