Cuba Transition Project: Expropriated Properties in a Post-Castro Cuba: Two Views. Property Rights in the Post-Castro Cuban Constitution, and Alternative Recommendations for Dealing with Confiscated Property in Post-Castro Cuba

摘要

Among the many important reforms undertaken by nations in transition from communism to democracy are market reforms. The shift from a state controlled economy to a market economy requires the re-institution of private property rights and the creation of an environment of stability and predictability with regard to those rights. In many transition countries, the re-institution of property rights and the creation of a legal framework supporting those rights have been accompanied by laws attempting to address the claims of persons or entities whose properties were wrongly expropriated without compensation. During transition, Cuba will likely also re-establish the right to own private property as part of a broader plan of market reforms. Along with these reforms, and because of the importance of giving finality to any resolution of these claims, Cuba will also develop a program to address claims of corporations or individuals, both foreign and domestic, whose properties were expropriated or confiscated by the Castro government.