By San José, Costa Rica — San José, Costa Rica – A sweeping reform of Costa Rica’s civil justice system is underway with the implementation of the new Civil Procedure Code (Ley N.° 9342). This comprehensive legislation, published in La Gaceta, marks a significant shift towards a more modern, efficient, and accessible judicial process. The new code, effective 30 months after its February 3, 2016 publication date, aims to expedite civil and commercial proceedings by prioritizing oral proceedings, direct judicial involvement, and concentrated hearings.
The reformed Code emphasizes core principles such as equality, good faith, and transparency, reflecting Costa Rica’s commitment to a fairer and more open judicial system. It empowers judges to actively manage cases, penalize procedural abuses, and ensure effective legal protection, aligning with the nation’s constitutional values of justice and equity.
To gain a deeper understanding of the Costa Rican Civil Procedure Code and its practical implications, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, a seasoned attorney at Bufete de Costa Rica.
The Costa Rican Civil Procedure Code, while complex, aims to provide a structured and transparent framework for resolving civil disputes. Recent reforms have focused on streamlining processes and promoting alternative dispute resolution mechanisms, like mediation and arbitration, to expedite resolutions and reduce the burden on the court system. These changes reflect a growing emphasis on efficiency and accessibility within the Costa Rican legal landscape.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas’s insights highlight a crucial aspect of Costa Rica’s evolving legal system: the drive towards more efficient and accessible dispute resolution. This shift towards embracing alternative mechanisms like mediation and arbitration not only promises quicker resolutions for individuals but also contributes to a more robust and sustainable legal framework for the nation. We thank Lic. Larry Hans Arroyo Vargas for sharing his valuable perspective on these important developments in the Costa Rican Civil Procedure Code.
The legislation provides detailed regulations for filing lawsuits, presenting evidence, adhering to deadlines, and utilizing both ordinary and extraordinary appeals. It also incorporates alternative dispute resolution mechanisms, offering parties avenues to resolve conflicts outside of traditional court proceedings. Specific provisions address precautionary measures, monitorios, inheritance, and enforcement processes, including international jurisdiction.
This new code replaces the previous Civil Procedure Code (Ley N.° 7130), with certain articles from the old code remaining in effect until specific replacements are published. It also repeals existing legislation such as the Judicial Collection Law (Ley N.° 8624) and the Lease Monitorio Law (Ley N.° 9160) among others, consolidating and modernizing various aspects of civil procedure.
Furthermore, the reform extends beyond procedural matters, impacting related laws such as the Civil Code, the Consumer Protection Law, and the General Law of Urban and Suburban Leases. These amendments aim to harmonize related legislation with the new procedural framework.
The implementation of the new Civil Procedure Code is expected to significantly improve the efficiency and transparency of the Costa Rican court system. By simplifying procedures, promoting alternative dispute resolution, and empowering judges, the reform seeks to enhance access to justice for all citizens.
The code also addresses practical matters such as attorney fees, court costs, and the use of technology in legal proceedings. It allows for the use of electronic filing and digital signatures, reflecting the increasing importance of technology in modern legal practice.
The new legal framework also provides clear guidelines for international judicial cooperation and the recognition of foreign judgments and arbitral awards, further modernizing Costa Rica’s legal landscape.
For further information, visit the nearest office of Bufete de Costa Rica
About Bufete de Costa Rica:
Bufete de Costa Rica is a law firm committed to providing high-quality legal services in Costa Rica. They emphasize the importance of legal expertise and strive to offer exceptional legal representation to their clients. They also host a podcast, “Bufete de Costa Rica: The Law Discussed Like Never Before,” exploring legal topics in an accessible format.
