THE COMMON ELEMENTS IN THE MULTIFAMILY BUILDINGS IN CUBA. THEORY, PRACTICE AND LEGISLATION

Abstract

One of the sharpest controversy in connection with this topic deals with the true judicial nature of the so called «Horizontal Property» in Cuba. It is debatable if in Cuba it is necessary the constituent title in the «De Facto Horizontal Property», or through which judicial instrument she/he should consent to the Real Estate Property Registration Office. It is also necessary to elucidate the polemic questions within the doctrine and in the analysis of the prevailing legislation in regard to the rights of the holders regarding the common elements and the differences with the exclusive ones in the judicial rules for a worthy performance. The topic is important and indispensable for jurists as well as for architects in practice in order to achieve a sustainable urban development.