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. A civil action is exercised through a lawsuit containing one or various specific claims. The Judge, imbued with jurisdiction, will resolve your case through a judgment. Costa Rica has made progress with the duration of civil actions. We have a new Civil Procedural Code, that has greatly reduced the length of civil proceedings. All commercial and civil disputes, are regulated through the Civil Procedural Code. This type of procedural litigation, falls under a branch of the law called “Procedural Law.”
What is not asked for is not given. Knowing what to request is an art all in itself. An adage says that for a civil action to be successful, you must first be right in your claim. But being right is not enough. You must also know how to request your claim and hope the Judge will sustain it. If you need to file a claim against someone or defend yourself from one, we are the legal professionals you need.
What requirements must be met to file any civil lawsuit in Costa Rica?
- The names and identification information for the plaintiff and the defendant.
- The facts of your civil case are in chronological order and enumerated logically. Facts are part of the “causa petendi,” or the cause of the civil pretensions.
- The specific pretensions or claims of your civil case. What is not asked for is not given.
- If civil damages are requested, the specification, cause, and motivation of each one and their quantification.
- The legal foundation of the law suit.
- The enunciation of the evidence you submit with your lawsuit. (Testimonial evidence, documental, judicial recognitions, counter-party interrogation, etc.)
- The founded estimation of your civil suit and a medium by which to served with notifications.
Civil actions in Costa Rica:
All civil actions in Costa Rica are exercised through filing a lawsuit. When you do, you initiate a case-specific judicial process. Depending on your claim, Costa Rica has the following civil processes:
1. The Ordinary Process or “Proceso Ordinario”. (Which we will cover in this article.)
2. The Debt Collection Process. “Proceso Monitorio” (For loan collections in Costa Rica.)
3. The Summary Civil Process, or “Proceso Sumario.”
4. The Execution Civil Process, or “Proceso de Ejecución Pura”. (For mortgage and lien debt collections)
In this article, I will cover the ordinary civil process and the claims that can be filed through it. Contractual breaches, damages, personal injury, torts, and land property disputes are all argued through the ordinary process. Commercial, agrarian, and other claims must also be disputed through the ordinary process unless another specific legal route is stipulated by law.
Other types of legal claims like debt collections, bankruptcy, rent evictions, are argued through other case-specific processes. Debt collections can be filed through an execution process if you are executing a mortgage or a lien. If you have a promissory note or any other type of executive title, then a monitory civil action must be exercised.
What is the ordinary civil process?
It´s a residual one. If your claim does not follow a case-specific process, it must be filed in an ordinary process. This process represents quintessential civil litigation in Costa Rica. It´s a declarative process, and can be used to argue the following civil cases and many more:
- Land possession and property disputes.
- Commercial and civil breaches of contract and annulments.
- Civil remedies and reparation actions.
- Simulation and revocation actions.
- All other actions that don´t have a specific process stipulated by law.
Are there any hearings in this type of legal action?
Yes. There are two oral hearings. The first one is a preliminary hearing. The second one is the civil case trial itself. In this second hearing, all the evidence is evacuated. Attorneys later render their closing arguments, and the Judge retires to deliberate before sentencing.
Sentencing and Verdict:
After deliberation, the judge will let the parties know his judgment. This resolution is notified to all parties. Depending on the estimation of the lawsuit, this resolution can be appealed to either the Supreme Court or a Superior Tribunal. Appeals to the Supreme Court are highly technical. The final judgment produces an effect called “material res judicata.” This means the legal dispute can´t be filed again without violating double jeopardy rules or “non-bis in idem.” A legal claim can´t be argued more than once. These rules apply to both criminal and civil law, but exceptions exist. As a trial attorney in Costa Rica, I may recommend this process to protect you under the rules of material res judicata.
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.
Real civil actions in Costa Rica.
Another important area of civil law in Costa Rica is property law. It regulates the acquisition, ownership, and transfer of property. It also regulates the rights and obligations of property owners. Property legal actions include: the revindication action, posession civil claims, and real estate injunctions.
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.