Costa Rica's Legal System
Costa Rica has a well-developed civil law legal system rooted in the Napoleonic code tradition. The 1949 Constitution is among the most progressive in the Americas — it abolished the military, guarantees free education and healthcare, and enshrines strong environmental protections. Foreigners enjoy the same fundamental rights as citizens under the Constitution.
Is Costa Rica's legal system similar to the US or UK?
No — Costa Rica uses a civil law system (like France, Spain, and most of Latin America), not the common law system used in the US, UK, Canada, and Australia. Civil law systems are based on written codes and statutes rather than judicial precedent (case law). Judges interpret and apply codes; they do not follow precedents from previous court decisions in the same way common law judges do. This is an important distinction when seeking legal advice from attorneys trained in common law jurisdictions.
Legal Tradition: Civil Law
Costa Rica's legal framework descends from Spanish colonial law, which in turn was heavily influenced by the Napoleonic Code of 1804. Key characteristics of this civil law system:
- Laws are organized into comprehensive written codes: Civil Code, Commercial Code, Penal Code, Family Code, Labor Code, etc.
- Judges apply the codes rather than following case precedent. Previous court decisions can be persuasive but are not binding (except constitutional rulings from Sala IV).
- The legal process is largely written, not oral. Documents and written arguments are more central than courtroom arguments.
- Notarios públicos (notary-lawyers) play a unique and essential role — in Costa Rica, only licensed attorneys can be notaries, and many official acts must be performed before a notary.
- Criminal proceedings are inquisitorial in tradition, with judges playing a more active investigative role than in common law jury systems.
The 1949 Constitution
Costa Rica's current Constitution was drafted in 1949 following a civil war. It is a landmark document in Latin American constitutional history, notable for:
Abolished the Military
Article 12 permanently abolished the military. Costa Rica has not had an army since 1948 — a radical and historic decision. The money previously spent on the military was redirected to education and healthcare. Costa Rica's stability and prosperity are often attributed partly to this decision.
Free Education & Healthcare
The Constitution guarantees free and compulsory primary and secondary education (Article 78) and free healthcare through the CCSS (Article 73). These rights apply to all residents, including undocumented immigrants for basic emergency care.
Environmental Rights
Costa Rica has some of the world's strongest constitutional environmental protections. Article 50 grants every person the right to a healthy and ecologically balanced environment. Environmental law is robust and courts have upheld it against industrial and development interests.
Equal Rights for Foreigners
Article 19 states that foreigners have the same individual and social rights and duties as Costa Ricans. There are some exceptions (voting rights, certain public positions), but the fundamental constitutional protections extend to all people in Costa Rica regardless of nationality or immigration status.
Court Structure
Sala IV (Sala Constitucional)
The Constitutional Chamber of the Supreme Court is perhaps the most powerful court in Costa Rica. It reviews the constitutionality of laws and government actions, and any citizen can file a recurso de amparo (constitutional protection writ) or acción de inconstitucionalidad (unconstitutionality action) directly. The Sala IV has struck down government actions, protected environmental rights, and shaped social policy. It is widely respected and surprisingly accessible to ordinary citizens.
Supreme Court (Corte Suprema de Justicia)
The Supreme Court is the highest court for non-constitutional matters. It consists of four chambers (salas): Sala I (civil/commercial), Sala II (family/labor), Sala III (criminal/penal), and Sala IV (constitutional). Twenty-two magistrates serve staggered 8-year terms, renewed by the Legislative Assembly.
Courts of Appeal (Tribunales de Apelación)
Intermediate appellate courts review decisions from lower courts. Cases in civil, criminal, family, labor, and administrative law each follow their respective appellate track before potentially reaching the Supreme Court.
Trial Courts (Juzgados)
First-instance courts in each jurisdiction handle initial filings, hearings, and judgments. Specialized tribunals exist for family law, labor disputes, administrative law, agrarian matters, and more. Each province (canton) has juzgados handling routine civil and criminal matters.
Administrative Courts (Tribunales Contencioso-Administrativos)
A separate track of courts handles disputes involving government entities and administrative decisions. If you have a dispute with a government agency (immigration, tax authority, etc.), it typically goes through the administrative court system before appealing to the Supreme Court.
The Role of the Notario Público
In Costa Rica (as in most civil law countries), a notario público is not simply a person who stamps documents — it is a licensed attorney who has passed a separate certification to perform official legal acts. Only attorneys can be notaries in Costa Rica. This means:
- All real estate transactions must be executed before a notario público (who drafts the deed, certifies signatures, and registers the transaction at the Registro Nacional).
- Company formations (Sociedad Anónima, SRL) require a notario to draft and certify the articles of incorporation.
- Powers of attorney, wills, and many other official legal documents must be executed before a notario.
- Notarios charge set fees established by the Colegio de Abogados y Abogadas (Bar Association) for many services, especially real estate transactions.
- Your notario in a real estate deal is your most important advisor — they represent the transaction, not a particular party.
Contracts in Costa Rica
Verbal Contracts Are Legally Binding
In Costa Rica, verbal contracts are legally enforceable. If you agree to something verbally, you may have entered into a binding contract. This applies to rental agreements, service agreements, employment arrangements, and more. However, proving the terms of a verbal contract is difficult. Always, always get written contracts — signed by all parties, ideally before a notary for important matters.
Written contracts should be in Spanish for legal proceedings in Costa Rica. If your contract is in English, it should have an official Spanish translation. Key things to include in any CR contract:
- Full legal names and cédula/DIMEX/passport numbers of all parties.
- Specific obligations of each party — in detail.
- Payment terms, amounts, currency, and due dates.
- Duration/term of the contract and renewal terms.
- Dispute resolution mechanism — specify arbitration over court proceedings if you want faster resolution.
- Applicable law (Costa Rican law) and jurisdiction.
- Force majeure provisions.
Dispute Resolution
Court System
Costa Rican courts are overwhelmed and cases move slowly. A civil dispute can take 3–7 years to resolve through the court system. Criminal cases have improved somewhat. Courts are honest but slow. If you need quick resolution, courts are rarely the answer.
Arbitration
Many expats and businesses include arbitration clauses in contracts. The Centro Internacional de Conciliación y Arbitraje (CICA) and other bodies offer faster resolution. Arbitration decisions are binding and enforceable. Much faster than courts: typically 6–18 months.
MEIC Consumer Protection
For consumer disputes with businesses, MEIC (Ministerio de Economía, Industria y Comercio) has a consumer protection directorate. Filing a complaint with MEIC is free, faster than court, and businesses must respond. Effective for disputes with service providers, retailers, and contractors.
Labor Court
Labor disputes have their own dedicated track through the labor courts (Juzgados de Trabajo). Worker protections in Costa Rica are strong — employees have significant rights regarding dismissal, severance (prestaciones), and working conditions. The labor court system is more streamlined than civil courts.
Property Rights for Foreigners
Costa Rica has strong property rights protections for foreigners — one of the reasons it attracts so much foreign investment. Key points:
- Foreigners (both residents and non-residents) can own property in Costa Rica with the same rights as citizens.
- There is no restriction on the percentage of land a foreigner can own.
- Property ownership is recorded at the Registro Nacional (National Registry) — always verify title before purchasing.
- Maritime Zone Law (Ley de Zona Marítimo Terrestre) restricts ownership of the 200-meter coastal zone — the first 50 meters is public land, the next 150 meters can only be held via concession, not title.
- Squatters (precaristas) can claim rights on unoccupied private land — this is a real risk for rural and remote properties. Maintain physical possession of your land.
- Always use a reputable local attorney and title insurance (available from US companies) for real estate transactions.
Key Government Entities
DGME
Dirección General de Migración y Extranjería
Immigration authority — handles residency applications, visas, and entry permits.
MEIC
Ministerio de Economía, Industria y Comercio
Commerce ministry — consumer protection, business licensing, and trade regulation.
CCSS (Caja)
Caja Costarricense de Seguro Social
Social security and public health system — mandatory enrollment for residents.
SUGEF
Superintendencia General de Entidades Financieras
Financial services regulator — oversees banks, cooperatives, and financial institutions.
MINAE
Ministerio de Ambiente y Energía
Environment and energy ministry — national parks, CITES enforcement, environmental permits.
Hacienda
Ministerio de Hacienda
Treasury and tax authority — income tax, IVA, customs, and fiscal policy.
INDER
Instituto de Desarrollo Rural
Rural development — land titling and agricultural programs in rural areas.
Registro Nacional
Registro Nacional de la República
National registry — records all property titles, company registrations, liens, and legal instruments.
Finding a Lawyer in Costa Rica
All licensed attorneys in Costa Rica are registered with the Colegio de Abogados y Abogadas de Costa Rica. You can verify any attorney's credentials through their registry. For expats, look for bilingual attorneys with experience in the specific area you need (immigration, real estate, corporate, family, etc.). US embassy and other embassies maintain lists of local attorneys. Rates are generally lower than in North America — $100–$300/hour for senior attorneys in San José.