Abstract

PANADERO DE LA CRUZ, EDILTRUDIS  and  ARAUJO QUINTERO, CELIA. Migration, succession by cause of death and private international law: its need of harmonization in Cuba. Justicia Juris [online]. 2016, vol.12, n.2, pp.43-58. ISSN 1692-8571.  https://doi.org/10.15665/rj.v12i2.1010.

With the promulgation of Decree Law 302 of October 16, 2012, in Cuba, which amended the Act 1312 Immigration Act, deficiencies are emerging in the civil legal order with respect to migrant heir or the deceased, as there is no consistency between the established in this standard and the provisions of substantive civil law in matters of inheritance, example is the current regulation of article 470 of the Cuban civil Code, which states as inability to succeed the definitive abandonment of the country; and article 473 first paragraph of the legislation itself, which enshrines the share that would have been him who has definitely left the country, if it exceeds the total amount of two years of the national average wage, no accrues to the heirs and transmitted directly to the State; also on Private International Law, when it has determined the law applicable to succession issues if the deceased or heir of the succession has migrated, it is controversial citizenship point connection established by article 15 of the Cuban civil substantive law.

Keywords : cause; heir; international succession; migrants; migration.

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