Advertising, legal certainty and third party real estate. Theoretical and jurisprudential notes for the debate on its necessary protection in Cuba

Abstract

The normative modifications operated in Cuba since the entry into force of a set of Legal Provisions since 2011 have transformed private legal traffic, fundamentally in the contractual order. The increase in transactions aimed at shifting ownership of permanent residence has added a new nuance to all civil litigation at the national level. In this type of conflicts the importance of the registry inscription as a cardinal element in its resolution, conquers the first places in the academic and jurisprudential attention. On the other hand, the normative scope is relegated, in which there are unknowns about the validity of a preceptive that reaches almost 126 years of promulgation. In particular, the legal statute of the third party acquirer in the engendering of controversies associated with the ownership of the most important urban property, has unclear contours that do not allow a glimpse of the line through which it passes. Thus the judicial pronouncements are hesitant, although with some recent trends that hope the direction of the issue in the nation.