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.
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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