Costa Rica Laws
Click to enlarge Costa Rica’s legal system follows the Napoleonic Code and Civil Law instead of the Common Law system you may be used to. By now you are probably aware that real estate in costa rica works quite different than where you’re from. This is probably due to Costa Rica’s legal system being derived from the Napoleonic Code and Civil Law instead of Common Law. The result is that Costa Rica law is not open to interpretation, but is based on what is established in the previously written documents such as the Constitution or other bills state, not to interpretations or previous cases. In Costa Rica, the Constitution is not just a historic document, it is the base of our law system, and is the main regulating and referential focus for the rest of the legal system. However, the Costa Rican legal system still has a long way to go, considering that the nation’s constitution was written up in 1949, and the current legal system is based on this constitution. Some of the differences between Common law systems and Civil law is not very apparent from reading documents, but it is blatantly obvious once you wish to do any kind of transaction in Costa Rica: lawyers are needed for almost any transaction.
Costa Rica’s legal system has a wide gap between law and law enforcement. There are as many laws as ways around them, and this inconsistency in law enforcement can be aggravating. Petty theft is something you have to fend off for yourself, and you have to take the measures to protect yourself and your belongings. However, to balance it off there is a great sense of freedom in the country. You won’t find signs warning you away from cliffs or steep drops, and even for high risk activities such as white water rafting or extreme adventures you won’t have to sign a release form: people assume you are out watching for yourself, and that your common sense will protect you. This lack of regulation for everything gives many foreigners a sense of freedom, of life as it once was. Children may climb trees and fall off and break an arm, and no one sues no one else: children will be children and no one would think of blaming the neighbor for letting the tree grow unprotected in their backyard. Coming to Costa Rica and experiencing the faith in other’s good sense is refreshing, and we welcome you to feel the freedom that living to Costa Rica’s laws can give.
Moving to Costa Rica or making business here requires knowledge of the laws, for you to check what your rights and obligations are. You can read about employees and employer’s rights and obligations here on the page, as well as real estate legal information and requirements for residency and our on site lawyer can assist you in any of those endeavors. However, in spite of the necessity of using lawyers for almost any transaction, Costa Rica is hardly a litigious society. Lawsuits can take many years to be resolved and usually the monetary awards are barely enough to cover medical bills or lost wages. Lawyers with notary studies make most of their wages from the usual and commonplace “tramites” such as writing up contracts, lease agreements, residency papers, marriage documents and so forth. Our in house lawyer can assist you in relocating, making business and much more, just contact us for full legal information particular to your specific case. Here are some basic questions relating to Costa Rica law that you may be wondering about in case you are visiting:
- What do you need to get married in Costa Rica?
The law that regulates marriage is included in the Family Code. For non residents, most of the same laws apply. You need a valid passport for ID purposes to get married. If either part of the couple is under age they will need parental consent before they get married. You can read more about planning your wedding in Costa Rica by following the costa Rica wedding links.
- What is this about age of consent?
Costa Rica protects its minors under law. Age of consent for consensual sexual relationships in Costa Rica is 15. However, this doesn’t include prostitution: paying for sex with minors (anyone under 18) is considered a felony. The minimum marriage age in Costa Rica is 18.
- What is the legal drinking age in Costa Rica?
In Costa Rica, 18 is the legal drinking age, as well as the age of majority. Be ready to show a picture ID such as the photocopy of your passport if you wish to go into pubs or bars, or are going to buy alcohol or cigarettes, especially if you look young.
- Can a foreigner buy property in Costa Rica?
A foreigner, even before being a resident can purchase land in Costa Rica and holds the same rights as a local. According to the Constitution, any foreigner has the same rights as a local except where it states otherwise, as is the case with political participation. Read more about this in our Real Estate information area.
- How are attorneys governed in Costa Rica?
The Costa Rica Bar Association, known as the Colegio de Abogados, drafts the guidelines that pertain to the legal professionals. An attorney has to sign up with the Colegio before being able to ply their trade and they must abide by the rules and regulations as well as the Bar Association’s moral code.
