The Cuban Council of State has enacted Decree-Law 130, introducing amendments to four articles of Law 59, the "Civil Code" of 1987, specifically focusing on real rights of usufruct and surface rights. This decree was published in the Official Gazette No. 74 Ordinary of 2026 on Thursday.
Signed in Havana on July 28, 2026, by Juan Esteban Lazo Hernández, president of the National Assembly of People's Power, the new regulation affects articles 208, 215, 218, and 222 of the Civil Code. It is set to take effect seven days after its publication, around September 10.
Key Changes in Usufruct Rights
The most notable amendment is to Article 215, which extends the maximum duration of usufruct granted to legal entities from 25 years to 99 years, with the possibility of renewal for an equivalent period.
Under the approved text, "usufruct is granted to legal entities for a term of up to ninety-nine years, renewable for the same duration upon request by the rights holder, made within two years prior to expiration."
The same article states that "land is granted in usufruct to legal entities for an indefinite period," and it allows for extensions up to the maximum term if requested by the usufructuary before expiry.
Adjustments in Surface Rights
Article 208 explicitly incorporates that "the real right of usufruct can be granted free of charge or for consideration," a specification absent in the previous text, and stipulates that the rights and obligations of the usufructuary are determined by the constitutive title.
Regarding surface rights, Article 218 expands the ability to grant them beyond the state: "owners of vacant lots can grant surface rights for housing construction or other buildings."
Additionally, Article 222 states, "the state can also grant state-owned land in perpetual surface rights through payment of the corresponding price."
Repeals and Justifications
The decree also repeals Articles 470 and 473 of the Civil Code, which penalized Cuban emigrants in matters of inheritance by declaring them incapable of inheriting due to "permanent abandonment of the country" and transferring the corresponding hereditary portion to the state.
As a complementary measure, the Second Final Provision requires the Minister of Justice to publish an updated, revised, and harmonized version of Law 59 within 30 working days of its enactment.
The Council of State justifies these reforms within the framework of the "approved Economic and Social Transformations," which "advise the modification of certain regulations regarding usufruct and surface rights in the interest of national development," exercising its exceptional power recognized by Article 263 of Law 131 of 2019 to amend current laws.
The Cuban Civil Code was initially approved on July 16, 1987, and was previously amended by Decree-Law 358 of 2018, regarding idle state lands, and by Law 156, the "Family Code" of 2022.
Understanding the Amendments to Cuba's Civil Code
What is the significance of extending the usufruct period to 99 years?
Extending the usufruct period to 99 years provides legal entities with long-term security and stability, encouraging investment and development projects.
How does the amendment to surface rights impact property owners?
The amendment empowers property owners by allowing them to grant surface rights for construction, potentially increasing the utility and value of their vacant land.
Why were Articles 470 and 473 of the Civil Code repealed?
These articles were repealed to eliminate penalties on Cuban emigrants concerning inheritance rights, aligning with broader economic and social reforms.