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A guide to the law and legal literature of Cuba, the Dominican Republic and Haiti. Bishop, Crawford M Crawford Morrisonb. Library of Congress Place of Publication: Master and use copy. Digital Library Federation, December Bishop and Anyda Marchant. Title from PDF t. Record Civi Source Institution: Columbia Law Library Holding Location: Columbia Law Library Rights Management: All applicable rights reserved by the source institution and holding location.

B57 System ID: This item is only available as the following downloads: Preface HIE present monograph is the third in the Latin American series being issued by the Library of Congress and the first in the present series of guides to comenfado law and legal literature of the Latin American republics to be issued by the Law Library.

It has been compiled by Dr. Bishop, director of the Center of Inter-American Proedimiento Studies, and his assistant, Miss Anyda Marchant The Center is’ a project in the program for cooperation with the Latin American republics now being carried out by the Department of State, in which the Library of Congress is taking part.

Material for these guides has cvil collected in the Law Library of Congress, in other libraries in the United States that maintain Latin American collections and in the countries represented. It is one of the purposes of the Center to provide guides to the law and legal literature of Ecuador, Mexico, Paraguay, Bolivia, Peru, Uruguay and Venezuela.

Thanks are due to Dr. Emilio Menendez Men6ndez for his chapter on the philosophy of law in the guide for Cuba pprocedimiento to Dr.

Gordon Ireland for reading the coomentado and making many useful suggestions that procedkmiento been incorporated into the Cuban guide. Acknowledgment is also made to Mrs. Helen Lord Clagett of the Law Library staff for reading the manuscript and indicating a number of improvements, and to Dr. Elio Gianturco, also of the Law Library staff, for several suggestions, especially in regard to the sections on criminal and labor law.

The Center is greatly indebted to M. Abel L6ger, one of Haiti’s most distinguished jurists, and to Dr.

A guide to the law and legal literature of Cuba, the Dominican Republic and Haiti

Clovis Kernisan for their aid in compiling the guide for Haiti; and to Lic. Julio Ortega Frier and Dr. Bonilla Atiles for suggestions and notes concerning the guide for the Dominican Republic. Thanks are due to Mr. Lippitt for reading both manuscripts and giving the Center the benefit of his expert knowledge of Dominican and Haitian affairs.

The death of Dr.

Vance, the late Law Librarian, on the eve of publication has made it impossible for this opening volume to carry the foreword that he had intended to prepare. The Center was Dr. Vance’s conception and the publication of this series of guides the u tion of his lifelong efforts to forward Inter-American relations.

Code of civil procedure: Code of criminal procedure: The eight-hour day and paid vacations.

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peocedimiento Conciliation and arbitration of labor disputes Administrative bureaus Employment agencies Texts and literature. Nationality and naturalization Military law. Forests and public laws. Patents and trade-marks Public finance: Railways and communications Education. International relations of the U. PAGE The Spanish code of Criminal Procedure of was put into force in Cuba, with modifications in The Code of Commerce that took effect in Spain on Jan. Spanish sovereignty over Cuba was relinquished under the terms of the Treaty of Paris of Dec.

A convention which assembled on Nov. To the same effect was the transitory proxedimiento seven of the Constitution cigil The relations between Cuba and the United Cconcordado were governed by the Platt Amendment to the army appropriation bill of March 2,which the Constitutional Convention made a part of the Cuban Con- stitution of The Platt Amendment was superseded on May 29, by a new treaty with the United States, which, however, confirmed existing rights of the United States in the naval station at GuantAnamo, and the acts of the United States during the military occupation of the Island up to May 20, In and new constitutions were adopted, but the codes then in force were maintained.

A new penal code was promulgated in but did not go into effect until Oct. By Order of Oct. State EstadoSGaceta de Madrid.

Subtitles of later years vary: Colecci6n de las leyes decretadas por las cortes Ed. By article of the Constitution ofeffective Oct. By the Executive Decree of Procdeimiento. Since Puerto Rico, like Cuba, constituted one concodado the Spanish overseas provinces prior tomany of the codes and laws governing that island were the same as those in force in Cuba.

Works dealing with these branches of the law of Puerto Rico may also be consulted in investigating the law of Cuba prior to The Cubans are with reason proud of their judiciary.

This is due to the gifts of character and ability which the individuals who compose the courts have; for the codes, procedure and the body proceximiento laws are not adaptable to the form of the Government, nor to the existing social and commercial conditions. The courts in Cuba have to struggle with a great number of laws, the most complicated that exist in the world.

Comparative Civil Procedure: A Guide to Primary and Secondary Sources – GlobaLex

The laws of Cuba consist of some that had their origin in the Spanish Peninsula where they were promulgated and afterwards extended to Cuba, and later codiggo and modified by innumerable royal decrees, to which were added those of the Spanish Military and Civil Governors, pro- mulgated in many cases with reference to special or urgent matters; the latter in turn were supplemented by Orders of the Military Government established by the United States; the constitution of the republic making them still more complicated by providing that the former laws should ‘In the Bibliographies of Foreign Law Series No.

Digesto civil de Puerto Rico, by Jos6 R. Gelpi; Recursos gubernativos by Pablo Berga, and Jurisprudencia hipotecaria by Antonio Pomales, digests of decisions in matters affecting the Mortgage Law and its regulations, covering vols. Finally, the President of the republic promulgated numerous decrees having the force and effect of laws, and, during the last concordzdo, the Provisional Governor has exercised legislative authority in numerous cases. II ; on tariff and customs laws Chap.

IX ; educational laws and regulations Chap. XIV ; patents and trade-marks Chap.

XV ; and a bibliography. In the latter, which was compiled by A. Griffin of the Library of Congress, the works are listed alphabet- ically by authors. There is also a list of articles in periodicals, arranged chronologicallyand of United States Government documents pertaining to Cuba, arranged chronologically.

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The appendix contains the constitution in English. In Mariano Aramburo y Machado published a volume of critical essays on law and international relations. Valverde y Maruri, professor in the Escuela de Comercio of Havana, published in a collection of essays.

A collection of the speeches and writings of Jos6 A. GonzAlez Lanuza in the House of Representatives, with his biography, was published after his death. This collection contains essays on legal and constitutional questions, as well as ptocedimiento, social and political subjects. One of the addresses relates to the naming of a Commission in March, to study the matter of a new Criminal Code and Code of Criminal Procedure.

InSantiago Gutierrez de Celis published a collection of articles. Lanuza en la Camara de Representantes, precididos de su biografia. There is a general index under the above branches of law and an alphabetical index by subject-matter. In the “Report of the Commission on Cuban Affairs” entitled Problems of the New Cuba published by the Foreign Policy Association inthere procedimienyo cited many laws and decrees of the Cuban Cicil, par- ticularly with reference to labor and social legislation.

Morales Coello, professor in the University of Havana, published in a text on legal medicine in connection with his course on legal anthropology. Rodriguez Herrera, author of the Enciclopedia cubana juridico- administrativa prepared in a dictionary of legal terms.

Up until then, all that existed in this field were chairs devoted to the study of philosophy in the convents, where teachers of little note merely commented on Aristotle’s text.

Caballero, influenced by Procedimento and coming to Cuba rather late, began to profess philosophy free from the set patterns of Scholasticism and to attempt modes of thought different from the stereotyped ones established by religious routine. Subsequently, on a higher level than Caballero and initiating a new era ,in the teaching of philosophical disciplines in Cuba, F61ix Varela y Morales, a priest who had been a student of Caballero, began under the protection holiviano Bishop Espada, of grateful memory to us to deliver his Lecciones de filisofia 11 in the early years of the 19th century, with a fundamentally rationalistic orientation.

Varela likewise prepared the way for the reform of the study of philosophy in the Seminary of San Carlos, to which he belonged and which he made illustrious by his teaching.

Morales Coello, Julio, Medicina legal y psiquitria forense. Varela y Morales, Felix: Habana, “La Ver6nica,” This was the origin of the persecutions, which he underwent later because of his opposition to the Spanish colonial regime in Cuba.

However, Varela did not have a philosophy of law properly so called. The earliest stirring in this field and the first systematization of its subject-matter began with the publication in of Calixto Bernal’s Teoria de la autoridad,12 a book which, like all those of the period, was influenced by jusnaturalistic doctrine, but which, nevertheless, had traces of original ideas that make it possible for us to consider Bernal, in AzcArate’s opinion, a precursor of Kelsen.