The real right of habitation and easements in Cuba, from atypicality to typicality

Abstract

In Cuba, real rights, called by the common norm Rights over property, have been depressed in terms of their variety and content. The Cuban Civil Code of 1987 weakly regulated these institutions under the influence of a general system that weights and exalts state property over others. The constitution of real rights is conceived under the prism and influence of Spanish tradition, thinking about the idea of numerus apertus; However, the legal imagination does not conceive others than those expressly regulated. Therefore, in light of the new legislative changes and the introduction of the Real Right of Habitation and Easement, operators feel more secure, but an interpretative study is required from the doctrine to direct its development; in addition to other legislative changes that await.