The inscriptions made by declaration of the registered do not accredit a filial degree, the completion of the filiatory process before the People's Municipal Court must be indicated.
The practice of sharecropping does not generate rights for those who work the land.
In all cases where there is a difference in land extension, the Area Adjustment Resolution must be issued.
The adjudication of the inheritance in accordance with the provisions of article 32 is requested directly to the Minister of Agriculture, by the Provincial Delegate or Director and the President of the ANAP at that level so as not to delay the process; that is, if it is shown that an heir does not complete the term of 5 years of work, but that he is on the land before the death of the deceased, the adjudication by this precept must be submitted to the consideration of the Minister, a decision against which there is no appeal or procedure whatsoever, as it is the discretionary power of the aforementioned instance to grant or not this right. In this way, the Provincial Delegate or Director does not have to issue a resolution denying the right since it would originate an unnecessary appeal, against which review can be requested, in addition, if the provincial instance considers the possibility of awarding the inheritance by this precept, delaying the process is avoided.
When there is an heir who meets the requirement of working on the land, it is not possible to grant exceptionality to another family member, since we would be injuring the right of that one; that is, working 5 years before the death of the deceased, excludes the application of articles 32 and 23 to another relative of the deceased owner.
Article 23 is applicable to the relatives of the deceased who relate articles 20 and 21 and proceeds when there is no family member who meets the requirement of 5 years of permanent and stable work that regulates article 18 of Decree-Law No. 125/ 91, or that does not meet this period, but that may be creditor of the application of article 32, that is, it only proceeds when the UPA can be transferred to the state patrimony, therefore, this right is excluded by the application of articles 18 and 32.
If the request for the appeal is submitted outside the term of 30 calendar days, it is not admitted directly in accordance with the provisions of Resolution 853/03 of the Minister of Agriculture or the corresponding resolution will be issued by the Minister of Agriculture declaring NOT TO ADMIT such appeal, without knowing the merits of the matter, the same will be done in the case of submitting the aforementioned request by a person not legitimated for such purposes, (understood as a person not legitimated is one who does not have a relationship with the deceased , provided for in article 18 of Decree-Law No. 125/91).
The resolutions issued granting rights that constitute the discretionary power of the authority that issues them are firm as of the notification and there is no appeal or proceeding against them in judicial or administrative channels.
When in doubt about any procedure, the specialist of the higher instance should be consulted before deciding.
Notwithstanding what is stated in the related processes, if the parties propose the inclusion of any document, it will be incorporated into the File, provided that the legal opinion has not been concluded, at the national level the presentation of new evidence is not allowed.
The land will be inherited by the relatives who work it.
In conflict over land, the best right belongs to those who work it.
The land in usufruct is not transferable for any reason.
The usufruct is personal.
Whoever receives in usufruct the land left by a deceased lessor is not entitled to receive a pension and vice versa.
The working age in Cuba is 17 years, therefore minors under that age will not have the right to inherit the land.
Legal consultants may only represent natural persons accrediting the authorization issued by the Minister of Justice.
Witness statements are taken before a public official, those presented directly by the parties are dismissed.
The application of article 37 is without violating what is established in it regarding the term and the inadmissibility of the contested resolution, in addition, the pronouncement must be in the same sense as the plaintiff's claim.
The Legal Opinion must contain the date of the presentation of the appeal or procedure and the date of notification of the resolution that is being fought.
The body that accredits the filial degree or the civil status of natural persons is the Civil Registry, being mandatory that when it is not accredited, it is necessary to order the civil process to be carried out before the corresponding court.
The reversal of agricultural use areas for non-agricultural uses corresponds to state areas, and in favor of state entities, never in favor of natural persons, the construction of works other than housing or for the investment process is not authorized (see Resolution 363/ 93 of the Minister of Agriculture).
The declaration of non-agricultural interest to register the areas in the registry of land tenure is only for those who are not registered and must be very exceptional since the patios were legalized in 2002 and since the 1st of January 2004, according to CECM agreement 4793 dated May 20, 2003, all land with an area greater than 800 square meters had to be registered in the Land Tenure Registry.
The figure of the provisional administrator authorized by article 32 of Resolution 24/91, is to protect the possible heirs in the continuity of the work on the land while the adjudication concludes.
The second paragraph of article 29 of Decree-Law 125/91 establishes that the state will adopt the measures that are pertinent to provisionally guarantee the exploitation of the land that is temporarily abandoned.
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