The Need for a Special Family Procedural Law for Cuba (IV and final).

A Special Family Procedural Law is needed for Cuba and not norms inserted in a general Code of Processes, because judges and family courts are obliged to make up for the deficiencies of the parties in their legal arguments.

It is up to families, through the socializing process, to provide the social order, the state political system, with the axiological cover that keeps it protected from convulsions and conflicts.

In families there is a systematic connection between the moral and the economic. They become a mission land, a support for civil society, to which families are integrated and, therefore, for the political system, inasmuch as families stand out as a primordial element of it.

At present, in spite of the so-called crisis of families in a postmodern world society, families tend to manifest themselves as a cohesive nucleus in the face of reasons such as the economic crisis being experienced at the planetary level, a neoliberal globalization that erases faces and identities, the current process of imperialist neo-colonialism undertaken against the peoples of the South who seek to emancipate themselves or strengthen their emancipation, all this makes children take refuge longer in the bosom of their families, which, although it does not force them to adhere to the values upheld by their elders, it does call them to maintain a family modus vivendi. Added to this are the ideas, in families, of achieving in their lives the success of long-term life projects, with shared responsibilities, with behavioral patterns of family unity.

Families continue to be an effective instance in the process of political socialization. The role assumed in the socialization process by other specialized instances, such as the school or the mass media, does not erode the influence of families in the ideological orientations of their members. This forces to reaffirm the decisive place that families have in the political systems of each of the countries of the world.

It is necessary a Special Procedural Law of Family for Cuba and not norms inserted in a general Code of Processes, because the judges and courts of the family are obliged to make up for the deficiencies of the parts in their approaches of right. Because in property, the application of the principle of iura novit curia, according to which the judge or court is the one who knows the law and who is responsible for deciding in each case what is the applicable law, is manifested perhaps as in no other process, but in the special family process.

There is prevalence of orality in the hearings in which the special family procedure is divided, and although there is no free will in the proposal of evidentiary means, given the condition of the Court as a hierarchically subordinate subject in the legal-procedural relationship of the family, the evidence proposed by the participants and those that could be agreed ex officio by the judges will have no other limitations than those that are contrary to morality, or that are dilatory, impertinent or inconsequential, or that are prohibited by law.

By virtue of this principle, the allegations of law made by the parties in the special family proceeding do not bind the judges, so that they, in any case, and despite the errors or omissions of the parties in citing the legal precepts, determine the applicable law.

Written by Dr Osvaldo Manuel Álvarez Torres.