THE CUBA REVIEW 



The Statute of Limitations in Cuba 



What is known in American practice as 

 the statute of limitations is covered in 

 Cuban legal usage by the term "prescrip- 

 tion." These matters form the subject of 

 a number of articles in the Cuban Civil 

 Code and the Cuban Code of Commerce. 



In the following is discussed the ques- 

 jtion in how many years and under what 

 •conditions (a) an open account and (b) a 

 'promissory note become incollectible in 

 Cuba by lapse of time: 

 I (a) If the account was opened by a 

 trader for the value of goods sold to others 

 i\vho are not traders, or who, being such, 

 are engaged in a different trade, the said 

 account becomes incollectible by the lapse 

 jof three years provided the prescription 

 [has not been interrupted by the institution 

 of an action before the courts or by the 

 instrument on which the right of the credi- 

 itor is based. In all other cases the open 

 account becomes incollectible by the lapse 

 of five years provided the prescription has 

 not been interrupted. 



(b) A promissory note becomes incol- 

 lectible by the lapse of three years provided 

 there has been no interruption of the pre- 

 scription. 



Relevant Sections of the Codes 



The above statements are based on the 

 following sections of the Commercial Code 

 and of the Civil Code of Cuba: 



: Article g4j, Commercial Code. — The actions 

 j.vhich by virtue of this code do not have a 

 ixed period in which to be brought judicially 

 jhall be governed by the provisions of the 

 ;:ommon law (Civil Code). 



i Article igdy, Civil Code. — Actions for the 

 fulfillment of the following obligations shall 

 ^)rescribe in three years: * * * 

 I 4. For the payment of board and lodging to 

 nnkeepers, and to traders for the value of 

 ^oods sold to others who are not traders, or who, 

 oeing such, are engaged in a different trade. 

 ! Article ig66, Civil Code. — Actions to demand 

 ';he fulfillment of the following obligations pre- 

 scribed in five years: * * * 

 I 3. That of any other payments which should 

 pave been made annually or in shorter periods. 

 I _ Article g44, Commercial Code. — The prescrip- 

 ion shall he interrupted through suit or any 

 udicial proceeding brought against the debtor, 

 hrough the acknowledgment of the obligations, 

 j)r through the renewal of the instrument on 

 Ivhich the right of the creditor is based. The 

 prescription shall not be considered inter- 

 upted by a judicial proceeding if the plaintiff 



should discontinue it or the case should lapse, or 

 his objection be disallowed. 



Article gjo, Commercial Code. — Actions arising 

 from drafts shall extinguish themselves three 

 years after they have fallen due, should they 

 have been protested or not. A similar rule shall 

 be applied to drafts and promissory notes of 

 commerce, to checks, stubs, and other instru- 

 ments of draft or exchange, and to the divi- 

 dends, coupons, and the amounts of the amorti- 

 zation of obligations used in accordance with 

 this code. 



In addition to the above, it may be 

 stated that in Cuba an action to recover 

 possession of personal property expires by 

 prescription in 6 years (Civil Code, Article 

 1962); an action to recover real property, 

 in 30 years (Civil Code, Article 1963); 

 an action to enforce a mortgage in 20 years 

 (Civil Code, Article 1966); actions by pur- 

 chaser for damages based on an inherent 

 defect of an article sold, within 30 days 

 after its delivery (Code of Commerce, 

 Article 342). 



Cuban Academy of Telegraphy 



Last November the Academy of Te- 

 legraphy of the Department of Habana 

 was officially inaugurated. The wireless 

 section is provided with the most modem 

 apparatus and equipment; there are two 

 stations for receiving and transmitting 

 messages, and a receiving apparatus for 

 extra-length waves which registers mes- 

 sages sent from the Eiffel Tower. Nauen, 

 and other stations in Europe and in South 

 America. This section also has a direct 

 current generator, two for alternating cur- 

 rent, amplifiers, and other accessories. In 

 the wire telegraphy department, modern 

 innovations in apparatus, mounting, and 

 installation have been introduced, as well 

 as line circuits and all other equipment 

 necessary to give the student an exact 

 knowledge of telegraphy. 



Cuban Employees 



A recent law requires that on all public 

 works of the State, the Provinces, or 

 Municipalities, whether carried on under 

 their own auspices or by contractors, at 

 least 75 per cent of the employees shall 

 be Cuban citizens. Infractions of this law- 

 are punishable with a fine of $30 to $500. 



