Law 59 or the Cuban civil code is the legal body that regulates the main norms in legal matters such as Real Rights, Law of obligations, Contract law and inheritance law, in addition to the legal capacity of persons, natural and law, and some rules of Private International Law in the Republic of Cuba. [1] It has four books and a few articles about principles of civil law.
The National Assembly of People's Power passed the law in 1987. The previous code in force was the Spanish Civil Code. [2] Since Cuba was one of the last colonies of Spain in America, it did not have the experience of make its own Civil Code until the second half of the twentieth century, contrary to what many Latin American nations did throughout the 19th century. The Spanish Code was ratified by the proclamation of January 1, 1899 of the United States Military Government intervening in the Island. [3]
The first 10 articles of the Civil Code determine a set of legal principles guiding the Law. The title of the first book is "Legal relation", and article 23 mentions the elements that comprise the Law, which are: the subjects that intervene in it, the object and the cause that generates it. The Second Book is titled "Property Rights" Article 129.1 states that "Ownership confers on the owner the possession, use, enjoyment and disposition of the goods, according to their socio-economic destiny". The "Rights of obligations and contracts" is the title of the Third Book of the Code. The last book of the Code is entitled "Law of Succession". Article 466 introduces the subject stating the following: "The right of succession comprises the set of rules that regulate the transfer of the estate of the deceased after his death." [4]
The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was a treaty signed by Spain and the United States on December 10, 1898, that ended the Spanish–American War. Under it, Spain relinquished all claim of sovereignty over and title to territories described there as the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones, the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:, and the Philippines to the United States. The cession of the Philippines involved a compensation of $20 million from the United States to Spain.
A civil code is a codification of private law relating to property, family, and obligations.
The Spanish Constitution is the democratic law that is supreme in the Kingdom of Spain. It was enacted after its approval in a constitutional referendum, and it is the culmination of the Spanish transition to democracy. The Constitution of 1978 is one of about a dozen of other historical Spanish constitutions and constitution-like documents; however, it is one of two fully democratic constitutions. It was sanctioned by King Juan Carlos I on 27 December, and published in the Boletín Oficial del Estado on 29 December, the date on which it became effective. The promulgation of the constitution marked the culmination of the Spanish transition to democracy after the death of general Francisco Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a series of political, social and historical changes that transformed the Francoist regime into a democratic state.
The law of Japan refers to legal system in Japan, which is primarily based on legal codes and statutes, with precedents also playing an important role. Japan has a civil law legal system with six legal codes, which were greatly influenced by Germany, to a lesser extent by France, and also adapted to Japanese circumstances. The Japanese Constitution enacted after World War II is the supreme law in Japan. An independent judiciary has the power to review laws and government acts for constitutionality.
In the law of the United States, an insular area is a U.S.-associated jurisdiction that is not part of the 50 states or the District of Columbia. This includes fourteen U.S. territories administered under U.S. sovereignty, as well as three sovereign states each with a Compact of Free Association with the United States. The term also may be used to refer to the previous status of the Philippine Islands and the Trust Territory of the Pacific Islands when it existed.
The Bürgerliches Gesetzbuch, abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on 1 January 1900, and was considered a massive and groundbreaking project.
In the United States, state law refers to the law of each separate U.S. state.
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them. Most countries set the age of majority at 18, but some jurisdictions have a higher age and others lower. The word majority here refers to having greater years and being of full age as opposed to minority, the state of being a minor. The law in a given jurisdiction may not actually use the term "age of majority". The term typically refers to a collection of laws bestowing the status of adulthood. Those under the age of majority are referred to as minors and may be legally denied certain privileges or rights.
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent.
The Civil Code of Argentina was the legal code in force between 1871 and 2015, which formed the foundation of the system of civil law in Argentina. It was written by Dalmacio Vélez Sársfield, as the culmination of a series of attempts to codify civil law in Argentina. The original code was approved on September 25, 1869, by the passage of Law 340, and became active on January 1, 1871. With numerous subsequent modifications, it continued to be the foundation of Argentine civil law for more than a century. On 1 August 2015, the Civil Code of Argentina was replaced by a new Civil and Commercial Code - Código Civil y Comercial de la Nación.
The law of Germany, that being the modern German legal system, is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code were developed prior to the 1949 constitution. It is composed of public law, which regulates the relations between a citizen/person and the state or two bodies of the state, and the private law, (Privatrecht) which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code.
The Civil Code of the Philippines is the product of the codification of private law in the Philippines. It is the general law that governs family and property relations in the Philippines. It was enacted in 1950, and remains in force to date with some significant amendments.
The Burgerlijk Wetboek is the Civil Code of the Netherlands. Early versions were largely based on the Napoleonic Code. The Dutch Civil Code was substantively reformed in 1992. The Code deals with the rights of natural persons, legal persons, patrimony and succession. It also sets out the law of property, obligations and contracts, and conflict of laws. Proposed amendments will add a Book on intellectual property.
The Civil Code of the Republic of Chile is the work of jurist and legislator Andrés Bello. After several years of individual work, Bello delivered a complete project of the Code on November 22, 1855, which was sent to Congress by President Manuel Montt, preceded by a foreword by Bello himself. Congress passed the Civil Code into law on December 14, 1855. It then came into force on January 1, 1857. Although it has been the object of numerous alterations, the Code has been kept in force since then.
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured.
Puerto Rico is an island in the Caribbean region in which inhabitants were Spanish nationals from 1508 until the Spanish-American War in 1898, from which point they derived their nationality from United States law. Nationality is the legal means in which inhabitants acquire formal membership in a nation without regard to its governance type. In addition to being United States nationals, people born in Puerto Rico are both citizens of the United States and citizens of the Commonwealth of Puerto Rico. Citizenship is the relationship between the government and the governed, the rights and obligations that each owes the other, once one has become a member of a nation. Though the Constitution of the United States recognizes both national and state citizenship as a means of accessing rights, Puerto Rico's history as a territory has created both confusion over the status of its nationals and citizens and controversy because of distinctions between jurisdictions of the United States. These differences have created what political scientist Charles R. Venator-Santiago has called "separate and unequal" statuses.
The legal system of Puerto Rico is a mix of the civil law and the common law systems.
Same-sex marriage in Puerto Rico has been legal since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the court ruled that bans on same-sex marriage are unconstitutional under the Due Process and Equal Protection clauses of the United States Constitution. Same-sex couples could begin applying for marriage licenses on July 13, and the first marriages occurred on July 17, 2015.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the possible exception of American Samoa and some Tribal Nations. Same-sex marriages are currently licensed and recognized in all U.S. states, District of Columbia, territories, excepting the aforementioned American Samoa and some Native American tribal nations.
Cuban nationality law is regulated by the Constitution of Cuba, currently the 2019 Constitution, and to a limited degree upon Decree 358 of 1944. These laws determine who is, or is eligible to be, a citizen of Cuba. The legal means to acquire nationality and formal membership in a nation differ from the relationship of rights and obligations between a national and the nation, known as citizenship. Cuban nationality is typically obtained either on the principle of jus soli, i.e. by birth in Cuba; or under the rules of jus sanguinis, i.e. by birth abroad to a parent with Cuban nationality. It can also be granted to a permanent resident who has lived in the country for a given period of time through naturalization.
