Civil law in Costa Rica is a codified system that regulates private relationships between individuals and entities under the Civil Code. Civil liability in Costa Rica 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.
Contractual liability—surfaces when obligations established in an agreement are not fulfilled, resulting in a breach of contract. When a compensable damage arises from the direct breach of a contract, contractual civil responsibility is enforceable. Extra-contractual liability or torts arise from the general duty not to cause harm to others (neminem leadere). Under tort law, when a compensable damage arises, from someone´s malice (dolo), or fault (culpa), the rules of civil liability are also activated. Civil law in Costa Rica extends beyond liability, covering matters such as persons, contracts, property, and successions, all regulated by the Civil Code. At CPG Legal, we represent clients in civil lawsuits for damages, contractual disputes, and tort claims throughout Costa Rica.
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. It also regulates, adverse posession.
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.
All contracts are born to be fulfilled by the contractual parties under “pact sunt servanda”: a contract is law between the parties. When a valid contract is seriously breached, the non-breaching party may seek court-ordered remedies. A breach can arise from failure to deliver goods or services, late or defective performance, non-payment, or violating agreed duties (including essential safety or security obligations). Under Article 692 of the Civil Code, the creditor may request either:
The agreement is judicially terminated (resolved) with retroactive effect. Compensation for damages can also be requested and awarded by the Civil Judge, under “restitutio in integrum”, or integral restitutio of damages.
When a party fails to perform, the creditor may request that the court compel compliance with the original terms of the contract. This is known as specific performance or forcible execution. Judges may order the breaching party to sign the transfer of a property, deliver goods, provide services, or otherwise fulfill their obligation. If compliance is no longer possible, the creditor may instead seek contract resolution and damages.
Available when the contract was flawed from the start (lack of capacity, illegal cause, impossible object, vices of consent).
In addition to resolution or enforcement, Costa Rican law allows claims for civil damages. Some of the common or typically requested civil damages are:
Actual loss (damnum emergens): Direct financial loss.
Lost profits (lucrum cessans): Expected earnings not obtained due to the breach.
Moral damages: In certain cases, for emotional or psychological harm.
Extra-contractual liability—commonly referred to as torts—arises when harm is caused outside of a contractual relationship. It is based on the universal duty neminem laedere (“do not harm others”) and is codified in Article 1045 of the Costa Rican Civil Code. To succeed in a tort claim, the injured party must prove three key elements:
Fault or intent (culpa or dolo): The defendant acted negligently, imprudently, or with wrongful intent.
Damage: There must be a real injury, whether material, economic, or moral.
Causal link: The damage must be the direct and immediate consequence of the wrongful act.
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.
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.
Costa Rican civil law distinguishes between subjective liability and objective liability when determining responsibility for damages.
Subjective liability requires proof of fault—either negligence (culpa) or intent (dolo). The injured party must show that the defendant acted carelessly, imprudently, or in bad faith, and that such conduct directly caused the damage.
Objective liability applies when the law imposes responsibility without the need to prove fault. Instead, liability is based on the risk created by certain activities or situations. The person or company that generates the risk must answer for damages, even if they were not negligent.
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 and other parties, 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.
In Costa Rica, civil liability is not only about establishing responsibility but also about quantifying and repairing the harm caused. The law recognizes several categories of damages:
The direct, material loss suffered by the victim. This includes expenses, repairs, or replacement of damaged property. Example: the cost of medical treatment after an accident, or the repair of a damaged vehicle.
Earnings that the injured party would have obtained if the harmful event had not occurred. These must be proven with reasonable certainty.
Example: a business owner who loses income because their premises were unlawfully shut down or damaged.
Compensation for non-economic harm such as pain, suffering, reputational damage, or psychological distress. Costa Rican courts recognize moral damages not only in family law but also in civil, criminal, and commercial contexts.
Example: compensation for emotional suffering due to an unlawful injury or wrongful accusation.
Civil liability cases in Costa Rica can be complex. Success often depends on proving the breach, establishing the causal link, and properly quantifying damages. Without skilled representation, you may risk losing valuable rights or recovering less than you deserve.
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.