Aug 13, 2020 | English Blog

The current laws that governs civil daily life for both Nicaraguan citizens and citizens who wish to make investments in Nicaragua has undergone substantial changes since the legislators have adopted and incorporated to the civil laws various modern trends that came to govern the way to do business globally.

The Substantive Regulation (Civil Code), despite dating from 1904, was amended by the National Assembly who has published a new edition in 2019, in which were suppressed or modified articles regarding to matters that had already been removed by the approval of a special law or code in that matter or by the addition of new modern legal concepts that were not included in the original legal body.

The same happens with the procedural norm (Law 902, Civil Procedural Code), which entered into force in April 2017, in which we went from strictly written and bureaucratic processes which were susceptible of corruption by the procedural parties as well as by the jurisdictional body to oral and expedited processes whit a spirit of total transparency for the good administration of justice.

Based on the foregoing, new formalities have also been adopted in regard with the granting of any Power of Attorney issued abroad. Thus the interested party can go to the Nicaraguan Consulate in the country of origin and grant the mandate or power of attorney before the Nicaraguan Consul who works as a notary public and apostille or authenticate it before the Ministry of Foreign Relations, depending on the country of origin.

If the Mandate or Power of Attorney is issued in a language other than Spanish, before a notary in the country of origin, it must also be apostilled or authenticated as mentioned, but to be used in Nicaragua it must be translated into Spanish in a public deed before a Nicaraguan notary who has ten years of exercise the notary profession in order to be legally valid.

The Power of Attorney must establish exactly the granting of faculties or special powers since is governed by the maximum literalness and the existence of powers not explicitly conferred is not presumed. The representative to whom his powers have not been indicated or limited, will have those that the law grants to the generalissimo, general or special representative according to the name given to the power.

The General Judicial Power to litigate can be conferred for certain processes or in general for any process in which the client intervenes, including, where appropriate, the various instances, resources and appeal means, empowering him to validly carry out on his behalf, all the procedural actions included in the processing of the processes, from the preparatory acts to the execution.