El sistema de la legítima en el derecho cubano. Los herederos especialmente protegidos

The essay analyses the discipline of the so-called necessary succession in Cuban law, identifying its prerequisites and remedies, pointing out that the legitimacy is not, contrary to a widespread opinion, of a welfare nature. In Cuban law, the mere existence of a family relationship with the deceased (marriage, descent, ascendancy) is not sufficient for the attribution of the status of legitimary, as two important requirements must be met: inability to work and economic dependence. From this point of view, it seems to me that Cuban law should and could be taken as a model in other legislations, precisely in order to find an important new balance between the freedom to will and the rights reserved to heirs who are specially protected