Costa Rica Lawyers & Laws – What is the Civil Law system? With free video.
1. What is a Civil Law System?
The civil law system derives from the system of jurisprudence held and administered in the Roman Empire, which developed the idea of compiling its written laws into codes.
The earliest and most elaborate codification of these laws was found in the Code of Justinian which was developed in 533 A.D. The Code of Justinian was the inspiration for the development of three of the most influential modern legal codes, the French (Napoleonic), German and Swiss.
Under the civil law system, the “code” is a written codification of all the various topics and subdivisions of the law set forth by the legislature. This system of law is used throughout Latin America including Costa Rica. The basis of all Latin American codes was the French Napoleonic Code.
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Typically, a civil code will address different areas of the law by subdividing them into specific legal areas such as: the law of property, the law of succession, the law of obligations, the law of persons, and commercial laws.
1.1. Civil Law Vs. Common Law.
Unlike Costa Rica, which has a civil law system, the United States functions as a “common law” country. Common law in the United States was derived from case law originally developed in England. The Common law relies on the case law that is generated by the court system instead of the legislative enactment’s typically relied upon in civil law countries.
The Costa Rican Legal System. What You Do Not Know Can Hurt You. Video with Attorney Rick Philps.
Interestingly, the differences between both systems have been reduced over the years, as we see a wider use of codification of laws in the United States in the form of federal and state statutes. Meanwhile, countries such as Costa Rica begin to publish and organize their case law, known locally as Jurisprudencia, in an effort to develop precedent for similar cases.
However, in Costa Rica the decisions of the appellate court are not necessarily binding on the lower court. Only the decisions of the Constitutional Chamber of the Supreme Court are mandatory and binding on all lower courts in Costa Rica.
Costa Rica Attorney Roger Petersen & Attorney Rick Philps.
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Written and copyright by Attorney at Law – Roger A. Petersen. Roger has been an attorney since 1992 and is a member of both the Costa Rican and Florida Bar. He practices law in San José, Costa Rica and is the author of the best-selling book The Legal Guide To Costa Rica which you can order from Barnes & Noble here or from Amazon.com here. Attorney Petersen’s website can be found at Petersen & Philps Law Offices.
To speak with Attorney Roger Petersen and Attorney Rick Philps and about hiring them as your Costa Rica attorneys, please contact them using the information below:
Escazu, San José, Costa Rica
Tel: 506-2288-2189 Ext. 101 or 2288-6228 Ext. 101
You can email Attorney Roger Petersen by clicking here.
You can visit the Petersen and Philps Law Offices Website here.
You can visit the CostaRicaLaw website here.
Andrew Makarik
to@welovecostarica.comAndrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.
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