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Contrasting Costa Rica Law to the Common Law of the United States

The Common Law that law is the foundation of the law in the United States. Similar but more confusing is the  Napoleonic Code that controls Costa Rica’s law. Contrasting Costa Rica law (the Napoleonic Code) to that of the United States (English common law) it is understandable why numerous Americans are the victims of fraud in Costa Rica. Although this article is dry, it is nonetheless informative. Especially, the challenges and obstacles you will face if you decide to open a business or buy property.

 

Usage today

No matter the fact that the Napoleonic Code was not the very first civil code. Accordingly, it did not stand for every one of Napoleons’ empire. However, it was among the most prominent. It was ratified in many countries inhabited by the French throughout the Napoleonic Wars. Furthermore, it morphed and became the basis of individual legislation devices in Italy, the Netherlands, Belgium, and Spain. Portugal, in addition to Poland (1808– 1946), and Germany to the east of the Rhine. The Napoleonic code was used till the intro of the Gesetzbuch and became the initial civil code for all of Germany.

The Napoleonic Code was additionally accepted in 1864 in Romania

The Code was likewise embraced in Egypt as part of a device of the combined courts in Egypt. The Napoleonic Code was equated into Arabic from the French between 1881-1883. Numerous various other codes with marginal effects were the German, Swiss and Austrian. Nevertheless, there is some effect of the French code that could be really felt. Especially, as the Napoleonic Code is taken as the initial efficient codification of regulation.

Napoleonic Code prevalent in Latin America

The civil law devices of the countries of modern multinational Europe, with the exemption of Russia and numerous other Scandinavian Countries. They have, to differing degrees, been impacted by the Napoleonic Code. The lawful devices of Great Britain other than Scotland and Ireland are based upon the English common law. Scottish legislation, though similarly a civil law device, is uncodified. It was impacted by the Romano-Dutch law concept, and by English legislation.

In the Middle East, the influence of the Napoleonic code was incorporated with pointers of Islamic legislation. It is also in Saudi Arabia (which follows an addition to Islamic legislation). In Kuwait as an example, house civil liberties, girls’ civil liberties, and the education and learning device can be deemed Islamic reenactments of the French civil code. A few of these features can be viewed in different other Gulf states, although much less obvious compared to Kuwait, this primarily being as a result of the autonomous attributes of Kuwait, instead of the absolutist attributes of many different other Gulf nations.

Many Latin American countries, such as Costa Rica have their system of civil law founded on the principles of the Napoleonic Code. Many who come here, especially from the United States, assume that contract law and real estate law are similar to those in the States. Nothing is further from the truth which is why it is necessary to hire a competent Costa Rica lawyer who can guide you through this process.

I have noticed a spike in the number of cheating spouse surveillance. Is cheating in Costa Rica increasing? It has been so much, that I have had to increase staff to keep pace. Just recently, I have had more unfaithful partner cases than other types of investigations. Throughout the previous year, the need for monitoring cheating partners has actually increased twofold.

A recent study on the factors contributing to an increase was inconclusive.  Exactly what force is behind the increase, the results were mixed. The majority of the study indicates that this increase throughout financial difficult times is contrary to other information and current surveys suggesting, many people can ill afford exposure to a separation or a divorce.

Factors influencing the increase of cheating in Costa Rica

Perhaps, one factor is due to the enhanced pressure that financial tough times give the household environment. The increase might be related to the egregious partner desiring to leave the pressures. Costa Rica is a stunning nation with numerous natural resources that bring visitors from all over the world. Costa Rica is world-renowned for its stunning coastlines and tropical rainforest. It is likewise referred to as a fishing destination for enthusiastic fishermen, particularly from the United States. Numerous cases are now being examined starting with the tale that the cheating partner is going to Costa Rica to fish.

This “cover story”, in a sense holds true. The kind of fishing being done is not in the sea, it is in the many areas that have young, lovely, and beautiful females who work in the sex trade. The “fishing bait” being made use of is around 6 inches long, green, and is called United States currency.

Where do they come from

The most widespread locations in the United States experience the greatest rate of cheating partners. U.S. locations that have the highest frequency are metropolitan areas. The bigger cities such as Atlanta, Houston, San Francisco, Los Angeles, New York, Chicago, and Miami. Over the previous 6 months, most of the extramarital relations cases have actually come from the Atlanta area. The cases vary from a weekend spree to secretly sending money to the prostitute.

I have had cases where the unfaithful partner has actually bought a property in Costa Rica, without the knowledge or permission of the wife. For the most part, cheaters stand to lose their Costa Rica property. Any property acquired in Costa Rica while their marriage exists in the United States can be lost. It is subject to an undivided one-half with their spouse in Costa Rica without a divorce. In fact, the wife in the United States only has to file a demand for her undivided one-half. The Costa Rica courts and the property will be tied up until a settlement agreement is executed between them. Costa Rica has really distinct laws worrying about such realty purchases.

Agency Information

Our agency in San Jose is fully staffed and I have an associate who is a licensed Costa Rican Attorney. This is definitely an advantage to our clients in order to assist them with legal matters. Matters, such as recovering properties that have actually been obtained surreptitiously. Land grabs are common here. I have a law degree, but I do not practice law in Costa Rica and encourage anybody requiring a comprehensive description of the laws get in touch with somebody like my associate, a certified Costa Rica lawyer and have the law explained in detail.

Commonly I am asked, when should a suspicious partner seek my services. The simple truth he is coming to Costa Rica with his “pals” which alone should prompt action. If absolutely nothing takes place then the partner in the United States can have some peace of mind knowing that her suspicions were unfounded.

Criminals Indicted in USA for Laundering

I had the task of recovering money that a client sent to an online Costa Rica money laundering scheme. The same Costa Rica money laundering criminals were indicted in the USA. Fortunately, my client was able to recover his money prior to the closure of the scam. Not everyone is so lucky. Once again, if it sounds too good to be true it is. The scam was offering a method to move money without regulators knowing where the money originated.

The New York Times reports that this scam was “a PayPal for criminals”. The scheme embraced activities globally allowing participants to move money I’n complete anonymity. According to the article, Liberty Reserve was responsible for criminal activity ranging from stolen identities to child pornography. In the indictment which was handed down in Manhattan, “Liberty Reserve was in fact used extensively for illegal purposes, functioning in effect as the bank of choice for the criminal underworld.”  The New York Times also reports that a “senior law enforcement official, who spoke on the condition of anonymity because the charges had not yet been announced, said that one undercover agent was able to register accounts under names like “Joe Bogus” and describe the purpose of the account as “for cocaine” without questioning. That no-questions-asked verification system made Liberty Reserve the premier bank for cyber-criminals, facilitating a broad range of illegal online activity.”

Dwtails of scheme

According to information contained in the indictment Liberty reserve is estimated to have laundered more than $6 billion dollars. The founder of Liberty Reserve, Arthur Budovsky, who reportedly renounced his United States citizenship in 2011, was arrested in Spain on Friday. Budovsky formed a Costa Rica corporation in 2006 and used it as a vehicle to promote this money laundering scheme. Previously Costa Rica law provided a method of forming corporations that were completely anonymous. They are called S.A. (Sociedad Anonima) and it is virtually impossible to pierce the corporate veil due to the structure of the S.A.. Unlike American corporations an  S.A. is owned by the person who has physical possession of the corporate books. The corporate officers that appear on the official records in most cases have no connection to the ownership.

One reason I felt it was important to post this information is the high incidence of fraudulent activities here in Costa Rica. Many times unsuspecting Americans and other visitors are easy prey for the con artist. Remeber the old adage “if it’s too good to be true, then it is”? Whether it be investment offers or real estate you owe to yourself and your family to be sure before you commit any money to anything in Costa Rica.

We advise our clients that prior to sending any money to Costa Rica, especially via Western Union, they retain the professionals at Cody L. Gear and Associates to conduct a thorough due diligence. The cost of such an inquiry could prove to be pail in comparison to the loss you may suffer if you don’t. For more information call us toll free at 321*218-9209.

 

The U.S.- Costa Rica Real Estate Fraud Increasing

The police (OIJ) busted a real estate closing Monday and arrested five men suspected of Costa Rica Real Estate Fraud. The arrests took place at the closing agent’s office in Guadalupe. I have learned from news sources, that the agents uncovered an elaborate scheme. Prior to the fraud completion police notified the real owners. As a result the  police were able to thart the fraud.

They are incredibly lucky.

What we know

According to news sources, the unusual thing was that the agents were able to move in at the closing. OIJ spokesperson said they received an anonymous tip, The tip was last week, and enabled OIJ to contact the real owner of the property who said that his land was not for sale. Of those arrested one is 82, and the other suspects are 35 to 52, according to OIJ. OIJ did not reveal the names of the suspects. The property in question is in Tres Ríos in the Cartago area.

Authorities moved swiftly

OIJ acted quickly after obtaining the tip and was successful in thwarting the fraud. Being a Certified Fraud Examiner, I know that most of these types of real estate fraud are not detected until sometime after the closing. By being proactive the OIJ and its agents should be applauded for detecting and preventing this fraud. As in the United States, typically real estate fraud cases have low priority and insufficient resources to detect, apprehend and prosecute such cases. If you are considering buying real estate in Costa Rica, call us! We know the ends and outs of Costa Rica Real Estate Fraud.

Conclusion

If you are thinking about or in the middle of a real estate deal here, stop and call us. I recommend this and compare it to a second opinion from a doctor.

 

Some things to know travelling to Costa Rica

 

Before traveling outside your native country to another country you should prepare yourself. There are things to know travelling to Costa Rica to avoid unpleasant consequences.  Learning about the country before you go can prevent common problems or confusion.  Cultures vary throughout the world and sometimes a simple misunderstanding can become a big deal.  Learning about the basic life, culture and laws of a country you are traveling to can help you to be prepared and have an enjoyable vacation.

The basic things you need to know include how to get around, business hours and various other points.  Once you get to Costa Rica you need to know how to get around from place to place, especially if you are not within walking distance of your destination.

How do I get around?

Buses are the main form of transportation.  It is the most cost efficient and easiest way to get around.  Do be aware that the buses in Costa Rica are small and sometimes cramped.  You will not be able to take along luggage and if you need a lot of legroom you will be in trouble.  Another form of transportation is a rental car.  They are quite more expensive and you need to have insurance that will cover the rental car in case of an accident.  Also know that most rental cars are standards, so if you do not know how to drive one you may be out of luck.

Business hours in Costa Rica are much like that in the United States.  Typically they run from 8 or 9 AM to 3 or 5 PM.  Everyday a lunch break takes place between noon and 2PM.  Also on Sundays most places will be closed.  Costa Rica runs on Central Standard time, which means some of those traveling from the US may get to avoid jet lag all together.  The healthcare system in Costa Rica is very advanced.  They have an excellent system that offers up-to-date medical care in modern hospitals.  You can most often find doctors that speak English as well.  These basic facts will help you to get used to life in Costa Rica, but there are some more things you should get to know.

What are the things I need to know?

In Costa Rica there are some legal things you need to know.  If you are renting a car be aware that Costa Rica is a good place to have an accident.  Drivers here rank low for auto accident rates. The speed limits are posted either on signs or painted on the pavement and you should always be aware of them. The speed limits range from 45 to 55 MPH in general.   Costa Rica laws require that all luggage is screened through customs and declarations must be filled out for certain items like food and anything valuable.  Alcohol is legal for those over the age of eighteen.  Also be aware that prostitution is legal in Costa Rica for those over eighteen. These helpful hints about legal do’s and don’ts will help you avoid problems while in Costa Rica.

Other things to note

It is always nice to know about little things that are often overlooked on travel websites or in brochures.  The water heaters in hotels in Costa Rica are not like those in the United States.  You will find they are mostly plastic tubes with an electrical gadget in the nozzle.  This means hot water may not always be hot.  The busiest time in Costa Rica is during what is called the high season.  The high season is between December and May.  You may find that getting reservations can be difficult during this time.  You usually do not have to tip while out in Costa Rica.  A 10% tip is added to your bill. Another good thing to know is that the sewer systems can handle toilet paper unlike those in other countries.

The water system in Costa Rica is treated and safe to drink. The electricity in Costa Rica is the same as in the United States.  They do not use the grounding prong in some locations, so be aware of the need for adapters for this reason.  Dancing is big in Costa Rica and you can find dance clubs all over.  Laundry mats are not common in Costa Rica.  Most people send their laundry out to be washed. Some vacation rentals offer a washer/dryer as an amenity.  These helpful little hints can help you get through your vacation without a mishap.

Costa Rica is a lovely, peaceful country.  There is a lot to see and do.  Once you have decided on Costa Rica get to know a little more about the country so you can enjoy everything it has to offer.

Are you thinking about buying Costa Rica real estate?  I know there are many beautiful places here. But, before you sign on the dotted line, there are several things you need to be aware of. Real estate agents have no licenses. Thus, anyone can represent they are a real estate agent. There is no government oversight of the real estate industry in Costa Rica. Consequently, anyone with a mouth and ears can sell real estate here. Consequently, you are at risk if not done correctly.

Living here I am well aware of the “real estate agents” who are nothing more than scammers. Scammers are protected here by the law. You can more money defrauding someone here than selling drugs. I know of fraud cases in the courts here for over ten years. You can never lose sight that the court system is not like the one back home. Courts here are run by inept and corrupt judges. No jury trials here. If you are a foreign national you enter the court areana with 2 strikes.

Real estate ownership here is possible if you do it right. A licensed Costa Rica attorney is all you need. All real estate purchases must be notarized. All Notary’s here must be licensed Codta Rica attorneys. However, not all licensed attorneys are Notaries. To have the notary designation requires additional education/ training, and many do not have it.

I recommend that buying Costa Rica real estate requires a licensed attorney. Also, one that speaks English as well as Spanish. It is vital for you to understand each step of the purchase. We offer to our clients legal services with a licensed Costa Rica Attorny and Notary. You can come by or call for an appointment. We will be happy to assist you.