In Puerto Rico, what inheritance laws apply?

The heritage laws of Puerto Rico affect everybody who owns property in Puerto Rico

The Puerto Rico Civil Code is the main law relating to property estate and property rights. A foreign owner is not treated differently nor does any distinction between foreigners of different nationalities or religions made under Puerto Rico law. car rental

The general principles governing jurisdiction over legacy are:

The real estate located in Puerto Rico is governed by Puerto Rican laws. If the law applicable to the property of Puerto Rico is the law of the competence of the owner where he resides, this provision is not valid under the law of Puerto Rico. Without passing through Puerto Rico courts, the Property Registry will not record an immovable transfer ordered by a foreign court.

The law of the jurisdiction in which the deceased resided or was domiciled governs personal property (i.e. all property except real estate). If the national law of the foreigner states that the applicable law is the law of Puerto Rico, the judge must apply substantive law of Puerto Rico. Puerto Rico courts recognize foreign judgments and if a foreign competent judge handles an inheritance process, the decision concerning property ownership must be made by a court of Puerto Rico.

Heritage problems in Puerto Rico are dealt with by a civil court that applies formal written proceedings. Any court decision made outside Puerto Rico in the last residence of the deceased must pass through execution courts in Puerto Rico. The process may be long, even if there are no conflicting problems, and includes the requesting and issuing by the Puerto Rico Treasury Department of a heritage tax lien release. All property of a deceased, real or personal, located in Puerto Rico shall be governed by this tax lien which is created by the law immediately after the death of the deceased. The release of property tax lien lifts the lien and allows the transfer or transportation of the accumulated property.

A heritage procedure may last from twelve to eighteen months without conflicting interests of the heirs.

Rent: Can tenants and landlords in Panama freely agree to rent?

Rents between landlord and tenant can be freely agreed.

In general, lease agreements can freely incorporate, as agreed between the parties, increases in the rent every certain number of years. However, rents equal to or lower than US$150 per month regulated under law No. 93 of 4 October 1973 can only be increased with written authorisation from the Department of Housing to give its approval in accordance with the fairness of the rent amounts and the reasonableness of the return on the investment of the landlord.

Deposits for Security

The tenant has to send a security deposit equal to one month of rent via the landlord to the Ministry of Housing. This shall be returned to the tenant when the lease agreement is terminated unless a claim for any amount owed by the tenant or for damages caused to the property on behalf of the owner is made.

What rights have landlords and tenants in Panama, particularly in relation to contract duration and expulsion?

In general, the duration of a lease agreement is not constrained or limited. The parties may freely agree on both the duration of the lease and the period of extension, unless the rental payments are equal to or below US$150 a month.

However, the tenant is not bound to the lease agreement but can terminate the agreement at any time with a 30-day notice to the landlord.

The duration of those contracts regulated under Law 93 of 1973 shall be at least three years. Furthermore, if the tenant is up to date on all payments for the rent, the tenant has the right to have the rental agreement extended for the same amount of time upon the termination of the contract.

Non-payment EVICTION OF RENT

Duration until process service is completed 30

Trial Duration 60

Enforcement Duration 30

Total Evict Tenant Days 120

Courts: Project Lex Mundi

How efficient is the Legal system in Panama?

The eviction process for renting agreements not subject to Law 93 of 1973 must be submitted to the Panamanian Judiciary Branch's municipal or circuit courts. The Corregidor, the highest authority of the municipality in which the tenant resides, shall execute the order.

The eviction procedures for those leases under Law 93 of 1973 are submitted to the Ministry of Housing's Housing Commission.

Generally speaking, the courts operate although the caseload is substantial and the evictions could take several months to complete.

Collection procedures also fall within the competence of the municipal or circuit courts of the judiciary.

DUE RENT COLLECTION

Duration until process service is completed 30

Duration of proceeding 180

Enforcement Duration 30

Total Unpaid Rent Collection Days 120

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