Abstract

ESTRADA JIMENEZ, Leonor de los Dolores; MARTINEZ, Martha  and  RODRIGUEZ SAIF, María Julia. The Urban Demarcation as a Mechanism for the Protection of Cuban Real Estate Heritage. Opin. jurid. [online]. 2022, vol.21, n.45, e18.  Epub June 14, 2024. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n45a18.

The doctrinal and legal treatment of urban demarcation in Cuba is defective and generates insecurity in the protection of the real legal relationship. The substantive law in force enables the exercise of this right by the owners by agreement; however, the authorization of the demarcation is a faculty pertaining to the Administration, persisting the disempowerment of the holder. The objective of the article is to theoretically and normatively base the urban real estate demarcation in Cuba for the achievement of an adequate protection of the real estate relationship and its legal traffic. The research methods used are analysis-synthesis and inductive-deductive, comparative legal analysis, hermeneutic, legal exegetical and indirect scientific observation. The theoretical-legal construction of the urban real estate demarcation will constitute a support for the improvement, interpretation, and application in the national law of this civil legal institution, thus replacing the deficiencies in the framework of the protection of the real estate legal relationship, in order to offer greater security in legal traffic. The determination of the boundaries of the contiguous estates can be carried out by private agreement, which must be made public before a notary as a notarized business, which encourages the rectification of property titles and their registration.

Keywords : urban demarcation; exclusion power; proprietary rights; notarized business; legal security.

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