- 1)In Articles 54, 185, 231, and 240 of Law No. 5476, of December 21, 1973, Family Code (Código de Familia), the references to the "Office of the Attorney General of the Republic" are eliminated.
- 2)Article 67 of the Family Code, Law No. 5476, of December 21, 1973, is repealed.
- 3)Article 67 of the Civil Code is amended to eliminate the reference to the "Office of the Attorney General of the Republic." 4) In Articles 7 and 955 of the Commerce Code, Law No. 3284, of April 30, 1964, the references to the "Office of the Attorney General of the Republic" are eliminated.
- 5)The Civil Procedural Code, Law No. 7130, of August 16, 1989, is amended as follows:
- a)Articles 119, 867, and 903 of the Civil Procedural Code are repealed.
- b)The following provisions are amended: the first paragraph of Article 251, Article 255, the first paragraph of Article 262, Articles 264, 835, 856, 859, 863, and 898 of the Civil Procedural Code. The texts shall read:
"Article 251.- Summons to the opposing party The opposing party shall be summoned to witness the taking of evidence, unless said party is unknown or does not reside in the country and has no representative, in which case the curator ad hoc (curador ad hoc) who must be appointed shall be summoned.
[...]" "Article 255.- Scope of action This benefit may only be requested for specific proceedings, before their initiation or during them. The request shall be processed as an incident.
The evidence shall be weighed in conscience, without subjection to the rules of ordinary law, and the petitioner's lifestyle may even be taken into account.
The granting of the benefit shall be valid for the proceeding and its motions; however, if the litigant has other proceedings pending, they may assert it in those through certification of the respective resolution.
If the granting of the benefit is denied, it shall also cease in the proceeding in which it had been obtained." "Article 262.- Lawsuit against an absentee If it is sought to file a lawsuit against a person who has absented themselves from their domicile, whose whereabouts are unknown, and the case does not warrant a declaration of absence, once the relevant evidence is submitted, a curator shall be appointed for the absentee, if no representative has been left. In the appointment, preference shall be given to the persons referred to in Article 50 of the Civil Code and, if these do not exist, the choice shall be made by the judge, as far as possible, and shall fall on a person who has no ties with the party requesting the appointment of the representative, and whose capacity and integrity guarantee an effective defense of the absentee.
[...]" "Article 264.- Opposition If opposition is raised regarding the conferral of the position, it shall be substantiated through the incident procedure." "Article 835.- Interested parties Anyone with an interest may oppose the celebration of a marriage, before the official who published the edicts, when there exists any legal impediment." "Article 856.- Persons obligated to accept guardianship The petitioner must state the persons obligated to accept guardianship (tutela). If it is stated that no such person exists, that fact must be summarily proven, which may be done at the same time as the information referred to in subsection 8) of the preceding article.
If it turns out that there is a relative obligated to accept guardianship, they must be called so that, within three days, they appear to accept or state their grounds for excuse, if any. The provision of subsection 4) of the preceding article shall apply, where appropriate." "Article 859.- Guarantee Once the guardian presents the inventory and valuation of all the minor's assets, the judge shall order them to guarantee the outcome of their administration, in accordance with what is stated in Chapter III, Title V, of the Family Code.
The sufficiency of the mortgage offered by the guardian to secure their administration shall be estimated through expert opinion." "Article 863.- Delay in providing guarantee If the guardian delays in securing their administration, the judge, ex officio or at the request of interested parties, shall set a reasonable period for them to do so." "Article 898.- Procedure The information shall be processed according to the following procedure:
- a)Once the petitioner submits the document, a time and date shall be set for the witnesses to testify.
- b)The judge shall have the duty to expand the examination with questions deemed pertinent to ensure the truthfulness of their statements.
- c)Once the witness statements are received, the information shall be deemed concluded, and a certified copy shall be provided to the interested party." c) In Articles 258 and 820, second paragraph, 854, 878, 882, 895, and 917 of the Civil Procedural Code, the references to the "Office of the Attorney General of the Republic" are eliminated.
- d)In Article 907, the phrase "with notice to the Office of the Attorney General of the Republic and" is eliminated.
- 6)The last paragraph of Article 11 of Law No. 7600, Equal Opportunities for Persons with Disabilities, of May 2, 1996, is repealed.
- 7)The second paragraph of Article 65 of the Comprehensive Law for the Older Adult, No. 7935, of October 25, 1999, is amended, whose text shall read:
"Article 65.- [...]
Ex officio, the corresponding judicial office shall order the National Registry to record the judgment on the victim's assets, if any.
[...]" 8) Article 2 of the Organic Law of the College of Pharmacists, No. 15, of October 29, 1941, is amended. The text shall read:
"Article 2.- The College of Pharmacists is formed by graduates in Costa Rica and those incorporated into it, in accordance with the treaties and provisions in force and with this Law.
To be a member of the College, the following requirements must be met:
- a)First satisfy the incorporation fee set by the College in an extraordinary general assembly.
- b)Provide reliable proof of having observed good conduct.
[...]
The requirements indicated in items b) and c) shall be verified through ad perpetuam information (información ad perpetuam) by the College's prosecutor (fiscal).
[...]" 9) Article 7 of the Organic Law of the College of Physicians and Surgeons of Costa Rica is amended. The text shall read:
"Article 7.- [...]
- c)Provide reliable proof of having observed good conduct.
[...]
The requirements indicated in items c) and d) shall be verified through ad perpetuam information with the intervention of the College's prosecutor.
[...]"
FINAL PROVISIONS SOLE CHAPTER