On Property Rights (VIII) / Cuban Law Association, Mérida de la C. Pastor Masson, Esq.

Mérida de la C. Pastor Masson, Esq.

Following a corresponding written order, in relation to article 168, we will refer to the nature of joint ownership constituted by the participating State or its agencies, organizations, policies, etc., with a participating natural person and, which can be extinguished by a cause such as: Participation and allocation of goods in accordance with its nature.

A purchase by the State or any of its agencies or organizations from participating natural persons.

A purchase by natural persons from the participating State so long as this does not include a farmstead.

The sale of a said property and subsequent distribution of monies shall be allotted to co-owners (State and natural persons) in accordance with corresponding quota allocations.

In all all cases, purchase and selling operations shall –  let us be clear — be carried out at the official price should this be already fixed or, otherwise, shall be appraised and established by the government body empowered to conduct said proceeding.

From this chapter, we only need to mention that pursuant to article 169 which refers to joint co-ownership derived from matrimonial or community property, said communal holding would be in danger of dissolution when, under certain circumstances in case of divorce, the community of marriage had been dissolved by what our Family Codes 29-42 specify as intent to “malign.”  Future updates on this topic are currently under review.

Translated by: JCD

11 December 2013