Journal of Law, Justice & Public Governance (DJG)

DJG is an open access scholarly journal published by Presses universitaires de l’Institut Universitaire des Sciences (P‑IUS). Semi‑annual journal (2 issues per year). It publishes original peer‑reviewed research, thematic issues, and may also accept scholarly monographs and edited volumes.

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Legal understanding of placement in Haitian Positive Law

Authors

  • Kiria Despinos

DOI:

https://doi.org/10.66860/djg.v1.i1.20

Keywords:

legal order, family, positive law, placement, customary marriage, Haiti

Abstract

In Haiti, there is a survival of a customary fact that coexists with imported French law. Prospectively, the article tries to place itself in an evolutionary perspective of the family, because the Haitian legal order, between monism and dualism, nevertheless requires a unifying matrimonial pluralism. The family in Haiti is made up of the bonds of marriage, but from the birth of the country, an important form of common life practice existed, the veneer. Considered a "customary marriage" by some or a "concubinage" by others, this union is sometimes, along with marriage, the seat of pecuniary relations between two people. Also, this leads to an analysis of the impact of a matrimonial law and a fortiori of a property law that takes into account any form of life in a couple. Its integration into Haitian positive law requires going beyond the dual perspective and situating the placement as a legal category in its own right. It is to the legal understanding of plating that these lines will be dedicated

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Published

2026-02-28