THE CUBA REVIEW 11 



CUBAN LAW-A FEW POINTS OF INTEREST 



By Augustine P. Barranco, of the Xew York Bar, formerly Chancellor of the Cuban Legation at Washington 



Mr. Elihu Root, while Secretary of War, had occasion to study the hiws of Cuba and re- 

 marked that its substantive law, that is to say, that branch of the law which defines the rights 

 and obligations of persons and property, was admiral )ly clear and logical and peculiarly 

 fitted to the people and institutions (other than political) of the Island. He advised that they 

 be left unchanged. Well might he say so, because Cuban substantive law is based on the prin- 

 ciples of the law of ancient Rome, and Roman law, like the Roman road, was built for all time. 

 This sytem of law is called the Civil Law and obtains in nearly all continental Europe, South and 

 Central America and some of our own states, notably Louisiana as distinguished from the 

 Common law which obtains principally in England and the United States. 



The adjective law, that is to say. that branch of the law which determines the procedure 

 by which the rights and obligations of persons and property are to he enforced by the courts, 

 is well suited to the people and institutions of the Island. It is less technical than the American 

 law in matters of evidence, but on the other hand, more technical in matters of form and pro- 

 cedure. The presentation and decision of a case is much more speedy in Cuba than is general 

 in the United States, because the law expi esslj^ limits the time within which t he pleadings shall be 

 presented, the witnesses heard and the decision rendered, and only under extraordinary cir- 

 cumstances may the court extend these periods. On the whole a body of able, experienced 

 and upright lawyers and judges plead at the bar and administer justice in the Island. 



It is not the purpose of this article to go deeply into the subject of Cuban law, but merely 

 to single out some points that may prove of interest to Americans who may desire to live, 

 invest or do business in Cuba. 



THE CONSTITUTION 



The Cuban constitution is modeled on that of the United States. It protects both for- 

 eigners and native impartially. Under it no one may be deprived of life, liberty or property 

 without due process of law. A fair and public trial must be had in criminal cases, before a 

 single judge or court composed of several judges, according to the gravity of the charge, but 

 without a jur>-. The defendant must be informed of the charge, and he has the right to employ 

 counsel, be confronted with the witnesses, testify or refuse to testify in his own behalf, compel 

 the attendance of witnesses in his defence, and to appeal. An interesting feature of such a trial 

 is that called "careo" or a face-to-face exchange of questions and answers in court between the 

 defendant or his witnesses and the witnesses for the prosecution. Under this searching cross- 

 fire more than one false witness has betrayed the desire for revenge or profit which prompted 

 his testimony. The '"careo" is the privilege of the accused and he cannot be compelled to testify 

 under it. 



Neither the Government nor any corporation, such as a railroad can acquire piivate 

 property without the owner's consent. They may bring proceedings in court to condemn 

 property, but then they must prove first, that the property they seek to acquire is necessary 

 for some public utility; and secondly, the just and fair value of it. The owner of the property 

 may oppose the proceedings either on the ground that there is no public utility or that the 

 price offered by the Go\-ernment or railroad is less than its fair value, and present the evidenee 

 of witnesses and documents in his behalf. The court generally appoints experts to examine 

 into the utility and the value, and alter weighing all the evidence decides the case. If it is in 

 favor of the Government or railroad it fixes the value of the property, which amount must be 

 paid before it can take possession. An appeal may be taken to a higher court. 



REAL PROPERTY 



Real propertv is classified as rural or urban, according to whether it is located in the coun- 

 try or town, and improved or unimproved. Rural property is taxed only when it is improved, 

 such as a sugar plantation. Urban or city property is taxed whether or not improved. There 

 is no land problem in Cuba, Vjecause, while there are some large estates owned by individuals 

 and corporations, there are innumerable small and medium sized farms and room for five times 

 its present population of two millions. 



Foreigners, both individuals and corporations, may own and dispose of real property 

 exactly like natives. A rare, V)Ut lit )eral i)rovision of the law is that where a foreigner dies 

 leaving property in the Island, whether real or personal, the disposition of his estate is to be 

 made according to the law of his own country. 



The sytem of registering title to real property is most excellent and is modeled on that of 

 Germany and Spain. L'nder it there is an office' called the Register of Property, one for each 

 municipal district (somewhat like our county) into which each province is dividend and every 

 tract of land in that district is given a number and entered in the books by metes and bounds, 

 with the name of the owner, when and how he acquired it, mortgages and other encumbrances. 

 Successive transfers and encumbrances are entered in chronological order. Thus there is a 



