Radio Cadena Agramonte emisiora de Camagüey
Since the beginning of this year, Law 175 on Notaries, published in the Official Gazette of the Republic of Cuba, came into force. This regulation replaces the notarial legislation in effect since 1984 and responds to the need to harmonize the system with the country's new legal framework.
According to the Ministry of Justice, this law is composed of 277 articles, in addition to the 166 in its regulations. It is adapted to the nation's current context and demonstrates the agency's willingness to address the population's demands with the required quality.
In this sense, the new Law not only redefines the internal functions of the notary system but also aims to simplify procedures, reinforce the notary's professional responsibility, and make room for tools associated with the digitalization of services.
The agency itself reported that the main objective is to strengthen legal security and streamline processes without altering the essence of the regulated acts.
The regulation clarifies more precisely the scope of notarial public faith, delimits duties and responsibilities, and establishes control and supervision mechanisms in accordance with the role played by the notary system within the justice system.
In the case of marriage, Law 175 marks a shift towards more agile procedures with fewer external formalities, but with greater institutional responsibility.
ELIMINATION OF WITNESSES: A KEY CHANGE IN MARRIAGE
Regarding marriage, the most visible modification is the elimination of instrumental witnesses when the act is formalized before a notary.
Until now, their presence was part of the traditional protocol in this type of procedure and constituted an essential formal requirement for authorizing the act.
With the entry into force of the Law, the requirement disappears, and the responsibility for verifying the identity of the contracting parties, their legal capacity to marry, and the free expression of will falls exclusively on the notary, who acts as guarantor of public faith.
Therefore, this change does not imply a reduction in guarantees, but a reorganization of the procedure.
The notary must then ensure that there are no legal impediments, that both parties understand the legal scope of the bond they are entering into, and that their decision is expressed freely and consciously, thereby reinforcing their technical and ethical function.
PRIOR PUBLICITY TO PROTECT THIRD-PARTY RIGHTS
Another novelty is the incorporation of a five-business-day prior publicity period before the celebration of the marriage, provided there is consent from the parties.
During this period, the names of the future contracting parties and the type of act to be formalized are disclosed, under the terms established by the regulations.
The purpose of this mechanism is to protect possible third-party rights and allow that, if there is any legal impediment or substantiated claim, it can be presented before authorizing the marriage.
Therefore, it is a preventive tool that introduces greater transparency into the procedure and seeks to anticipate subsequent conflicts.
Likewise, prior publicity does not constitute an automatic obligation in all cases, but a possibility provided for by law under certain conditions. Thus, it balances the necessary protection of rights with respect for the personal sphere of those who decide to formalize their union.
WHAT REMAINS INTACT?
Despite these adjustments, Law 175 does not modify the substantive requirements of marriage established in the Family Code.
Conditions relating to minimum age, impediments, consent, and grounds for nullity continue to be regulated by that legislation, approved after a broad process of popular consultation.
In practice, the changes focus on how the act is processed and authorized before a notary, not on its essential legal content. Therefore, marriage maintains its definition, its effects, and its framework of rights and duties as provided for in current family legislation. (Text and photo: Granma Digital)
