In a significant update to Cuba's legal procedures, individuals choosing to marry in Cuba will no longer require witnesses to officiate their marriage in front of a notary.
This change was announced by the Ministry of Justice of the Republic (MINJUS) through their official Telegram channel, highlighting revisions in notarial processes following the implementation of the new Notary Law, effective since January 7th.
As reported by Cubadebate, these adjustments significantly affect personal and familial legal matters such as marriage, domestic partnerships, wills, and heir declarations.
The MINJUS states that these alterations in the authorization protocol for legal acts aim to streamline procedures and enhance their transparency.
Perhaps the most noteworthy change is the removal of the so-called "instrumental witnesses" when formalizing a marriage or drafting a will.
Now, the notary exclusively takes on the responsibility of confirming the parties' identities, legal capacities, and ensuring that their intentions are freely and consciously expressed, thereby simplifying the process.
Moreover, the new Notary Law mandates a formal prior publicity period for certain acts, including marriage, domestic partnerships, and heir declarations.
This means that, with the involved parties' consent, the notary must publish the full names of those involved and the intended procedure five business days before the act is conducted.
The publication will occur through official channels designated by the institution.
The purpose of this publicity period is to protect the legitimate rights of third parties. Thus, anyone who believes they may be adversely affected by the act can present a substantiated objection to the notary within this timeframe.
Examples include the potential emergence of an heir who was not previously located or the discovery of a previously unknown legal impediment.
Lastly, the Ministry of Justice advises citizens planning to undertake any of these procedures to consult the notary in advance to understand the new requirements and necessary documentation.
The institution emphasizes that the five-business-day publication period is an additional step that must be considered when planning the timing of legal formalization.
Understanding Cuba's New Notarial Law
What major change does the new Cuban Notary Law introduce in marriage procedures?
The new law eliminates the need for witnesses when formalizing a marriage before a notary, simplifying the process.
How does the prior publicity period protect third-party rights?
The publicity period allows individuals who might be affected by the legal act to file an objection within five business days, thus safeguarding their rights.
What responsibilities does the notary have under the new law?
The notary is responsible for verifying the identities and legal capacities of the parties involved and ensuring their intentions are expressed freely and consciously.