Encyclopedia of Private International Law
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Encyclopedia of Private International Law

Edited by Jürgen Basedow, Giesela Rühl, Franco Ferrari and Pedro de Miguel Asensio

The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. Equally, so has the number of legislative activities on the national, international and, most importantly, the European level. With a world-class editor team, 500 content items and authorship from almost 200 of the world’s foremost scholars, the Encyclopedia of Private International Law is the definitive reference work in the field. 57 different countries are represented by authors who shed light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration. The Encyclopedia consists of three inter-linked pillars, enhanced by sophisticated search and cross-linking functionality. The first pillar consists of A-Z coverage of the scope and substance of Private International Law in the form of 247 entries. The second pillar comprises detailed overviews of the Private International Law regimes of 80 countries. The third pillar presents valuable, and often unique, English language translations of the national codifications and Private International Law provisions of those countries. This invaluable combination represents a powerful research tool and an indispensable reference resource.
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Cuba

Civil Code of the Republic of Cuba1

Act no 59/1987, 16 July 1987

[…]

Art. 11. Foreign citizens and individuals without citizenship who are permanent residents in Cuba have the same civil rights and duties as the Cuban citizens, unless provided otherwise by law.

Art. 12. 1. The civil capacity of individuals to exercise their rights and perform legal acts will be governed by the law of the State of which they are citizens.

2. The civil capacity of individuals without citizenship who are residents in our country is governed by the Cuban legislation.

3. Legal persons shall be governed by the state legislation under which they were incorporated.

Art. 13. 1. The form of civil legal acts is governed by the law of the country where they have been performed.

2. The legal acts performed before Cuban diplomatic or consular officials or before masters of Cuban vessels or aircrafts are required to comply with the formalities laid down in Cuban law.

Art. 14. 1. Civil legal acts related to movable and immovable property and their formalities are governed by the legislation of the State where they are located.

2. Vessels and aircraft are subject to the law of their flag, matriculation or registration.

Art. 15. Succession mortis causa is governed by the national law of the decedent at the time of his death, whatever the nature of the property and the place in which it is located.

Art. 16. Extra-contractual obligations is governed by the law of the place where the event from which they result took place.

Art. 17. In the absence of express or implied choice by the parties, contractual obligations are governed by the law of the place of performance of the contract.

Art. 18. Classification of the natural event or legal act needed to determine the applicable conflict of laws rule will always be made in accordance with Cuban law.

Art. 19. In the case of referral to a foreign law that, in turn, refers to the Cuban law, the latter will be applied. If the referral is to the law of another State, renvoi will be admissible provided as the application of the foreign law law does not violate what is provided for under article 21. In this latter case, Cuban law will be applied.

Art. 20. If an agreement or an international treaty to which Cuba is party, lays down different rules from those expressed under the preceding articles or that are not contained in them, the rules of the said agreement or treaty will be applied.

Art. 21. Foreign law will not be applied to the extent that its effects are contrary to the principles of the political, social and economic regime of the Republic of Cuba.

[…]

Special provisions

First: The form of the marriages celebrated in Cuba is governed by Cuban law.

Second: The civil status and the family rights and duties of the individuals are governed by the law of the state of which they are citizens.

Third: The personal and patrimonial relationships between spouses are governed by Cuban law if both or one of the spouses is a Cuban citizen. If both spouses are foreigners and their personal laws conflict, Cuban law will also be applied to them insofar as they are in Cuban territory.p. 3102

Civil, Administrative Labour and Economic Procedure Act2

19 August 1977, amended in 2006

[…]

Art. 2. This jurisdiction addresses:

  • civil disputes between natural or legal persons, where at least one of the parties is Cuban;

  • disputes between foreign natural or legal persons with representation or domicile in Cuba, where the litigation does not concern assets located outside of Cuba;

  • matters submitted by contract or treaty to the jurisdiction of the Cuban courts.

Disputes submitted to the jurisdiction and competence of state arbitration, that arise from relations between administrative units, state enterprises and other entities are exempted from this provision.

Art. 3. The jurisdiction of the Cuban courts may not be declined. Courts may not refuse to hear a case if either of the two litigants is Cuban or has property in Cuba, even if there is a dispute pending in other country concerning the same dispute or the parties have submitted to foreign courts, including arbitral courts.

Disputes that arise in international business and are submitted expressly or impliedly, or by way of a legal provision or international agreement, to arbitration courts are exempted and not subject to the preceding paragraph.

Art. 4. Lack of jurisdiction may be established ex officio at any stage of the proceedings.

[…]

Art. 372. Divorce proceedings for the dissolution of marriages celebrated in Cuba may be brought before the competent court regardless of the nationalities of the spouses. In cases where an agreement exists between the spouses concerning the dissolution of the marriage and its legal effects and there is no opposition by the Prosecutor, the divorce will be arranged by way of notary.

In the case of a marriage celebrated in a foreign country, divorce proceedings may be brought if one or both of the spouses are Cuban.

When the marriage has been celebrated between two foreigners outside of Cuba, divorce proceeding may be brought, provided that domicile has been taken up in the national territory, and that the breakdown of marriage was caused after this point or in case of agreement, provided that they have been domiciled in the country for over six months.

[…]

Art 483. Foreign court judgments that are final in the country where they were rendered will have in Cuba the effects established in treaties and in the absence thereof, they will be binding as national judgments provided all the following conditions are met:

  • the judgment has been rendered as a consequence of an action being brought in personam;

  • the judgment has not been entered in default of the defendant;

  • the obligation concerned is lawful under Cuban legislation;

  • the judgment document meets the necessary requirements in the state in which it was issued as authentic, as well as those required by Cuban law for it to be considered authentic in state territory;

  • the judgment is accompanied by a declaration of the Ministry of Foreign Affairs of the country where it was rendered stating that the authorities of that country will give effect, as a sign of reciprocity, to judgments rendered in Cuba; and

  • the domicile in Cuba of the person sanctioned in the judgment is indicated correctly.

Unofficial translation by Prof. José Fernández Rozas and Prof. Pedro de Miguel Asensio, both Universidad Complutense de Madrid (Spain).

Unofficial translation by Prof. José Fernández Rozas and Prof. Pedro de Miguel Asensio, both Universidad Complutense de Madrid (Spain).