Civil Code of Costa RicaCódigo Civil de Costa Rica

Custom, usage, and the general principles of Law are unwritten sources of the private legal system and shall serve to interpret, delimit, and integrate the written sources of the legal system.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

However, if the error or defect involves only one or some of the norms of a law, the other provisions of that law shall have full validity, independently of the subsequent publication made thereof, provided they are norms with their own value that would have been applied in that manner.

(Thus amended by article 1 of law No. 7020 of January 6, 1986. The spelling and grammar of the text are respected, as it was published)

The repeal shall have the scope law, on the same matter, that is incompatible with the previous one.

By the mere repeal of a law, those that the latter had repealed do not regain force.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

Interpretation and application of legal norms

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

When in the month of the period expires on the last day of the month.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

If the last day is a non-business day, the period shall be deemed extended to the immediately following business day.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

General effectiveness of legal norms

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

Any act or omission in a contract, which, due to the intention of its author, its object, or the circumstances in which it is carried out, manifestly exceeds the normal limits of the exercise of a right, causing damage to a third party or to the counterparty, shall give rise to the corresponding compensation (indemnización) and the adoption of judicial or administrative measures that prevent the persistence of the abuse.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

Norms of Private International Law

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

For wills (testamentos), the laws of the country where the testator has their domicile shall be applied.

(The third paragraph was repealed by article 4, point c) of the law that approved the Family Procedural Code (Código Procesal de Familia), No. 9747 of October 23, 2019) (Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

For cases in which the laws of Costa Rica require a public instrument (instrumento público), private documents (escrituras privadas) shall not be valid, whatever the force of these may be in the country where they were granted.

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1)

(Thus amended by Law No. 7020 of 6 of January, 1986 , article 1) BOOK I (NOTE: by Law No. 7020 of 6 of January, 1986 , article 2, the numbers of this Book I were moved to occupy numbers 31 to 79, inclusive) OF PERSONS

EXISTENCE AND LEGAL CAPACITY OF PERSONS

Existence of persons

The loyal representation of the being in gestation corresponds to whoever would exercise it as if they had been born, and in case of their impossibility or incapacity, to a legal representative (representante legal).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 13 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 14 to the current one).

The State is a legal entity by operation of law (de pleno derecho).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 15 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 16 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 17 to the current one).

Of the capacity of persons

Regarding natural persons, it is modified or limited, according to the law, by their marital status, their volitional or cognitive capacity or their legal capacity; in legal entities, by the law that regulates them.

(Thus amended by article 2 of law No. 7640 of 14 of October, 1996 . By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 18 to the current one)

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 19 to the current one).

(By Law No. 7020 of January 6, 1986, article 2, its number was moved from 20 to the current one).

(Thus amended by article 2 of Law No. 8571 of February 8, 2007)

1st (Repealed by article 4 of law No. 9406 of November 30 , 2016, "Strengthening of the legal protection of girls and adolescent women in situations of gender-based violence associated with abusive relationships."); and 2nd- If they executed or entered into the act or contract claiming to be of legal age and the party with whom they contracted had a rational motive for accepting the statement as true.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 21 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 22 to the current one).

(Thus amended by article 79 of the Law of Equal Opportunities for Persons with Disabilities, No. 7600 of 2 of May, 1996 ) (Thus its numbering moved by article 2 of Law No. 7020 of 6 January 1986, which transferred it from old article 23 to 41)

(Repealed by article 81 (current 94) of the Law of Equal Opportunities for Persons with Disabilities, No. 7600 of 2 of May, 1996 ).

(Thus its numbering moved by article 2 of Law No. 7020 of 6 January 1986, which transferred it from old article 24 to 42)

If the conversion is not made within that time, the State may have them judicially auctioned, delivering to the respective entity the net proceeds from the sale.

This prohibition does not include the State, its institutions, Municipalities, and Cooperative Associations (Asociaciones Cooperativas), nor immovable property that is indispensable for the fulfillment of the purposes of the legal entities mentioned in this article.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 25 to the current one).

RIGHTS OF PERSONALITY AND NAME OF PERSONS

Rights of personality

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 26 to the current one).

Disposing of one's own body or part of it for after death is valid.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 27 to the current one).

However, if a person refuses to undergo a medical examination that is necessary to prove certain disputed facts in a trial, the Judge may consider as proven the facts that were attempted to be demonstrated by means of the examination.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 28 to the current one).

Images and photographs with stereotyped roles that reinforce discriminatory attitudes towards social sectors cannot be published, reproduced, exhibited, or sold in any way.

(Thus amended by article 79 of the Law of Equal Opportunities for Persons with Disabilities No. 7600 of 2 of May, 1996 ) (Thus its numbering moved by article 2 of Law No. 7020 of 6 of January, 1986, which transferred it from old article 29 to 47)

The same measure may be requested by the directly affected person, their representatives, or accredited interest groups, in the case of images or photographs that stereotype discriminatory attitudes.

(Thus amended by article 79 of the Law of Equal Opportunities for Persons with Disabilities No. 7600 of 2 of May, 1996 ) (Thus its numbering moved by article 2 of Law No. 7020 of 6 of January, 1986, which transferred it from old article 30 to 48)

Of the name of persons

(Note from Sinalevi: By resolution of the Constitutional Chamber (Sala Constitucional) No. 1728 of January 24, 2024, the phrase "in that order", contained at the end of the preceding paragraph, is unconstitutional for violating the fundamental rights protected in numerals 28, 33, and 52 of the Political Constitution, 18 of the American Convention on Human Rights, and 5 subsection a) and 16 of the "Convention on the elimination of all forms of discrimination against women", as well as for contravening the constitutional principle of reasonableness and proportionality.)

(Thus amended by Law No. 5476 of 21 of December, 1973, article 2. By Law No. 7020 of 6 of January, 1986, article 2, its number was moved from 31 to the current one).

In the event that the Auxiliary Registrar records three or more names, the Registry shall make the registration taking into account only the first two.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 32 to the current one).

In this case, the official may not impose foreign names or surnames nor those that may cause the origin of the abandoned child (expósito) to be suspected. Nor shall they use names or surnames that may cause ridicule or discredit to the infant, or expose them to public contempt.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 33 to the current one).

If the latter has only one, it shall be repeated for the child.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 34 to the current one).

The right to challenge the improper use of a name by another person is transmitted to the heirs of the claimant.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 35 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 36 to the current one).

(Note from Sinalevi: By resolution of the Constitutional Chamber (Sala Constitucional) No. 1728 of January 24, 2024, it was interpreted in accordance with the Constitution that the concept of name indicated in this article is understood as defined in article 49 itself, that is, as including the given name and the respective surnames, which makes it possible for the right to change a name to also encompass the order of the patronymics.)

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 37 to the current one).

It shall likewise inform the Ministry of Public Security (Ministerio de Seguridad Pública).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 38 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 39 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 40 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 41 to the current one).

SINGLE CHAPTER Of domicile

In the absence thereof, the place where they are found.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 42 to the current one).

When they have permanent agents or branches in places different from that in which the management or administration is located, the place of the branch or agency shall also be considered their domicile, with respect to the acts or contracts executed or entered into through the agent.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 43 to the current one).

Proof of the intention results from a declaration made, both before the competent official of the place that is abandoned, and before the official of the place where the domicile is transferred. In the absence of an express declaration, proof of the intention shall depend on the circumstances.

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 44 to the current one).

In the latter case, the choice is valid if it is made in a public document and, if made in a private document, from the moment it is acknowledged. The task of choosing a special domicile may not be left to a third party.

If the waiver of domicile is not accompanied by the election of a special one, it authorizes the other party to sue either in the domicile the waiving party had at the time of entering into the contract or in their own.

(Thus amended by article 2 of law No. 7640 of October 14, 1996) (Thus its numbering moved by article 2 of Law No. 7020 of January 6, 1986, which transferred it from old article 45 to 63)

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 46 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 47 to the current one).

(Thus amended by Law No. 5476 of 21 of December, 1973 , article 2. By Law No. 7020 of 6 of January, 1986 , article 2, its number was moved from 48 to the current one).

OF ABSENCE (AUSENCIA)

Provisional measures prior to the declaration of absence

(Thus amended the preceding paragraph by Article 219, subsection 3) of the Code of Contentious-Administrative Procedure, Law No. 8508 of April 28, 2006, in the sense that the references to the participation of the Procuraduría General de la República in non-contentious judicial activities are eliminated) The same shall be observed when, under equal circumstances, the power of attorney granted by the absentee expires or is insufficient for the case.

(Thus amended by Article 2 of the Law that enacted the Family Code, Law No. 5476 of December 21, 1973) (Thus its numbering was run by Article 2 of Law No. 7020 of January 6, 1986, which transferred it from former Article 49 to 67)

1st- To the spouse who is present, provided they are not separated de facto or de jure; 2nd- To the presumptive heirs; 3rd- To those who have the greatest interest in the preservation of the assets.

In the absence of the foregoing persons, the Judge shall designate a curator.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 50 to the current one).

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 51 to the current one).

(Thus amended by Law No. 5476 of December 21, 1973, Article 2.

(By Law No. 7020 of January 6, 1986, Article 2, its number was run from 52 to the current one).

Declaration of absence and its effects

These periods shall be reduced by half when the last news received of the absentee was that they were gravely ill or in danger of death.

After five years have elapsed from the disappearance of the absentee, or from the last news of them, the proxy must provide a bond or sufficient guarantee (garantía suficiente) of administration; if they fail to provide it, their powers of attorney shall lapse.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 53 to the current one).

They must provide a bond or sufficient guarantee (garantía suficiente) to secure the results of their administration.

To determine the status of heir, the time of the last news shall be considered, and in the absence thereof, the date of the disappearance of the absentee.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 54 to the current one).

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 55 to the current one).

They may not settle by transaction nor submit to arbitration the matters that interest the absentee and that are worth more than one thousand colones, without prior judicial authorization, granted by virtue of having justified the utility or convenience of the settlement or arbitration submission.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 56 to the current one).

After ten years from the entry into possession, they shall only be obliged to return the assets.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 57 to the current one).

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 58 to the current one).

If the absentee reappears or their existence is proven after the definitive possession, they shall recover the assets in the state they are found and the price of those that have been alienated.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 59 to the current one).

Presumption of death and its effects

Once this declaration is made, the definitive possession of the assets shall be given, without need for a bond (fianza), to their presumptive heirs at the time of the disappearance, or of the last news, and to the other interested parties mentioned in Article 54, the guarantee given for the provisional possession being canceled.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 60 to the current one).

The holder of the hereditary assets must return them with the fruits established in Article 57, unless the inheritance has prescribed by the passage of the ordinary term, which shall be counted from the declaration of presumption of death or from the death of the absentee if it occurred after the declaration.

(Thus amended by Law No. 5476 of December 21, 1973, Article 2. By Law No. 7020 of January 6, 1986, Article 2, its number was run from 61 to the current one).

(Repealed by the Family Code No. 5476 of December 21, 1973.

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973)

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

(Repealed by the Family Code, Law No. 5476 of December 21, 1973).

CIVIL STATUS REGISTRY (REGISTRO DE ESTADO CIVIL) (NOTE: Articles 232 through 252 were repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952, which encompassed Chapters I, II, III, and IV of this Title)

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

(Repealed by the Organic Law of the Electoral Registry No. 1535 of December 10, 1952).

BOOK II GOODS AND THE EXTENSION AND MODIFICATIONS OF PROPERTY

THE DISTINCTION OF GOODS

Of goods considered in themselves.

1st.- Lands, buildings, and other constructions made on the land.

2nd.- Plants, while they are attached to the land, and the pending fruits of those same plants.

1st.- Everything that is attached to the land, or joined to buildings and constructions, in a fixed and permanent manner.

2nd.- Easements (servidumbres) and other real rights over immovables.

(Thus amended by the sole article of Law No. 8994 of September 26, 2011)

Every real right presupposes ownership (dominio) or the limitation of one or some of the rights that it comprises. A real right may be constituted to guarantee a purely personal obligation.

Of goods in relation to persons

All other things are private and the object of particular property, even if they belong to the State or to the Municipalities, who in this case, as civil persons, do not differ from any other person.

OWNERSHIP (DOMINIO)

General provisions

1st.- Of possession.

2nd.- Of usufruct (usufructo).

3rd.- Of transformation and alienation (enajenación).

4th.- Of defense and exclusion; and 5th.- Of restitution and indemnification.

In accordance with the provisions of the condominium property regime, different owners may own the floors, premises, offices, parking spaces, or apartments into which one or more buildings are divided, when dealing with vertical constructions on several floors or levels, or the houses, premises, offices, and parking spaces, when the development is not vertical but horizontal, and, in the cases of private residential developments, both the lots into which the land is divided and the constructions erected upon them. In these cases, each owner shall be the exclusive owner of their floor, premises, office, parking space, house, or lot and shall be a co-owner of the assets allocated to common use; furthermore, the different forms may be combined. The assets subject to this regime shall be known as condominiums.

(Thus amended the preceding paragraph by Article 40 of the Regulatory Law of Condominium Property, Law No. 7933 of October 28, 1999)

A non-temporary limitation in favor of one person makes that person a co-owner of the thing.

The co-owner may not, however, dispose of a specific part of the thing, unless it has been previously awarded to them in the respective division.

1º- In cases of commercial companies or ordinary partnerships, in all of which the respective special law shall be observed.

2º- If the thing or right is, by its nature, absolutely indivisible.

3º- In cases of community of assets originating from the application of the Horizontal Property Law, which shall be governed by its provisions.

(Thus added the preceding paragraph by Article 2 of the Horizontal Property Law, Law No. 3670 of March 22, 1966) 3(*)º- When, in the case of real estate, its subdivision (fraccionamiento) contravenes urban planning regulations.

(Thus added the preceding paragraph by Article 72 of the Urban Planning Law, Law No. 4240 of November 15, 1968. *Note that this paragraph was erroneously introduced with the numeral 3) 4) When dealing with rights created under the Special Social Interest Housing Regime authorized by law, in which case the specific regulations in force shall apply. (Thus added the preceding paragraph by Article 7 of Law No. 8957 of June 17, 2011, "Creation of a bond for a second family dwelling that authorizes the family bond subsidy for first and second construction")

Of the right of possession

1º.- By consent of the owner. Permissive acts or those of simple tolerance do not grant the right of possession.

2º.- By the right to retain possession for more than one year. The year runs from when possession is publicly taken, or if taken clandestinely, from when this becomes known to the person dispossessed.

3º.- In all cases where the law, as security for the creditor, authorizes them to retain the thing of their debtor, or orders that all or some of that person's assets pass into the power of a depositary.

If there was sufficient reason to doubt that such right corresponded to them, they shall not be considered a possessor in good faith; but if the possession was in good faith at its beginning, it does not lose that character merely because the possessor later doubts the legitimacy of their right. Possession ceases to be in good faith at the moment one acquires certainty of possessing wrongfully, and it also ceases upon notification of a lawsuit in which another claims the right to possess.

Of the right of usufruct

Of the rights of transformation and alienation

It is permitted to establish limitations on the free disposition of assets only when they are transferred by gratuitous title. However, they shall not be valid for a period exceeding ten years, except when involving minor beneficiaries, in which case this term may be extended until the beneficiary reaches twenty-five years of age. Limitations established for a longer time than indicated in this article shall be null, as contrary to public interest and to the free disposition of assets as an attribute of ownership, and consequently, the Public Registry shall disregard them insofar as they exceed the indicated terms, considering the asset free of all restriction.

(Thus amended by Law No. 2112 of April 5, 1957, Article 1).

The cases in which expropriation for reasons of public utility is permitted, and the manner of carrying it out, shall be regulated by special law.

Of the rights of exclusion and defense

They also have the right, if any of the boundary markers (mojones) that delineate their property has been removed, to demand that the one who moved it replace it at their cost and compensate them for the damages that the removal caused them.

.

The height of the dividing wall shall be determined by the corresponding regulations.

In the absence of regulations and customs, the dividing wall that is built shall be at least three meters high.

Of the rights of restitution and indemnification

Possession may not be taken in a violent manner, even by one to whom it legally corresponds; as long as the current possessor opposes it, it must be claimed judicially.

If the restitution of the thing is not possible, the guilty party shall pay its value, and if the value cannot be fixed and liquidated, the statement of the injured party shall be followed, unless the estimation made by the latter is notoriously excessive, in which case it shall be reduced by the judge to equitable terms.

As long as the payment of what is owed to them is not made, they may retain the thing in their power.

If the fruits do not exist, they shall owe the value they had or would have had at the time of receipt.

The estimation of necessary improvements shall be made, if they leave a permanent material result, by the value they have at the time of restitution or by the effective cost, as determined by the claimant. If they do not leave a permanent material result, by the effective cost or by the benefit accruing to the claimant, as the latter chooses.

Useful improvements, regarding a possessor in good faith, shall be estimated by the value, at the time of restitution, of the works constituting the improvements, or by the increase in value that the thing has by virtue of them at said time, at the option of the claimant.

OF THE RIGHTS OF USUFRUCT, USE, AND HABITATION SEPARATE FROM PROPERTY

Of the constitution of usufruct and the rights of the usufructuary

Civil fruits belong to the usufructuary, day by day, for the duration of the usufruct.

Obligations of the usufructuary.

If the livestock or herd perishes in part, without fault of the usufructuary, the latter shall have the option to continue the usufruct, replacing the missing head of cattle, or to cease it, delivering those that have not perished and the salvaged remains.

If the owner does not wish to execute them, the usufructuary may do so at their own cost, with the right to collect from the owner the increase in value that, by reason of the repairs, the property has at the conclusion of the usufruct.

And being the usufructuary of only an aliquot share, they shall contribute proportionally to their right to the payment of such support or annuities. No obligation exists in this regard when the usufruct falls upon one or more specific things of the inheritance, unless there is an express clause to the contrary.

If the owner cancels said mortgage, the usufructuary shall pay them the interest on the amount disbursed, and if the usufructuary is the one who covers the mortgage debt, they shall have the right to demand from the owner, upon conclusion of the usufruct, the amount they paid, but without interest.

If the owner covers the amount of such contributions, the usufructuary shall pay them, while the usufruct lasts, the interest on the amounts they disbursed. If the amounts were paid by the usufructuary, they may collect them from the owner at the end of the usufruct, but without interest.

Of the extinction of usufruct.

1º.- Upon the death of the usufructuary.

2º.- By non-use of the thing under usufruct for the time necessary for prescription.

3º.- By total loss of the thing upon which the right falls.

If the building in which the usufruct is constituted is destroyed, the usufructuary may rebuild it to continue enjoying the usufruct; and upon its conclusion, the owner shall pay at their choice, either the value of the thing or the capital invested in its reconstruction.

The right of those who die accrues to the survivors.

Of use and habitation.

If he only receives a portion of the fruits, or occupies no more than a part of the building, he shall contribute to the expenses mentioned in the previous article, in proportion to the benefit received.

EASEMENTS (SERVIDUMBRES) (NOTE: Law No. 12 of May 26, 1938, in its Article 31, establishes that everything relating to easements (servidumbres) contained in this Title is reformed insofar as it opposes the provisions contained therein.)

General Provisions

If the servient tenement (fundo sirviente) is divided between two or more owners, the easement is not modified, and each of them must tolerate it in the part that corresponds to him. If the dominant tenement (predio dominante) is the one divided, each of the new owners shall enjoy the easement, but without increasing the encumbrance on the servient tenement.

Of the Constitution and Extinction of Easements (Servidumbres)

Possession, even immemorial, is not sufficient to establish them.

1st.- By the resolution of the right of the one who has constituted the easement.

2nd.- By the arrival of the date or the fulfillment of the condition, if it was constituted for a determined time or under a condition.

3rd.- By merger, that is, the perfect and irrevocable reunion of both properties in the hands of a single owner.

4th.- By release or renunciation by the owner of the dominant tenement (predio dominante).

5th.- By non-use for the time necessary to prescribe.

6th.- By the properties arriving at such a state that the easement (servidumbre) cannot be used; but it shall revive when the impossibility ceases to exist, provided that this happens before the prescriptive term expires.

OF THE ENCUMBRANCES OR LIMITATIONS ON PROPERTY IMPOSED BY LAW

General Provisions

Those referring to water matters are also governed by special laws, even if established in the interest or direct benefit of private parties.

Of Party Walls (Medianería)

1st.- When there is a building or windows on only one side of the wall; 2nd.- When it is known that the entire wall, fence, ditch, or canal is built on the land of one of the estates; 3rd.- When the fences that completely enclose a property are of a different type from those of the neighboring properties on the other non-contiguous sides; 4th.- When the earth or debris removed from the ditch or canal to open or clean it is found only on one side, unless the slope of the land had required it.

In all these cases, it is presumed that the ownership of the wall, fence, canal, or ditch belongs exclusively to the owner of the estate that has these external signs in his favor.

Of the Obligation of Passage

If the claimant does not accept it, the judge shall make the designation, seeking to reconcile the interests of both properties.

Of Other Various Encumbrances and Limitations

(Thus reformed by Law No. 1352 of June 14, 1951 in its Article 1).

OF THE MORTGAGE (HIPOTECA) AND THE PLEDGE (PRENDA)

Of the Mortgage (Hipoteca)

The express acceptance of the person in whose favor the mortgage (hipoteca) is constituted is not necessary.

The mortgaged real property may be materially divided or reunited, for one time only. But to carry out those same operations on the resulting estates, the debtor or owner of the real property requires the consent of the mortgage creditor, making in each case the respective substitution of the guarantee.

(Thus added the previous paragraph by Article 2 of Law No. 3363 of August 6, 1964) In the case of lot segregations, it shall be proceeded as in cases of material divisions. In both cases, no portion may be released unless the parties fix the liability of the remaining portions, in accordance with Article 413.

(Thus added the previous paragraph by Article 2 of Law No. 3363 of August 6, 1964)

The following are not susceptible of mortgage (hipoteca):

1st.- Goods that cannot be alienated.

2nd.- Pending fruits or rents separated from the property that produces them.

3rd.- Movable goods permanently placed in a building, unless together with it.

4th.- Easements (servidumbres), unless with the dominant tenement (predio dominante).

5th.- Rights of use and habitation.

6th.- The lease.

7th.- The right to possess a thing under any capacity other than that of owner.

1st- The fruits pending at the time the obligation, already due, is demanded.

2nd- The improvements and increases that accrue to the estate, as well as natural aggregations.

A reunion may not be granted when the estates are mortgaged independently in favor of different creditors. When only one of the real properties to be reunited is encumbered, the guarantee is understood to be extended, unless in the same act the contrary is stipulated.

(Thus reformed the inciso 2) above by Article 3 of Law No. 3363 of August 6, 1964) 3) The indemnifications that the proprietor may collect by reason of insurance, eminent domain, and damages.

(Thus added the previous inciso by Article 1 of Law No. 3450 of November 5, 1964) 4) In buildings and developments subject to the condominium property regime, the right over the common goods that corresponds to the proprietor of a filial estate.

(Thus added the previous inciso by Article 3 of the Horizontal Property Law, No. 3670 of March 22, 1966) (Thus reformed the previous inciso by Article 40 of the Regulatory Law of Condominium Property; Law No. 7933 of October 28, 1999)

Any payment made by the debtor will automatically create availability to be used in the manner agreed upon by the parties.

(Thus reformed by Article 1 of Law No. 7460 of November 29, 1994)

When there are several mortgaged estates, the apportionment of payments corresponds exclusively to him, unless there is a pact to the contrary.

9342 of February 3, 2016) (Note from Sinalevi: Through Article 74, inciso 74.1 of the Bankruptcy Law of Costa Rica, No. 9957 of April 14, 2021, it was indicated to reform the second paragraph of this number. However, this number was totally derogated by Article 183, section 4) of the Civil Procedure Code, No. 9342 of February 3, 2016, for which reason the reform is transcribed: "The articles 417, second paragraph are reformed:

If the estate is sold in a bankruptcy proceeding or by execution of the first-ranking mortgage creditor, the buyer shall receive it free of encumbrance.")

If creditors concur whose credits depend on a condition, the sum representing the value of their credits shall be deposited to make payment to them if the condition is fulfilled.

When the price of insurance or eminent domain comes to substitute the estate, the mortgage creditors shall be paid according to their order and in the manner explained.

In none of the specified cases shall there be grounds for payment of credits not yet due, if the debtor offers sufficient guarantees to replace the extinguished one.

9342 of February 3, 2016)

8624 of November 1, 2007)

-It is also extinguished by the resolution of the right of the constituent, in cases where, according to the law, the resolutory actions prejudice a third party, and by the judicial sale in cases where the buyer must receive the estate free of encumbrances.

(Thus reformed by Law No. 16 of December 12, 1887, Article 1).

The interested parties may immediately demand that said legal mortgages be replaced with a special mortgage.

Of the Mortgage Bonds (Cédulas Hipotecarias)

The provisions on a mortgage constituted to guarantee a personal obligation are applicable to this class of mortgages, with the modifications contained in the following articles.

Once constituted and registered, the bonds (cédulas) shall be issued.

(Thus reformed by Law No. 358 of August 12, 1941, Article 1).

However, it may be done in foreign currency to correspond to credits obtained abroad, from companies or banks domiciled outside the country. In one or the other case, they must be of a value that is a multiple of one hundred.

(Text thus modified by Resolution of the Constitutional Chamber No. 27-95 at 16:18 hours of January 3, 1995).

All bonds (cédulas) must be signed by the owner of the mortgaged real property, or by his legitimate representative, and by the general registrar, the assistant general registrar, the bond registrar, or any other registrar specially designated by the former for that effect, and shall express:

1st- The data necessary to identify the mortgaged estates, which may not be more than one.

2nd- The total amount that the mortgage to which the bond refers represents, and the amount represented by mortgages for prior bonds, if any.

3rd- The name and surnames of the person in whose favor it is issued, and the date and place of payment.

4th- If more than ten years have passed since the maturity of the term for payment, the bond shall have no effect after this date to the prejudice of third parties, provided the Registry does not show circumstances implying collection action or acknowledgment of the credit or another interruption of the prescription. The registrar, when inscribing new titles related to the respective estate, shall disregard said encumbrance.

Whenever a credit earns interest and these are not to be discounted or paid upon the principal, at the maturity of the obligation, as many coupons shall be added to each bond, serving as title to the bearer for the collection thereof, as quarters or semesters - at the choice of the holder - are contained in the term.

Each coupon shall express the respective quarter or semester, the amount of the interest for the same, the number of each bond, and the registration of the affected estate. The bond shall express the number of coupons and their respective maturity dates.

(Thus reformed by Law No. 6965 of August 22, 1984, Article 3).

It can be transferred by blank endorsement, and the acquirer can also, even without completing that endorsement or placing a new one, transfer it to any other person.

The endorsement of bonds (cédulas) does not entail liability for the endorser.

Endorsements shall also be reputed authentic until the contrary is proven.

(Thus reformed by Law No. 46 of July 12, 1895, Article 1).

Whoever has the right to request the auction may do so based on the bond or bonds (cédulas) in his power, independently of those held by other persons. When the buyer must receive the estate free of encumbrances, the executing creditor shall be paid his credit in full if the auction amount is sufficient to cover the entire issue of bonds and coupons issued; in the contrary case, he shall be paid his credit proportionally. In one or the other case, the remainder of the price shall remain on deposit to respond for the payment of the bonds and coupons not presented in the execution, and the cancellation of the encumbrance shall be proceeded with in the Registry.

(Thus reformed by Law No. 113 of July 6, 1940, Article 1).

(Thus reformed by Law No. 15 of May 26, 1892, Article 1).

If the execution was established for the collection of interest on bonds not yet due, the acquirer shall receive the estate with the encumbrance of all the bonds of the same issue and with that of the interest coupons not presented for payment. But if the auction proceeds are less than the amount of the mortgage debt, they shall be deposited to be distributed pro rata among all the co-creditors.

(Thus reformed by Law No. 15 of May 26, 1892, Article 1).

• a)By means of a public deed; b) By a final judgment rendered in an ordinary proceeding; and c) By a writ issued in a mortgage execution with regard to those of a rank inferior to the encumbrance that served as the basis for the proceeding.

In the first and last cases, together with the registrable cancellation document, the corresponding bond (cédula) must be presented so that the Registry, upon recording the cancellation, may incinerate it.

(Thus reformed by Law No. 358 of August 12, 1941, Article 1).

But if there are interest coupons, the consignation must also include the value of the issued coupons.

The bearer of an unprescribed coupon may demand its amount before the Judge, under whose order the deposit is held. Six months after the prescription, the sum not claimed in time shall be delivered to the depositor.

(Thus reformed by Law No. 15 of May 26, 1892, Article 1).

Of the Pledge (Prenda) (NOTE: This chapter was derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941.)

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

(Thus derogated by Transitory Provision 3 of Law No. 5 of October 5, 1941).

OF THE PUBLIC REGISTRY (REGISTRO PÚBLICO)

General Provisions

1st.- The Property Registry (Registro de Propiedad).

2nd.- The Mortgage Registry (Registro de Hipotecas).

3rd.- The Personal Registry (Registro de Personas).

It is the responsibility of the Directorate of each Registry to determine the form and means by which the information may be consulted, without risk of being adulterated, lost, or deteriorated.

(Thus reformed by Article 178, inciso b), of the Notarial Code No. 7764 of April 17, 1998)

He who presents the document is presumed to have power for this effect.

1st.- The hour and date of the presentation of the title to the Registry.

2nd.- The name and residence of the Court, Judge, Notary, or official who authorized the title.

3rd.- The nature of the title to be registered and its date.

If due to the omission of circumstances or due to obscurity or inaccuracy in expressing them, a third party is induced into error, the Registrar shall be liable for the damages and losses.

A person is considered a third party if he has not been a party to the act or contract to which the registration refers.

The annotator for a personal credit shall not have the quality of a third party with respect to real rights created in a public deed prior to the annotation of the decree of attachment or sequestration.

However, if the public deed is presented to the Registry more than three months after its granting and an annotation of attachment (embargo) or sequestration (secuestro) already exists, the latter shall prevail over the former, unless the person deriving their right from the deed manages to demonstrate in an ordinary trial against the person who obtained the annotation that their right is certain and not simulated, a trial which must be filed within the three months following the date of presentation of the deed and in respect of which the provisions of article 978 shall govern.

When deeds for rights in rem presented within the three months following their granting are registered, the annotations or registrations of attachment mentioned shall be disregarded without the need for any proceeding or petition, or for a resolution so declaring, and the Registrar shall note in the margin of the entries of said annotations or registrations the reason that they have been rendered null and void, with respect to the respective property or rights, by virtue of the provisions of this article.

(Thus amended by article 1 of Law Nº 2928 of 5 December 19 61).

However, acts or contracts executed or granted by a person who appears in the Registry with the right to do so, once registered, shall not be invalidated with respect to a third party, even if the right of the grantor is subsequently annulled or resolved by virtue of a non-registered title, or of implicit causes, or of causes which, although explicit, do not appear in the Registry.

(Thus amended by article 1 of law Nº 16 of 12 December 18 87).

The following are excepted:

1º.- Actions for rescission or resolution that owe their origin to causes which, having been expressly stipulated by the parties, appear in the Registry.

2º.- Rescissory actions for conveyances in fraud of creditors in the following cases:

1º.- When the second conveyance was made by gratuitous title; and 2º.- When the third party had knowledge of the debtor's fraud.

(Thus amended by article 1 of law Nº 16 of 12 December 18 87).

Of the Property Registry

1º.- Titles of ownership over real property.

2º.- Those in which rights of usufruct, use, habitation (habitación), easements (servidumbres), and any other rights in rem other than a mortgage are constituted, acknowledged, modified, or extinguished.

Titles recording the lease of real property may or may not be registered; but they shall only prejudice a third party if they have been registered.

Operations referring to buildings or apartments subject to the regime contemplated by the Ley de Propiedad Horizontal shall be registered in a special section, by means of a double registry of parent tracts (fincas matrices) and subsidiary tracts (fincas filiales) duly linked.

(Thus the preceding paragraph was added by article 4° of the Ley de Propiedad Horizontal, law Nº 3670 of 22 March 1966)

1º.- The nature, location, area (cabida), boundaries (linderos), and name and number, if they appear, of the real property that is the object of the registration or to which the right to be registered attaches.

2º.- The nature, value, extent, conditions, and charges of any kind of the right being registered.

3º.- The nature, extent, conditions, and charges of the right upon which the right being registered is constituted.

4º.- The first name, surnames, and personal details of the person in whose favor the registration is made, and those of the person who transmits or constitutes the right to be registered.

In the second and subsequent registrations relating to the same property, the circumstances of subsection 1º shall not be repeated; but reference shall be made to the modifications indicated by the new title and to the entry in which the registration is found.

Of the Mortgage Registry

1º.- The first names, surnames, and qualifications of the debtor and creditor.

2º.- The amount of the credit and its terms and conditions; if the credit bears interest, the rate thereof and the date from which it begins to run.

3º.- Citation of the number the mortgaged property holds in the Property Registry, and the volume and folio where its description is found; or the nature of the mortgaged right in rem, with the other circumstances that characterize it.

Of the Personal Registry

1º.- The final judgments (ejecutorias) and authentic documents by virtue of which the civil capacity of persons is modified.

2º.- The judgment declaring absence or the presumption of death, and who are the heirs placed in provisional or definitive possession of the property.

3º.- The declaration of the opening of insolvency proceedings (proceso concursal), as well as the appointment, modification, and cessation of the positions of intervenors (interventores), administrators, and liquidators in the insolvency proceedings.

(Thus amended the preceding subsection by article 74, subsection 74.1, of the Ley Concursal de Costa Rica, N° 9957 of 14 April 2021) 4º.- The certification recording the acceptance of the executor (albacea) appointed by the testator, by the Judge, or by the heirs.

5º.- The public instrument in which a civil partnership is constituted or granted representation; and that in which an attorney-in-fact of a public corporation is constituted.

(Thus amended this subsection by article Nº 2 of Law Nº 6020 of 3 January 1977 ).

6º.- Any general or most extensive power of attorney (poder generalísimo).

7º.- Marriage settlements (capitulaciones matrimoniales) when, by virtue thereof, community of real property is established between the spouses.

Of Provisional Annotations (Its name modified by Law N° 7764 of 17 April 1998)

1.- Lawsuits concerning the ownership of specific real property and any other lawsuits concerning the ownership of rights in rem or petitioning the constitution, declaration, modification, or extinction of any right in rem over real property.

2.- Lawsuits concerning the cancellation or rectification of registry entries.

3.- Lawsuits concerning the declaration of presumption of death, incapacity to administer, and any other by which the modification of the civil capacity of persons regarding the free disposition of their property is sought.

4.- The order of attachment (embargos) and sequestration (secuestro) of real property, without the need to execute the sequestration proceeding.

5.- Titles that cannot be definitively registered due to any defect that prevents it. This provisional annotation shall be valid for one year and shall be automatically canceled if the defect is not cured within this term.

(NOTE: In accordance with Transitional Provision IX of the Código de Notariado No. 7764, this provision came into effect on 22 February 1999 . Regarding annotations prior to that date, the expiration term shall be five years, counted from the entry into force of the Code, that is, until 22 November 2003) The validity of the annotations contemplated in subsections 1), 2), 3), and 4) of this article shall be determined according to the term of the extinctive prescription corresponding to the obligation or right in question. These provisional annotations do not prevent the registration of documents presented subsequently. Once said term has elapsed, they are canceled without the need for a declaration or entry. This type of annotation shall be considered as a pending encumbrance on the property.

Any acquirer of an annotated property implicitly accepts the outcome of the litigation, and the registrar shall so record in the respective entry when registering new titles.

The expiration period referred to in subsection 5) of this article is suspended when the registrar requests the administrative comparison established in article 125 of the Código Notarial, while the Archivo Notarial does not issue a ruling; when an appeal is filed against the registrar's qualification; when an appearance before a jurisdictional body is necessary to remedy the defect; and when the document submitted for qualification, due to its complexity, cannot complete this procedure within the period established by law. The criteria for determining the complexity of titles submitted to the Registry shall be established in the respective regulation.

In no case may the suspension of the expiration period exceed three months counted from the original expiration date, unless appeals have been filed against the registry qualification, in which case the expiration period shall restart from the date of notification of the final resolution of the corresponding appeal.

The provisional annotation shall be canceled by the registrar upon determining the expiration and registering new titles.

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

Of the Cancellation of Registrations

Registered mortgages, whether common or certificate-based (de cédulas), that appear to have matured for more than ten years without the Registry showing circumstances implying collection activity, acknowledgment of the credit, or another interruption of prescription, shall have no effect to the detriment of third parties after that period. The registrar, upon registering new titles relating to the property, shall disregard such encumbrances and cancel them.

These circumstances shall be recorded on the mortgage certificates (cédulas hipotecarias). The validity of annotations not contemplated in the preceding articles shall be determined according to the term of the extinctive prescription corresponding to the obligation or right in question.

In the case of the provisional annotations referred to in subsections 1), 2), 3), and 4) of article 468, within the indicated periods and in order to interrupt them, the interested party may request the annotation of interruption, if the respective litigation has not concluded.

Registered mortgages granted to guarantee guardianship administration, which appear at any time with more than forty years since their constitution, without the Registry showing a circumstance implying collection activity, acknowledgment of the credit, or another interruption of prescription, after that time, shall have no effect to the detriment of third parties and the registrar, upon registering new titles relating to the property, shall disregard such encumbrances and cancel them.

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

1º.- When the real property that is the object of the registration is extinguished, or the registered right in rem is extinguished.

2º.- When the title by virtue of which the registration was made is declared null.

If the provisional annotation refers to an attachment or a lawsuit, it shall be canceled by virtue of an order to lift the attachment (desembargo) or a final judgment dismissing the lawsuit or declaring it definitively abandoned.

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

1.- The title by virtue of which it was made is declared false or null.

2.- It was carried out by error or fraud.

In these cases, nullity only prejudices subsequent third parties when the lawsuit filed has been provisionally annotated for it to be declared in trial.

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

In no case shall the registration of possession prejudice anyone with a better right to the ownership of the real property, even if their title has not been registered.

(Thus amended by article 178, subsection b), of the Código Notarial No. 7764 of 17 April 1998 )

Of the Ways of Acquiring Ownership SOLE CHAPTER

(Thus amended by article 1 of law Nº 16 of 12 December 18 87).

When the person who is to receive the thing already holds it in their power under a different, non-transferring title of ownership, the mere consent of the parties constitutes delivery from the certain date of the document recording it.

The clause in which the transferor declares that henceforth they will hold possession of the thing in the name of the acquirer shall constitute delivery only in the event that the agreement is recorded in a public instrument.

However, the delivery of an assigned credit does not produce its legal effects with respect to the debtor until the assignment is notified to the latter; nor with respect to a third party, except from the certain date of the assignment, unless the credit is one of those that the law permits to be owed to the bearer of the title or transferred by mere endorsement.

The requirement of notification to the debtor shall not be required in the cases provided for in article 1104 of this Code.

(Thus this final paragraph was added by article 186, subsection a), of the Ley Reguladora del Mercado de Valores No. 7732 of 17 December 1997 )

OF OCCUPANCY

General Provisions

Wartime occupancy or seizure (aprehensión) in national war is also subject to special laws.

Of Hunting and Fishing

Bees cannot be occupied while the owner pursues the swarm, keeping it in sight.

On private property, one may neither hunt nor fish without the permission of the owner.

An animal is considered caught when it has been killed by the hunter in the hunting act, and also when it is caught in their nets.

In any case, the hunter is responsible for the damages caused, and when there is more than one hunter, all shall be jointly and severally liable.

CHAPTER III (Note from Sinalevi: Law N°.14 of 14 September 1923 amends this chapter, insofar as its provisions conflict with the contents thereof) Of Discovery or Finding

Treasure is never considered a fruit (fruto) of a property.

The same rights shall belong to one who finds a misplaced or lost item and proceeds to deliver it to its owner.

Anyone who omits to announce a finding in the official gazette shall be considered a possessor in bad faith of the found thing and shall incur a fine equivalent to the price of that thing, without prejudice to other liabilities that may arise for them depending on the case.

From the sale price, the amount of the expenses and the ten percent that, should the owner appear, would correspond to the finder (inventor) shall be immediately covered; the remainder shall be ordered deposited to be delivered at the appropriate time to the owner, if they appear to claim it, or to the finder if the year passes without such a claim being made.

Anyone who finds an animal of this kind must present it to the authority; and should the owner not appear, the proceeds thereof, after deducting the costs of sale, shall belong entirely to the respective municipality.

OF ACCESSION

Of the Right of Accession Regarding Real Property

Except for the exceptions established by law or agreement, the owner may build on the surface all constructions or plantations that suit them, and make underground all constructions they deem appropriate and extract from those excavations all the products that they may yield.

In cases of condominium ownership, the foregoing shall only apply with the limitations established in the respective law.

(Thus amended by article 40 of Law No. 7933 of 28 October 1999 ).

If they acted in bad faith, they shall also be obliged to compensate for damages and harm; but if the owner of the materials had knowledge of the use being made of them, they shall only be subject to the provision of the preceding paragraph.

The same rule applies to one who plants or sows on their own soil, using another's plants or seeds.

If the owner prefers to keep the plantation or construction, they must reimburse the value of the materials and the labor, without consideration for any increase or decrease in value the property may have received. However, if the good faith of the person who built, sowed, or planted is proven, the owner may not request the destruction of what was done, but shall have the option to reimburse the value of the materials and wages, or to pay a sum equal to the increase in value acquired by the property.

Right of Accession Regarding Movable Things

The following provisions shall serve as a standard for the resolution of cases not contemplated therein.

However, when the united thing is more valuable or of superior merit than the one to which it was united, the former is considered principal; in such a case, and having been used without the owner's knowledge, the latter may request that it be separated and returned to them, even if detaching it could result in damage to the other thing.

If, of two things united to form a single body, neither can be considered as accessory to the other, the one with the greater value is deemed principal, or, if the values are more or less equal, the one with the greater volume.

OF SUCCESSIONS

General Provisions

Nothing may be stipulated regarding the rights to the succession of a person while they are alive, even if they consent to it.

Succession may be partly testate and partly intestate, without any form of discrimination.

(As amended by Article 9 of the Law for women's access, use and control of land, to increase employment in low-carbon, conservation and forestry productive systems, No. 10724 of May 13, 2025)

Of Unworthiness to Inherit (indignidad)

1- Anyone who causes the death of or attempts against the life of the deceased, their parents, spouse, or children; causes them injuries or commits physical aggression, sexual aggression, or any serious offense against these persons, their honor, or their memory, provided the conduct is duly proven.

2- Anyone who falsely accuses or denounces the deceased for a crime they did not commit in a criminal proceeding, or testifies falsely against the deceased.

3- Anyone who is in any of the cases provided in Article 196 of Law No. 5476, Family Code (Código de Familia), of December 21, 1973.

4- Anyone who refuses to provide support to the deceased, being obligated to do so, in accordance with Articles 169 and 173 of the Family Code.

5- Anyone who abandons the deceased or fails to provide them with treatment in dignified conditions, or to provide them with aid and accompaniment, having the possibility to do so, when the deceased is unable to fend for themselves due to suffering from an illness, having a disability, or being a minor or an older adult.

6- Anyone who, in order to receive the inheritance or legacy, obstructs the deceased by fraud or force from making a will or revoking one made, removes or destroys said will, or forces the deceased to make a will.

7- Anyone who, through deceit, abuse of power, or coercion, or by taking advantage of a special state of vulnerability of the person, has induced the deceased to perform acts of disposition over their property, rights, or economic resources, in such a way that it entails prejudicial legal effects for themselves or their direct dependents.

(As amended by Article 1 of the Law to Update the Grounds for Unworthiness to Inherit, Amending the Civil Code and the Comprehensive Law for the Older Adult, No. 9777 of November 12, 2019)

The action to request the declaration prescribes in four years from possession of the inheritance or legacy.

If the heir or legatee dies without the action for unworthiness (indignidad) having been brought, it shall not be admitted against the heirs of the unworthy person.

Of the Acceptance and Renunciation of the Inheritance

When the name and place of residence of the heir appear in the case file, the summons period for them shall not run from the publication, but from the date on which they are personally notified. If personal notification to the heir is not required, and the heir is outside the Republic, the term for accepting the inheritance shall be considered extended by thirty additional business days, solely for the purpose that, if the heir had entered into possession of the inheritance, they do not retain the fruits received.

(As amended by Article 184, subpart 1) of the Civil Procedure Code (Código Procesal Civil), No. 9342 of February 3, 2016)

If accepted purely and simply, it is the heir's responsibility to prove that there are insufficient assets for the payment of debts and encumbrances; and if accepted under the benefit of inventory, it is the creditors' responsibility to prove that there are other assets besides those inventoried.

The creditors of the renouncing party, in the cases and during the time that the law empowers them to annul the acts their debtor performs to their detriment, may challenge the renunciation and enforce the rights that would correspond to their debtor had they not renounced.

Of the Executor (albacea)

For cases of temporary impediment of the proprietary executor and for incidents in which the executor has a personal interest that conflicts with those of the succession, an alternate executor (albacea suplente) shall be appointed.

When a testamentary executor is lacking, the court shall designate who will occupy the office from among those interested in the succession, and shall prefer, under equal circumstances, the spouse, the children, the mother, or the father. The office of executor is for an indefinite period. The same procedure shall be followed in case of removal or separation.

(As amended by Article 184, subpart 1) of the Civil Procedure Code (Código Procesal Civil), No. 9342 of February 3, 2016)

(As amended by Article 184, subpart 1) of the Civil Procedure Code (Código Procesal Civil), No. 9342 of February 3, 2016)

9342 of February 3, 2016)

1.- Those who cannot legally bind themselves.

2.- Anyone domiciled outside the Republic and anyone who has been convicted of a crime or has been removed for fraud in the administration of another's property.

(As amended by Article 79 of the Equal Opportunities for Persons with Disabilities Law No. 7600 of May 2, 1996)

If they allow thirty days to pass without doing so, they shall lose the legacy that may have been left to them and one-tenth of the fees for the executorship (albaceazgo).

In the event that the appointed executor (albacea) is outside the Republic, the thirty days referred to in the preceding paragraph shall not begin to run until the date of their return to the Republic.

• 1)Leasing properties of the succession for a period longer than that during which the succession remains undivided.
• 2)Waiving, settling, or submitting to arbitration rights that are questioned concerning real property of any value or chattels valued at more than ten thousand colones.
• 3)Extrajudicially disposing of succession assets whose value exceeds ten thousand colones.
• 4)Continuing or discontinuing the deceased's business.

(As amended by Article 2 of Law No. 7130 of August 16, 1989.)

9342 of February 3, 2016)

If the executor is testamentary, upon being removed without cause, regardless of the state of the succession proceeding, all fees shall be paid to them as if it were concluded.

(As amended by Article 184, subpart 1) of the Civil Procedure Code (Código Procesal Civil), No. 9342 of February 3, 2016)

The fees of the alternate executor (albacea suplente) and specific executor (albacea específico) shall be set by the parties or, in their absence, by the judge.

(As amended by Article 184, subpart 1) of the Civil Procedure Code (Código Procesal Civil), No. 9342 of February 3, 2016)

The executor shall also cover the support payments (pensiones alimenticias) that, in necessary cases and while the probate proceeding is not in insolvency proceedings, must be given to the heirs and the spouse of the deceased, subject to the judicial order that sets the amount of said payments.

(As amended by Article 74, subsection 74.1 of the Insolvency Law of Costa Rica (Ley Concursal de Costa Rica), No. 9957 of April 14, 2021)

Partition of the Inheritance and Payment of Creditors

This obligation ceases if there is an agreement to the contrary, or if the eviction occurs through the fault of the evicted party.

Once this term has expired, the bond and guarantee they may have presented ceases.

The provision in this article in no way modifies the rights of the mortgage creditor.

Of the Right of Accretion

OF INTESTATE SUCCESSION (SUCESIÓN LEGÍTIMA) SINGLE CHAPTER

(As the preceding paragraph was amended by Article 4 of Law No. 10166 of March 30, 2022, "Reforms various laws for the recognition of rights of foster mothers and fathers") 1) The children and the parents, including foster children and foster parents (los y las de crianza), and the spouse, the cohabitant in a common-law marriage (unión de hecho), with the following caveats:

(As the preceding paragraph was amended by Article 4 of Law No. 10166 of March 30, 2022, "Reforms various laws for the recognition of rights of foster mothers and fathers") a) The spouse legally separated from bed and board shall have no right to inherit if they gave cause for the separation.

Nor may the de facto separated spouse inherit with respect to the assets acquired by the deceased during the de facto separation.

• b)If the spouse has community property rights (gananciales), they shall only receive what is lacking from those rights to complete a share equal to what they would receive if they did not have them.
• c)In the succession of an extramarital child, the father shall only inherit when he has recognized them with their consent, or with that of the mother, and in the absence of that consent, if he has provided them with support for at least two consecutive years.
• d)The cohabitant in a common-law marriage shall only have a right when said union has been constituted between a man and a woman with legal capacity to marry, and a public, singular, and stable relationship has been maintained for at least three years, with respect to the assets acquired during said union.

(As the preceding subsection 1) was amended by Article 31 (current Article 34) of the Law for the Promotion of Women's Social Equality, Law No. 7142 of March 8, 1990) (Note by Sinalevi: In accordance with Article No. 242 of the Family Code, added by Law No. 7532 of August 8, 1995, it must be understood that: "...the cohabitant in a common-law marriage possesses the same rights that exist with respect to formal marriage.") 2) The grandparents and other legitimate ascendants. The mother and the maternal grandmother, even if natural, are considered legitimate, as is the natural grandmother on the side of a legitimate father; 3) The legitimate siblings and the natural siblings on the mother's side; 4) The children of the brothers and the children of the sister; (As this subsection was amended in accordance with the partial annulment ordered by resolution of the Constitutional Chamber (Sala Constitucional) No. 4575 of April 6, 2011) 5) The legitimate siblings of the legitimate parents of the deceased and the non-legitimate uterine siblings of the mother or of the legitimate father; and 6) The Education Boards (Juntas de Educación) corresponding to the places where the deceased has property, with respect to those included in their jurisdiction.

If the deceased was never domiciled in the country, the succession proceeding shall be processed in the place where the majority of their property is located.

The Boards shall not take possession of the inheritance without a prior resolution declaring their rights, in the terms ordered by the Code of Civil Procedure.

7- The Costa Rican Red Cross (Cruz Roja Costarricense).

(As the preceding subsection was added by Article 23 of the Law of the Costa Rican Red Cross, No. 10632 of January 28, 2025) (As amended by Article 1 of Law No. 1443 of May 21, 1952)

Representation is only admitted in favor of the descendants of the deceased and in favor of nephews and nieces.

(As amended by Article 1 of Law No. 1443 of May 21, 1952).

This same rule shall be observed in the event that, by representation, more remote descendants must concur.

OF TESTATE SUCCESSION

Of Wills in General

Nor can it depend on the discretion of another, be it regarding the institution or the designation of the object of the inheritance or legacy, or regarding the fulfillment or non-fulfillment of the dispositions.

The disposition by which a third party is called to receive the benefit of a disposition in the event the first party named does not want or cannot benefit from it, does not constitute a substitution and is valid.

Of the Form of Wills

1º.- Before a notary public (cartulario) and three witnesses; but if the testator writes the will personally, two witnesses and the notary public suffice.

2º.- Before four witnesses without a notary public, if the testator writes it; or before six witnesses, if the testator does not write it.

1º.- It must be dated, with indication of the place, day, hour, month, and year in which it is granted.

2º.- It must be read before the witnesses by the testator, or by the person the testator indicates, or by the notary public (cartulario). A testator who is deaf and knows how to read must read their own will; if they do not know how, they must designate the person who shall read it in their place.

3º.- It must be signed by the testator, the notary public, and the witnesses.

If the testator does not know how or is unable to sign, the will itself shall so state. At least two witnesses in the case of a will before a notary public, and three in the case of a will before witnesses only, must sign the open will; the will shall mention the witnesses who do not sign and the reason.

All the formalities of the will shall be carried out in a continuous act.

1º.- Military personnel and other individuals belonging to the army who are on campaign, or in a besieged place, or prisoners in the hands of the enemy, before two witnesses and a chief or officer.

2º.- Seafarers, before the captain or whoever has command of the vessel, and two witnesses.

3º.- Both, before only two witnesses if the testator personally writes the will.

The will referred to in this article must fulfill the formalities of the preceding article, and is only valid if the testator dies during the situation in which they granted it or within the thirty days immediately following.

They shall present it in a sealed envelope to the notary public, who shall execute a deed in which they shall record that the will was presented to them by the testator themselves, the testator's declarations regarding the number of pages it contains, whether it is written and signed by them, and if it contains any erasure, correction, interlineation, or marginal note.

On the envelope, the notary shall record a statement indicating that it contains the will of the person presenting it, the place, time, and date of execution of the deed, as well as the number, volume, and page of the protocol where it is recorded. The notary shall take the necessary measures to ensure the envelope is sealed in such a way as to guarantee its inviolability. Both the deed and the statement must be signed by the testator, the notary, and two instrumentary witnesses. Once the proceeding is concluded, the will shall be returned to the testator.

Those who cannot read or write may not make a closed will.

(As amended by Article 178, subsection b), of the Notarial Code (Código Notarial) No. 7764 of April 17, 1998)

(As amended by Article 1 of Law No. 16 of December 12, 1887).

Of the Capacity to Dispose of and Receive by Will

1º.- Those who are not of sound mind.

2º.- Minors under fifteen years of age.

• 1)From an unemancipated minor, their guardian, unless, having renounced the guardianship, they have rendered an account of their administration, or unless they are an ascendant or sibling of the minor; 2) From a minor, their teachers or instructors, and any person in whose care they are placed; 3) From a sick person, the physicians who attended them in the illness from which they died.

(Text thus modified by resolution of the Constitutional Chamber (Sala Constitucional) No. 6328-00 of 16:20 hours on July 19, 2000, and subsequently clarified by resolution of the Constitutional Chamber No. 330-2005 of 11:02 hrs. on January 21, 2005, which clarifies the first judgment, in the sense that what is annulled from Article 592, subsection 3) is the final phrase which stated "and the confessors who during the same confessed them.") 4) From the adulterous spouse, their co-participant, if the adultery has been judicially proven, unless they subsequently married.

(As the preceding subsection was amended by Article 2 of Law No. 3687 of June 3, 1966, which added the final phrase) 5) From the testator, the notary public (cartulario) who drafts the public will or authorizes the envelope of the closed will, and the person who writes the latter for them.

The incapacity of subsections 2) and 3) neither prevents remunerative legacies for services received by the testator, nor dispositions in favor of the spouse or relatives who could be intestate heirs (herederos legítimos) of the testator.

(As amended by Article 1 of Law No. 1443 of May 21, 1952)

(Text modified by resolution of the Constitutional Chamber (Sala Constitucional) No. 6328-00 of 16:20 hours on July 19, 2000)

Ascendants, descendants, spouse, or siblings of the incapable person are considered intermediaries.

(Text modified by resolution of the Constitutional Chamber (Sala Constitucional) No. 6328-00 of 16:20 hours on July 19, 2000).

If the testator fails to comply with the obligation to provide support, the heir shall only receive from the estate what remains after providing the dependent with, through prior expert appraisal, a sufficient amount to ensure their support.

If the children, parents, or spouse possess sufficient assets at the time of the testator's death, the testator shall not be obligated to leave them support.

(As amended by Article 79 of the Equal Opportunities for Persons with Disabilities Law No. 7600 of May 2, 1996)

Of heirs and legatees

The person designated as legatee of an aliquot share of the inheritance is an heir.

Nevertheless, the legacy shall produce its effects if the bequeathed thing, which at the time of making the will did not belong to the testator, becomes theirs by any title.

In the first case, the heir fulfills the obligation by assigning to the legatee all the titles and actions that would be available against the debtor; in the second case, by giving the same legatee a letter of payment if requested.

A legacy or inheritance whose existence depends on a suspensive condition is not acquired by the legatee or heir until the condition is fulfilled.

A creditor whose credit is evidenced only by a will shall be considered a legatee.

The administration shall be given to the designated heir, if they post security for the return of what has been received with fruits, in case the condition is not fulfilled; and if the designated heir does not post security, it shall also be given under bond to the person who would receive the inheritance due to the non-fulfillment of the condition.

The latter shall be done with inheritances left to unborn persons.

In the case of a pure and simple legacy of a specific thing, the legatee acquires the fruits from the death of the testator.

If a part of the thing perishes, what remains of it is owed.

Unless expressly provided by the testator, the choice of the alternative legacy belongs to the heir.

The heir chosen by the Judge or by their co-heirs shall post security to the satisfaction of the legatee. In the event this bond is not provided or none of the heirs wishes to undertake payment of the legacy, a capital equivalent to ten annual payments or pensions shall be set aside and delivered to the legatee in payment of their right.

Conditional Provisions

Impossible or unlawful conditions shall be treated as unwritten, and the designation they affect as pure and simple. However, if it is recognized that the condition was the impelling and determining cause of the liberality, the entire provision is void.

An exception is made in the case that the condition, having already been fulfilled, cannot be repeated.

If it had been fulfilled at the time the will was made and the testator was unaware of it, it shall be deemed fulfilled; if the testator knew of it, it shall only be deemed fulfilled when the condition is of such a nature that it cannot be fulfilled again.

Of the Revocation and Lapse of Testamentary Provisions.

This right cannot be waived.

1.- If the heir or legatee dies before the testator. However, representation of such heir or legatee shall be permissible, provided that the representative is a descendant or nephew/niece of the testator, unless the will states otherwise. The rules of representation in intestate succession are applicable to testamentary succession.

2.- If the suspensive condition on which the existence of the legacy or inheritance depended ceases to exist or the resolutory condition is fulfilled.

3.- If the heir or legatee is incapable and unworthy of acquiring the inheritance or legacy at the opening of the succession, or if the legacy or inheritance was conditional, at the time the condition is fulfilled.

4.- If the heir or legatee renounces their right.

A specific legacy lapses when the testator alienates the bequeathed thing in any manner, or transforms it so that it retains neither the form nor the denomination it previously had, and when the thing perishes before the testator's death or before the fulfillment of the suspensive condition on which the legacy depends.

(Thus amended by article 1 of Law No. 15 of 26 May 1892).

BOOK III OF OBLIGATIONS

VARIOUS CLASSES OF OBLIGATIONS

General Provisions

1.- Capacity on the part of the person who obligates themselves.

2.- A certain and possible object or thing that serves as the subject matter of the obligation.

3.- Just cause.

Physical impossibility must be absolute and permanent, and not temporary or relative, with respect to the person who obligates themselves.

Legal impossibility exists:

1.- With respect to things that are outside of commerce by provision of law.

2.- With respect to unlawful acts as contrary to law, morality, or good customs.

Of Civil and Natural Obligations

Of Joint and Several Obligations

When by agreement or by will the same rights as the creditor are granted to another or other persons, said person or persons shall be considered as general agents of the creditor; and if from the terms of the agreement or will the true creditor cannot be known, those appearing in that capacity shall be reputed as simply joint creditors, each of them having, with respect to the share of the other creditors, the powers of a general agent.

Co-debtors not sued nor impleaded have the power to intervene in the proceedings.

1.- When the creditor, upon receiving from one of the debtors a sum equal to the portion corresponding to that debtor in the debt, gives them a receipt for their share.

2.- When the lawsuit filed by the creditor against one of their debtors, for the portion corresponding to that debtor in the debt, has been answered by agreement or declared procedurally valid by judgment.

3.- If, on five consecutive occasions, the creditor has received separately from one of the debtors their share in the interest on the debt.

The acts that in these three cases produce the release from joint and several liability cease to do so if the creditor has made a reservation of joint and several liability or of their rights in general; and when the release takes effect, it shall only benefit the co-debtor in whose favor it is made.

Of Alternative and Facultative Obligations

Of Indivisible Obligations

1.- When its object absolutely does not admit division, whether materially or intellectually.

2.- When the object, although divisible in itself, ceases to be so by reason of the relationship under which it has been considered for the purpose of the performance.

In all other cases, the obligation is divisible.

The same applies to the heirs of the debtor.

But if the portion of the debt corresponding to the heir who made the remission or to whom payment was made would not be of any benefit to the claiming co-heir, such deduction shall not take place.

Likewise, if only one of the co-debtors has been placed in default, that co-debtor may be sued for the whole, provided the creditor acknowledges the shares that their co-debtors released by prescription would have borne had they remained obligated.

However, the divisible penalty cannot be claimed in its entirety except from the co-debtor who has contravened. The others are only obligated for their respective share.

Of Divisible Obligations

1.- When from the beginning there are several creditors or debtors.

2.- With respect to the debtor's heirs, if the inheritance has already been distributed and the creditor has allowed one year to pass, counted from the date on which the succession proceeding was initiated, without claiming payment or security for their credit.

3.- If by sale, assignment, or inheritance of the creditor, two or more persons become owners of the credit; but in the case of inheritance, the division of the obligation shall only take place after the inheritance has been distributed.

1.- When the debt is secured by a mortgage or has as its object a thing specific in its individuality.

2.- If by virtue of the constitutive title or a subsequent one, one of the heirs is charged with the fulfillment of the obligation.

3.- When by the nature of the agreement, or by the thing that is the object of the obligation, or by the end intended when making the contract, it results that the intention of the contracting parties was that the obligation could not be partially satisfied.

In the first two cases, the heir who possesses the thing owed or mortgaged, or who is personally obligated to fulfill the obligation, may be sued for the totality of the debt; and in the third case, any of the heirs may be sued for the whole.

But the one who pays the debt preserves their recourse against the other heirs.

Of Conditional Obligations

In this case, the party who has fulfilled may demand performance of the agreement or request that it be resolved with damages.

(Thus amended by article 1 of Law No. 16 of 12 December 1887).

EFFECT OF OBLIGATIONS

General Provisions

Damages

Penalty Clause

However, when one promises on behalf of another person, imposing a penalty for the event that the latter does not fulfill what was promised, the penalty shall be valid, even if the principal obligation has no effect due to the lack of consent of said person. The same shall occur when one stipulates in favor of a third party, and the person with whom the stipulation is made subjects himself to a penalty, for the event of not fulfilling what was promised.

Of the exercise of the debtor's rights and actions

However, the creditor may act directly without judicial authorization, and even if his debt is conditional or not due and payable, when it only concerns acts aimed at the preservation of the debtor's patrimony, preventing irreparable harm, such as that of a statute of limitations (prescripción), or that which would result from allowing a judgment to become final (ejecutoriar).

OF EVIDENCE

General Provisions (NOTE: This Chapter was repealed by Article 8 of the Code of Civil Procedure (Código Procesal Civil), Ley Nº 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

Of Res Judicata (Cosa Juzgada) (NOTE: This chapter was repealed by Article 8 of the Code of Civil Procedure, Ley Nº 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

Of Confession and Oath (NOTE: This Chapter was repealed by Article 8 of Ley Nº 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

Of Public Documents (NOTE: This Chapter was repealed by Article 8 of Ley Nº 7130)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

Of Private Documents (Note: This Chapter was repealed by Article 8 of Nº 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of Law No. 7130 of August 16, 1989)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

Of Testimonial Evidence

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

Of Presumptions

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

(Repealed by Article 8 of the Code of Civil Procedure, Law Nº 7130 of August 16, 1989.)

OF PAYMENT AND SET-OFF (COMPENSACIÓN)

Of Payment in General

If, for an obligation to do, the personal conditions of the debtor have been taken into account, the work may not be performed by another person against the will of the creditor.

(Text modified by Resolution of the Constitutional Chamber (Sala Constitucional) Nº 3495-92 at 14:30 on November 19, 1992, supplemented and clarified by Resolution Nº 989 of February 23, 1993).

1- When the commencement of the liquidation phase of his patrimony has been declared in an insolvency proceeding.

(Thus amended the preceding subsection by Article 74 subsection 74.1 of the Insolvency Law of Costa Rica (Ley Concursal de Costa Rica), N° 9957 of April 14, 2021) 2nd.- When the securities he had given to the creditor in the contract have diminished, or he has not given those he is obliged to give by agreement or by law.

3rd.- When, the debt being divided into several installments, he fails to pay any of them after being required to do so.

4th.- When he intends to leave the Republic without leaving therein known and sufficient assets to answer for all his debts.

5th.- When the debtor does not duly attend to the conservation of the mortgaged property given as security for the debt.

If the debt that becomes due before the term, because one of the stipulated cases is verified, does not accrue interest, a discount of such interest shall be made at the legal rate.

1st.- Payment must be imputed first to the accrued interest, and then to the matured debt, in preference to the one that is not.

2nd.- When the debts are all matured or all unmatured, the imputation shall be made to the debt that the debtor has the greatest interest in satisfying.

3rd.- If all the debts are matured and the debtor has no interest in satisfying one in preference to another, the imputation shall be made to the oldest, according to the date on which it was contracted.

4th.- If all are in equal circumstances, the imputation shall be made to all proportionally.

Of Payment with Subrogation

The existence of these two conditions must be proven by means of a public deed, without it being necessary, moreover, that the loan and the payment be simultaneous.

1st.- In favor of the creditor who pays with his own funds another creditor who has a better right than he by reason of his privilege or mortgage.

2nd.- In favor of the purchaser of an immovable property, who uses the price of his acquisition to pay creditors to whom the property was encumbered.

3rd.- In favor of one who pays a debt for which he was obligated jointly with or by others.

4th.- In favor of the heir who has paid debts of the inheritance with his own funds.

5- In favor of one who pays a creditor in full, after the debtor's insolvency (concurso) has been declared.

(Thus amended the preceding subsection by Article 74 subsection 74.1 of the Insolvency Law of Costa Rica, N° 9957 of April 14, 2021)

But the owner of the thing given in pledge or mortgage shall owe half of what was paid, if the value of the thing was equal to the amount of the debt or greater than it, because if it were less, he shall only be obliged to contribute half of the value the thing had at the time of payment; and this shall be the basis for establishing the proportion when the bond or the pledge or mortgage did not guarantee the total of the debt.

Of Payment by Deposit (Pago por Consignación)

1st.- If the creditor refuses to receive it without right.

2nd.- If the creditor is not present or does not send someone to receive it at the time of payment, or at the place where it must be made.

3rd.- If the creditor, incapable of receiving it, lacks a guardian (tutor) or curator (curador).

4th.- If the creditor is uncertain or unknown.

1st.- That it be made by a person capable or fit to pay.

2nd.- That it encompasses the entirety of the liquid and due and payable debt, with its interest, if any.

3rd.- That the condition is fulfilled, if the debt is conditional, or the term has expired, if it was stipulated in favor of the creditor.

4th.- That it be made before a competent Judge.

Of Undue Payment (Pago Indebido)

However, when a person, as a result of his own error, has paid another's debt, he shall not have a right of recovery against the one who, by reason of the payment and in good faith, has suppressed or destroyed a document necessary for the collection of his credit; but he may bring against the debtor the creditor's actions.

In the event of loss or disposal of the thing, he must return the real value thereof; and in the event of deterioration, indemnify them, even if the loss or deterioration resulted from an act of God (caso fortuito), unless it is proven that the same would have occurred had the thing been in the possession of the owner.

However, if the object of the contract constitutes a crime or an act contrary to good customs, common to both contracting parties, neither of them shall have an action to demand fulfillment of what was agreed, nor the return of what was given.

If only one of the contracting parties was guilty, the innocent party may reclaim what he may have provided, without being obliged in turn to fulfill what he may have promised.

Of Set-off (Compensación)

If they must be paid in different places, the expenses of transport or exchange shall be indemnified to the party to whom they are owed, according to the circumstances.

1st.- When one of the parties had previously waived the right of set-off.

2nd.- When the debt consisted of a thing of which the owner has been unjustly dispossessed.

3rd.- When the debt pertained to a deposited thing.

4th.- When the debt is for alimony (pensión alimenticia) or other unseizable assets.

5th.- When it prejudices rights acquired by third parties, or produces the effect of preventing one of the sums from being applied to the object to which it was specially destined by the nature of the agreement or by the formally expressed will of the party making the delivery to the other.

However, if at the time of making the payment or accepting the assignment, he was unaware of the existence of the credit that had operated the set-off, he shall retain, even with respect to third parties, the action arising from his credit, along with all accessory obligations that accompanied it.

OF OTHER MODES OF EXTINGUISHING OBLIGATIONS

Of Novation (Novación)

1st.- When, by change of object, or by change of cause, a new debt is contracted in substitution for the old one, which is extinguished.

2nd.- When the creditor releases the debtor from his obligation, admitting a new debtor to replace the former.

The delegation (delegación), although it directly obliges the delegate towards the creditor who accepts him, does not produce novation by itself, except when it is accompanied or followed by a total release expressly made by the creditor for the benefit of the delegator.

The privileges, pledges, or mortgages of the first debt do not pass to the second, unless the debtor and the owner of the thing given in pledge or mortgage, as the case may be, expressly consent to it.

Of Release (Remisión)

However, if the creditor proves that he delivered the credit instrument in pure trust and without the intention of releasing the debt, or that it was not delivered by himself or by another duly authorized person, it is not understood that there has been a release.

(Thus amended by Article 74 subsection 74.1 of the Insolvency Law of Costa Rica, N° 9957 of April 14, 2021)

Of Merger (Confusión)

The merger of the qualities of creditor and guarantor, or of guarantor and principal debtor, extinguishes the merged bond, but not the principal obligation nor the other guarantees.

That which occurs by the union of the qualities of creditor and joint and several co-debtor does not benefit the other joint and several co-debtors, except for the portion for which the former was debtor.

But if the merger is revoked by mere agreement of the parties, although the revocation is effective between them, they may not revive the accessories of the credit to the detriment of a third party.

Impossibility of Performance

1st.- That the loss occurred by act of God, without the act or fault of the debtor, or of the persons for whom he is responsible, having intervened.

2nd.- That the debtor is not in default (mora).

3rd.- That he is not liable for acts of God.

4th.- That he is not the debtor of the thing as a result of a theft.

Of Nullity and Rescission

1º.- When any of the essential conditions for their formation or existence is lacking.

2º.- When any requirement or formality that the law requires to be involved in them is lacking (sic).

3º.- When they are executed or entered into by absolutely incapable persons.

1º.- When any of the essential conditions for their formation or existence is imperfect or irregular.

2º.- When any of the requirements or formalities that the law requires, having in view the exclusive and particular interest of the parties, is lacking; and 3º.- When they are executed or entered into by relatively incapable persons.

Express ratification must be made with the solemnities to which the act or contract being ratified is subject by law. Tacit ratification results from the performance of the obligation contracted.

In the case of violence, from the time it has ceased.

In acts and contracts executed or entered into by a minor, from the time the father, mother, or guardian had knowledge of the act or contract, and in the absence of such knowledge, from the time the minor was emancipated or came of age.

In other cases, from the date of the execution or conclusion of the act or contract.

All of which is understood and shall be observed when the law has not specifically provided another period.

Property.

When two or more persons have contracted with a third party, the nullity declared in favor of one of them does not benefit the others.

Rescissory actions cannot be enforced against third-party possessors in good faith except in cases expressly provided by law.

(Thus amended by Law No. 4327 of February 17, 1969)

• a)That the debtor knows the injury that their act causes to the creditor's rights, or, if said act was prior to the creation of the credit, that it was prearranged fraudulently to frustrate its satisfaction; b) That furthermore, in the case of an act or title for consideration (título oneroso), the third party knows of the injury, and if the act was prior to the creation of the credit, that they participated in the fraudulent prearrangement.

For the purposes of this provision, the granting of guarantees, even for the debts of others, is considered an act for consideration, provided it is contextual to the guaranteed credit.

The performance of a matured debt is not subject to revocation.

The ineffectiveness of the act does not prejudice the rights acquired for consideration by third parties in good faith. The effects of the registration of the revocation claim in the Public Registry are preserved.

(Thus amended by article No. 2 of Law No. 4327 of February 17, 1969).

The third party who has rights against the debtor derived from the exercise of the revocatory action (acción revocatoria) may not seek payment from the assets subject to the act declared ineffective until after the creditor has been fully paid.

The revocatory action prescribes in five years from the date of the act.

(Thus amended by article No. 2 of Law No. 4327 of February 17, 1969)

OF PRESCRIPTION

Of Prescription in General

Of Positive Prescription

For positive prescription, the following conditions are required:

A title transferring ownership.

Good faith.

Possession.

The right to possess is prescribed by possession of one year.

(Thus amended by article 1° of Law No. 16 of December 12, 1887).

Of Negative Prescription

The period for claiming damages against persons who are minors shall begin to run from the time the affected person has reached the age of majority.

The period established in this article admits the exceptions established in the following articles and others expressly established by law, when certain cases require more or less time for prescription.

(Thus amended by article 2° of Law No. 9057 of July 23, 2012, "Amendment of various laws on the Prescription of Damages caused to Minors")

1º.- Actions to demand interest, rents, lease payments, pensions, and annuities, provided payment has been stipulated by semesters or by another period greater than a semester.

2º.- Actions for salaries, fees, or emoluments for professional services.

3º.- The action of contractors to collect the value of works executed on a piecework basis.

4º.- Actions to collect payment for use or any other right over movable property.

1º.- The actions referred to in subparagraph one of the preceding article, when payment has been stipulated for periods of time less than a semester.

2º.- (Repealed by the Labor Code, Law No. 2 of August 27, 1943, subparagraph 18 of article I of the Final Provisions.)

3º.- The action of shopkeepers, apothecaries, merchants, and any other dealers for the price of sales made directly to consumers.

4º.- The action of artisans for the price of the works they have executed.

Of the Interruption of Prescription

1º.- By the tacit or express acknowledgment that the possessor or debtor makes in favor of the owner or creditor of the property or right that one seeks to prescribe; and 2º.- By judicial summons, attachment, or seizure notified to the possessor or debtor.

1º.- If the complaint was inadmissible due to lack of legal solemnities.

2º.- If the plaintiff withdrew the complaint.

3º.- If the proceeding is declared abandoned.

4º.- If the defendant was acquitted by final judgment.

Of the Suspension of Prescription

(Thus amended the preceding paragraph by article 2° point V) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) 1º.- Against minors and incapacitated persons during the time they are without a guardian or curator representing them in accordance with the law.

2º.- Between parents and children while the attributes of parental responsibility are maintained.

(Thus amended the preceding subparagraph by article 2° point V) of the law that approved the Family Procedural Code, No. 9747 of October 23, 2019) 3º.- Between minors and incapacitated persons and their guardians or curators, while the guardianship or curatorship lasts.

4º.- Against military personnel in active service in time of war, both within and outside of the Republic.

5º.- Against an unclaimed estate, while there is no executor who has accepted the appointment.

6º.- Against day laborers and domestic servants, regarding their wages or salaries, while they continue working or serving the person who owes them.

7º.- In favor of the debtor who by unlawful acts has prevented the exercise of an action by a creditor.

8- When it concerns civil liability derived from the cover-up of sexual crimes committed against minors and persons with disabilities, being those who have long-term physical deficiencies, mental, intellectual, or sensory limitations.

(Thus added the preceding subparagraph by article 4° of the Law against silence in sexual crimes against children and persons with disabilities, joint civil liability, duty to report, and guarantee of compliance with investigation protocols, No. 10813 of November 16, 2025)

General Provisions

If the term is in days, the day on which it begins is always counted as whole, even if it is not; but the day on which it ends must be complete.

Of the Insolvency of the Debtor and the Concurso of Creditors

General Provisions

Effects of the Declaration of Insolvency and the Opening of the Concurso

Of the Curators

(Repealed by article 73 subsection 73.1 of the Insolvency Law of Costa Rica, No. 9957 of April 14, 2021)

Of the Creditors and Their Meetings

Of the Distributions and Payment of Creditors

Of the Termination of the Concurso