Necessity of a Special Family Procedural Law for Cuba (I).

And it is worth asking: has the juridical nature of the Law been lost? Has the Law aged, has the Law fallen behind in relation to other social sciences?

After years in the arduous task of achieving in Ibero-America, even more, in the Latin American, Central American and Caribbean peoples, Family Procedural Laws or Codes, in some (El Salvador, Argentina, Nicaragua, Chile, Bolivia), achieved; in others (Costa Rica), with a very modern Family Procedural Code put into effect and for others (Cuba), a chimerical idea that had the resolute support of the judges by dictating, in 2012, a Jurisdictional Instruction that introduced special family procedural rules, a new space was opened, the unifying, integrating idea emerged of establishing a Model or Type Code of Family Procedural Law, which is the route to establish Procedural Codes or Special Family Procedural Laws in each country, but with a general pattern to continue.

It should be pointed out that the purpose of a «Model Code» is to serve, as the Bustamante Code did in its day in the field of Private International Law, as a basis for future procedural reforms in Latin America. It is not a text that has the pretension of prevailing in any country in an effective way, but only to serve as a ‘model’ (or ‘type’) to contribute to the best work of the reforms of the justice service, which are practically projected today by the countries of the area.

At present, rather than discussing: is it necessary to have a Model or Type Code in a discipline such as Family Procedural Law, an instrument for the realization of the most human, broad and supportive of all rights, such as Substantive Family Law? Has the time come to take this path and bring this idea to a successful conclusion?

In the magnificent thought of constructing a ‘Model or Type Code’ of family processes, it cannot be overlooked that Science is built from interrelation. Today, Science must be done from diversity, from inclusion, from integration, but real Science! Many actions, few speeches, that is what is needed at this time! And it is worth asking: has the juridical nature of Law been lost? Has Law aged, has Law fallen behind in relation to other social sciences?

It is necessary to drink, yes, from foreign theories, sometimes strange theories, to weigh them, to compare them, without disdaining our own theories, those that arise from the natural intelligence of these peoples of a South that defends diversity, but with the respect due to inclusion, integration, the solidary globalization of affections, emancipation.

Written by Dr. Osvaldo Manuel  Álvarez Torres.