Abstract

FERNANDEZ MARTELL, José Karel  and  PANADERO DE LA CRUZ, Ediltrudis. Collationable donations: the mystery of a juridical institution. Significant implications for Cuban positive law. Opin. jurid. [online]. 2012, vol.11, n.22, pp.115-129. ISSN 1692-2530.

The article shows the reality of national hereditary law in relation to the immutable aspect of applying norms containing hereditary collation in current Cuban juridical practice, even when the high number of cases of hereditary distribution and adjudication show that l judges overlook the institution. This is specially caused by the complex legal formula contemplated in Article 530 of the Civil Code (Republic of Cuba, 1987) and the exaggerated normative economy accompanying the text of the Cuban civil code when improperly dealing with figures such as the legitime, operations for calculation, and determination of the legitime (computation or fictitious sum, imputation), collationable and not collationable goods, ways of termination of collation, etc.

Keywords : Hereditary collation; inofficious donations; collationable donations; specially protected heirs.

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