The specially protected heir, a view from the Cuban legal system

Authors

  • Katherine de la Caridad García Romero Universidad de Ciego de Ávila, Ciego de Ávila, Ciego de Ávila, Cuba Author
  • Arlén Madrigal Henríquez Universidad de Ciego de Ávila, Ciego de Ávila, Ciego de Ávila, Cuba Author https://orcid.org/0000-0002-3194-4173

DOI:

https://doi.org/10.5281/zenodo.14890178

Keywords:

legitimate, succession, will

Abstract

This research addresses the doctrinal theoretical foundations of the figure of specially protected heirs, from the perspective of Civil Law. It is based on the criteria issued by national and foreign authors regarding the protection that exists for the figure of the specially protected heir, constituting a subspecies of what is known in other legal systems as legitimacy or forced heirs and being at the same time a brake on the freedom of will. Detecting at the same time the little legislative regulation that exists of this figure in several of the countries that make up the Central American region. The aim was to identify the existing deficiencies in the regulation of the figure of the specially protected heir in the Cuban legal system. The results obtained through this research are of a theoretical and practical nature, useful for both academics and legal operators. The theoretical methods used were historical-logical, analysis-synthesis and, as specific to legal research, comparative law, as empirical methods, non-participant observation and content analysis.

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Published

2024-07-15

Issue

Section

Artículos de Investigación

How to Cite

The specially protected heir, a view from the Cuban legal system. (2024). Revista Societas IURIS, 2(2), 108-124. https://doi.org/10.5281/zenodo.14890178