CASE LAW AS A FORMAL SOURCE OF LAW IN CUBA

Abstract

Sources of law are subject to constant consideration in the field of legal doctrine. Within it, the value of case law is controversial, especially in the continental system and particularly in the Cuban legal system. This article focuses on substantiating the formality of case law, including its mandatory nature, which would significantly contribute to the uniformity of judicial activity and legal security. To achieve this objective, certain conditions are listed—called formally valid—, in the context of the justification of domestic law, as possible references for necessary regulatory and court modifications that lead to the effective recognition of case law as a source. Main results are presented in this regard. The analysis was carried out using the synthesis, historical and comparative methods, as well as expert consultation.