Civil Litigation in Costa Rica ☎️ Civil Procedures & Lawsuits
Civil litigation in Costa Rica refers to the judicial mechanisms available to resolve private disputes between individuals and legal entities. These disputes are handled through formal civil lawsuits governed by the Civil Code and the Civil Procedural Code, which establish the rules for asserting rights, presenting evidence, and obtaining binding court decisions.
Civil litigation does not follow a single procedural path. Instead, Costa Rican law provides different civil procedures, each designed to address specific types of civil actions. The applicable process depends on the nature of the claim, the rights involved, and whether the law assigns the dispute to a special or expedited procedure.
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:
The Ordinary Civil Process for all Residual Civil Claims:
The Ordinary Civil Process (proceso ordinario) operates as the residual and default procedural framework in civil litigation. It applies whenever a civil claim is not subject to a special process established by law and requires a full evidentiary phase, oral hearings, and judicial analysis of contested facts and legal arguments. The following actions and claims can be exercised and requested through the Ordinary Civil Process:
Breaches of Contract:
Civil litigation frequently involves disputes over breaches of contracts. When one party fails to fulfill its obligations, the injured party may initiate a civil action to demand compliance (forceable execution) or the contractual 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.
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 civil 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.
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 delarations, 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
Civil Actions regarding property (acciones reales):
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. If ownership has not been transfered at the public registry, and you are the rightful owner, litigation might be necessary. The declaratory action, is usually the way to go, so that your property rights are declared. Other Real Property Actions include the following:
Restitution Action (Acción reivindicatoria):
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.
Negatory Action (Acción Negatoria):
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.
Affirmative Civil Action (Acción Confesoria):
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.
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.
Other Civil Procedures:
Alongside the ordinary process, Costa Rican civil litigation includes special procedural routes, such as the Monitory Process for debt collection and the Summary Civil Process for specific actions defined by statute. Each civil procedure follows its own structure, timelines, and evidentiary rules, as established by procedural law.
The Monitory Civil Process (Proceso Monitorio) :
If you are owed money under a promissory note, invoice, or other document, you may file a civil action. If you have an executive title such as a promissory note, you can file a Monitory Collection Process. The availability of action depends on the nature and enforceability of the debt.
The Summary Civil Process (Proceso Sumario)
The Summary Civil Process (proceso sumario) is a special procedural route within civil litigation in Costa Rica. It is designed to resolve specific civil actions through a simplified and expedited structure, when the law determines that a full ordinary trial is not required.
Unlike the ordinary civil process, the summary process concentrates the dispute into a single hearing, limits procedural stages, and shortens deadlines, while still preserving due process and the parties’ right to be heard.
When is the Summary Civil Process Used?
Costa Rican procedural law assigns certain civil actions to the summary process based on their nature and urgency. These cases are expressly listed in Article 103 of the Civil Procedural Code and include, among others:
Lease-related disputes and eviction claims not subject to the monitorio process
Interdict actions to protect possession
Suspension of new construction works (suspensión de obra nueva)
Demolition actions (derribo)
Possessory disputes over movable property
Delivery or restitution of goods when a valid title exists
Disputes related to co-ownership, condominium administration, and shared ownership
Actions involving guarantees, rights of way, and rights of retention
Other matters expressly assigned by special laws
Relationship with the Ordinary Civil Process:
When a summary civil action is dismissed, Costa Rican law allows the claimant, under certain conditions, to request the conversion of the summary process into an ordinary civil process. In such cases, procedural acts and evidence already produced may retain their validity, provided that due process is preserved.
Learn more about the Summary Civil Process in Costa Rica.
The Judgment Execution Process (Proceso de Ejecución de Sentencia)
The Civil Execution Process (proceso de ejecución) is the procedural mechanism used in Costa Rica to enforce final judgments, court-approved settlements, and other enforceable legal instruments.
Unlike declaratory civil litigation, execution proceedings do not seek to determine rights, but rather to compel compliance with obligations that have already been judicially or legally established.
When does the Civil Execution Process apply?
Execution proceedings apply when a party fails to voluntarily comply with final civil judgments. It also applies when parties fail to comply with Court-approved agreements or settlements, and enforceable titles (títulos ejecutorios) recognized by law The execution is initiated at the request of the prevailing party, and jurisdiction generally lies with the court that issued the judgment or approved the agreement.
Relationship with Civil Litigation
The civil execution process is procedurally independent, but substantively linked to prior civil litigation or enforceable legal acts. Once a judgment acquires res judicata effect, execution proceedings become the legal avenue to transform judicial recognition into real and effective satisfaction of the creditor’s rights.
Mortgage and Pledge Foreclosure Proceedings in Costa Rica
Mortgage and pledge execution proceedings are special civil enforcement processes designed to foreclose on secured obligations, allowing creditors to directly enforce their preferential rights over mortgaged or pledged assets.
In Costa Rica, registered mortgages and pledges constitute enforceable executive titles, enabling expedited foreclosure proceedings without the need for a prior declaratory judgment.
Relationship with other execution procedures
Mortgage and pledge execution proceedings are governed by their specific rules, but they are supplemented by the general provisions applicable to execution for liquid sums and judicial auctions, insofar as those rules are compatible. This procedural structure ensures both speed and legal certainty, balancing creditor protection with limited but effective debtor defenses.
Learn more about Mortgage Foreclosure and Pledge Execution in Costa Rica.
Third Party Claims (Tercerías) in Costa Rican Civil Litigation
Third-party claims (tercerías) are special procedural mechanisms that allow non-party individuals or entities to intervene in civil enforcement proceedings when their legal rights are affected by a seizure, attachment, or judicial sale of assets.
Costa Rican civil procedure recognizes third-party claims as an essential safeguard to protect ownership rights, payment priority, and proportional participation in enforcement outcomes.
Learn more about Third-Party Claims (Tercerías) in Costa Rica.
Non-Contentious Civil Proceedings in Costa Rica
Non-contentious civil proceedings in Costa Rica apply when a judicial intervention is required without the existence of a dispute between opposing parties.
These proceedings are used to authorize, homologate, control legality, or formally communicate acts of will when the law requires court involvement but no adversarial conflict exists.
Unlike ordinary or summary litigation, non-contentious proceedings do not seek to resolve a dispute, but rather to provide legal certainty and judicial oversight.
Learn more about Non-Contentious Civil Proceedings in Costa Rica.
The Statute of Limitations to File a Civil Lawsuit in Costa Rica.
Most civil actions in Costa Rica are subject to a statute of limitations (prescripción). The statute of limitations is different to each specific claim, and can vary. For example, contractual actions base on a commercial nature are subject to a statute of four years. Tort claims have a statute of ten years, and some actions must be filed in a year. Filing within the legal timeframe is essential to maintain your right to recovery.
Filing a Civil Lawsuit in Costa Rica:
Costa Rican law requires that parties be represented by a licensed attorney for all ordinary civil lawsuits. Trial attorneys play a critical role in drafting pleadings, producing evidence, arguing motions, and ensuring procedural compliance. Failing to respond to a lawsuit on time, or without proper legal counsel, can result in default judgment. At CPG Legal, we guide you from the very first consultation through the conclusion of trial and appeals, if necessary.
Civil litigation in Costa Rica is conducted through different procedural frameworks, depending on the nature of the claim and the type of action involved. Each civil process follows its own procedural structure, timelines, and evidentiary rules, as established by the Civil Procedural Code and special legislation.
Dr. Christopher Pirie Gil.