In the last years, the Chamber on Civil and Administrative Matters of the People?s Supreme Court, construing inmobiliary law to protect childrens rights, has propitia-ted the transmission of ownership on personal property homes to them, even when children are heirs or legataires not occupying the house at the moment of the owners death; all this under the idea by which lack of legal capacity in minors, patria potestas and tutorship they are all submitted to forbid them to freely determine the place of residence, therefore, the phisycal occupation of the home. This position has also been assumed by the Direction of Civil Registers and Notaries in cases where the heir child not occupying the home has the consent of those heirs actually occupying it.

Predictability by the testator clauses generic protection of legitimate, which provides the possibility that come upon heirs specially protected after the granting of the will, formulated in terms of general scope entails deemed not preterida daughter is looming testator minor, economically dependent on his father, both at the time of the granting of the will as to the death of that, while it is understood that, although not expressly mentioned, falls in clause generic recognition of legitimarios future, and consequently attributed half of what by legitimate due.

Señala que las personas discapacitadas deben gozar de sus derechos humanos y libertades fundamentales en términos iguales con otros en la sociedad, sin discriminación de ningún tipo.

In the last two years the foundations of Cuban civil and real estate legislation have moved,with special emphasis in what regards to the transmission of estate, whether because ofinter vivos or mortis causa acts. In this last order, the change brought about favors heirs, incorrespondence with the constitutional tutelage which the right to inheritance has in Cuba.In such way, the exaggerated tuition of cohabitants has been left behind opening the doorto a Law which accommodates to the compasses of the succession norms regulated by theCivil Code.