Some reflections on the testamentary commonwealth and testamentary power as testatory mechanisms in the Cuban Civil Code.

Abstract

Traditional stigmas have attached to testamentary commonwealth and testamentary power, since their implementation violates aspects of testamentary law recognized in the doctrine as fundamental: on the one hand, the highly personal character of testation and on the other, the prohibition of joint testation. In this context, we reflect on the utility of these legal mechanisms, and the advantages that they provide in legal systems where they are allowed, along with the risks that their use generates for testators and for legal safety in general. Emphasis is placed on exegesis of Cuban legislation and its implications for notarial practice. In conclusion, alternatives are proposed that reduce the risks involved in their use and promote a greater autonomy for people to express their will in matters affecting their legacy.