The Domestic Violence Proceeding in Costa Rica
Domestic violence is a delicate issue, which must be analyzed carefully and must be clear, when anyone faces a situation of violence, it can be quickly identified and act accordingly, to avoid further damages. In our country there is a Law against Domestic Violence, which specifies not only the procedure that the legal proceeding has, […]
Become a Pensioned Resident in Costa Rica
At ERP Lawyers & Associates we provide advice in immigration law, such as applications to obtain residency, adjusting to the requirements of each of the different existing categories, as in this case that of Pensioned Resident. For different reasons, such as legal security, natural beauty, democracy, education, access to infrastructure, health services, among others, Costa […]
Payment of “Aguinaldo” (Christmas Bonus) and School Wages in Alimony and Child Support
In accordance with the month of December and the end of the year approaches, people who are obligated to pay alimony are required to make some additional payments to the ordinary alimony payment, according to the Law of Alimony. Article 16 of said Law states the following: “Article 16- Obligatory nature of the Christmas bonus. […]
CREDITOR OBLIGATIONS IN ACCORDANCE TO THE “LAW AGAINST USURY”.
Law 9859, known to the public as “Law against Usury“, has reformed several articles of the Law for the Promotion of Competition and Effective Consumer Defense in benefit of potential debtors. As the main highlights, we can mention that this reform establishes the method which the Central Bank will use to establish, in the months of […]
EXEMPT EMPLOYEES AND THEIR IMPLICATIONS
Within the company’s organization, there are different types of workers, with a variety of positions and duties. Within this organization, we can find the exempt employees or so-called employees of trust, who, according to the doctrine “…are those who are directly in charge of the management of the company. According to Article 5 of the […]
MOTION OF REDUCTION OF ALIMONY
According to article 174 of the Family Code “the alimony benefit may be modified by the change of circumstances of who provides or who receives it.” Therefore, the change or modification of the amount of the alimony will only proceed when there is a change of circumstances (almost in all cases due to labor and […]
Changing Name to Gender Identity in Costa Rica
As a result of the Advisory Opinion issued by the Inter-American Court of Human Rights (IACHR), which established the possibility of regulating the change of name through administrative means, without the intervention of a judge; is that on May 14th, 2018, a reform was approved in the country indicating that any Costa Rican of legal […]
Did you know that rest time at work is a labor law?
Labor law as a branch of law has as its objective the protection of human labor performed in a free manner. In this sense, short breaks at work are fully established as labor law. According to our Labor Code, in article 137, it is established that the “effective work time is the time where the […]
The Fundamental Right Of the Personal Information: Informative Self Determination
On September, 2011 the “LAW FOR PROTECTION OF PEOPLE FOR THE HANDLING OF THEIR PERSONAL INFORMATION” came into force. The objective of this Law is to protect people’s personal information, regardless of their nationality, residency status or the address they possess. This Law also created “The Agency For Data Protection Of the People” (PRODHAB), which […]
The Judicial Process of the divorce By “Character Incompatibility”
In early 2020, a very important reform regarding divorce was approved by the Legislative Assembly. The “Character Incompatibility” was included in Article 48 of the Family Code as another cause of divorce. Six months after marriage, and via the Judicial System, one can file for divorce alleging “Character Incompatibility” between a couple. This new causality, […]