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Revista IUS
Print version ISSN 1870-2147
Abstract
ENRIQUEZ SORDO, Jorge. The Ars Notariae as an alternative to protect the right of disposition over the dead body. Rev. IUS [online]. 2015, vol.9, n.36, pp.203-233. ISSN 1870-2147.
The aim of this paper is to reflect on the importance of the notarial function as an alternative to the deficient or lack of protection to the right of disposal over the corpse in the substantive scope of due civil process in Cuba.
It analyzes the achievements and shortcomings of the current regulations of these rights,, and closes with the valuation of the important activity that can be performed by the notary. It is through his main functions (as confidant and providing pre-constitutional verification), and his related functions (advisor, Council and preventive hygiene), in the interest of avoiding future litigation that civil rights can be somewhat protected. Hopefully the legal topic of study will be undertaken in a more comprehensive manner, insofar as to propose how they can modify the legislation in force.
Keywords : Right of disposal over the dead body; civil protection; civil process; notarial function; precautionary measures.