12 THECUBAREVIEW 



complete history of the property in a pubUc record accessible to every one. The registrar 

 must be a la\vye"r versed in real estate law and undergo an examination as to his capacity and 

 character before appointment to office. He is vmder heavy bond and may not record an instru- 

 ment unless it is in proper legal form and gives the name of the owner and the description of the 

 property as the same api)oai in the iiooks. An appeal lies to the courts if the registrar refuses 

 to record an instrument, when the com-t passes upon the form of the instrument. 



There is very little litigation in Cuba (except in the sjjecial case hereafter mentioned) 

 regarding title to land that has once been recorded. Where disputes arise as to whether the 

 physical l)oundaries are in accord with the written boundaries, new surveys are made under the 

 direction of the court and the lines marked by monuments. 



During the Spanish colonial regime the expenses of drawing a deed and recording it were 

 heavy and consequently many transfers of rural property were made by private documents and 

 unrecorded. Property thus acc^uired was handed down from father to son without further 

 formality. In the course of time these jirivate documents were destroyed or lost and then as 

 the locality increased in poi)ulation and value, some descendant wishing to protect himself 

 and his descendants would bring a proceeding in court and prove by witnesses that he had been 

 in public, i)eaceful and continuous possession of the land for over twenty years under some color 

 of title, and his ancestors before him, whereupon after hearing the objections, if any, of the 

 owners'of adjoining property the court would give judgment of title by possessioii. This form 

 of title is somewhat like our title by adverse possession, and is not good against one having 

 dominion title, which corresponds to our title in/ee. This possession title was recorded in the 

 register of property under a special class and was good against ever>'body except one claiming 

 under a deed of conveyance from the original registered titleholder. Title by possession thus 

 recorded, accompanied by continuous possession of the land for twenty years more, entitled the 

 holder to go into court, and after satisfactory- evidence being presented, the court would render 

 judgment giving dominion title. There is always the danger, however, that there may have 

 been some flaw in the court proceeding by which the second change of title was made and that 

 someone claiming under a grant from the original holder of record may commence suit to 

 recover the land. Fortunately there are relatively few titles affected by this, but still there are 

 enough to make it worth while to have the point carefully examined before buying country 

 property. 



OF PERSONS 



All births, marriages and deaths in Cuba are registered in an office of the municipality 

 where they occur. If the person be a Cuban citizen they are also registered in a national office 

 at Havana where all such entries are made in chronological order under the person's name, 

 and even where they occur abroad they may be registered in the local Cuban Consulate which 

 forwards a certificate to the central office at Havana. Thus the Cuban Government has the 

 full history of its citizens on these important points. 



The age of majority is twenty-three for both men and women. The father, and on his death, 

 the mother is the guardian of the person and property of the child. Upon the death of one, 

 the survivor may by will designate who shall be the guardian. Such guardian however must 

 consult matters affecting the ward's property and welfare with a committee called the family 

 council, composed of certain relations of the child, and in case of their disagreement as to what 

 should be done in a given case, the matter is submitted to the court for determination. In 

 order to sell, mortgage or otherwise dispose of real property or certain personal property of the 

 minor, the consent of the court is necessary. 



Marriage may be by civil or religious ceremony. Such property as the wife owned at the 

 time of the marriage, or such as she may thereafter acquire by gift or inheritance, is her separate 

 property, but her husband becomes the manager of it, and she may not sell, mortgage or other- 

 wise dispose of it without his consent. If he refuses, she may apply to the court and if his 

 refusal is found to be unreasonable, the court will give the necessary authority. The husband's 

 property is his to manage and dispose of freely during his lifetime. But immediately upon 

 marriage the law creates a conjugal partnership as to all property which the husband and wife 

 may acquire, during marriage, as the result of their labor, savings, or business. On the death of 

 one of them' the conjugal partnership is ended, and the surviving spouse is entitled absolutely 

 to one-half of such increment, thus establishing a true partnership between husband and wife. 

 A parent may not disinherit a child except for cause, but as to a part of the estate either 

 parent may dispose freely by will. . , . , 



A curious provision of the law, always good to bear m mmd, is that where you are left a 

 share in an estate by will you will be liable for the debts of your "benefactor'' out of your own 

 property unless you state that you accept the inheritance or bequest "subject to inventory," 

 which means that you want an inventory to be made first and that if you finally do accept and 

 other debts should turn up, you will not be liable beyond the amount of property you received 

 from the estate. The story is told of one who, while considered rich, was in reality penniless, 

 and heavily in debt and leaving his estate to some unsophisticated enemy, the latter did not 

 qualify his acceptance "subject to inventory" and had to pay his enemy's debt, at which the 

 departed— but no, the story ends here. 



