The legal system of Haiti
A French civil-law system: the Code civil of 1825 and Code de commerce of 1826 were modelled directly on the Napoleonic codes and much of that text remains in force, making Haitian private law among the least revised in the Americas. Both French and Haitian Creole are official, but statutes and judgments are predominantly in French, which is a practical access-to-justice barrier. The constitutional order is severely disrupted: there has been no sitting legislature since January 2020 and no elected President since the assassination of Jovenel Moïse in July 2021, with executive authority exercised by a Transitional Presidential Council established in April 2024.
Legal tradition
Haiti belongs to the civil law tradition. A French civil-law system: the Code civil of 1825 and Code de commerce of 1826 were modelled directly on the Napoleonic codes and much of that text remains in force, making Haitian private law among the least revised in the Americas. Both French and Haitian Creole are official, but statutes and judgments are predominantly in French, which is a practical access-to-justice barrier. The constitutional order is severely disrupted: there has been no sitting legislature since January 2020 and no elected President since the assassination of Jovenel Moïse in July 2021, with executive authority exercised by a Transitional Presidential Council established in April 2024.
How power is divided
Unitary with constitutionally recognised decentralisation to 10 departments, arrondissements and communes, and to the communal section as the smallest territorial unit. In practice the elected local bodies are largely unfilled and replaced by appointed interim commissions.
Where law comes from
- Constitution and ratified treaties
- Article 276-2 gives ratified treaties precedence over domestic law.
- Napoleonic codes
- Code civil 1825 and Code de commerce 1826, still largely in force.
- Lois and décrets
- Statutes where a legislature sits; decrees during the current transitional period.
- Doctrine and French jurisprudence
- Persuasive, given the shared codal ancestry.
The legal profession
Advocates are admitted to one of the departmental bars (Ordre des avocats), most prominently the Port-au-Prince bar, after a law degree and a period of pupillage. Notaries hold a separate public office with exclusive competence over authentic acts including land transfers, which matters greatly given widespread informality in land title.
Law by topic in Haiti
- Constitutional Law1987 Constitution, amended 2011, under prolonged transitional governanceThe Constitution of 1987, adopted after the fall of the Duvalier regime and amended in 2011, provides for a semi-presidential system with a President, a Prime Minister and a bicameral legislature. Since January 2020 Parliament has not functioned for want of elections, and following the assassination of President Moïse in July 2021 governance has run through transitional arrangements, including the Conseil Présidentiel de Transition established in 2024. The Conseil Constitutionnel provided for in the 2011 amendments has never been fully constituted.
- Business & Corporate1826 Code de commerce with a 2017 investment frameworkCommercial law rests on the Code de commerce of 1826, of French origin and only partially modernised, under which the société anonyme and the société à responsabilité limitée are the principal forms. Registration is with the Ministère du Commerce et de l'Industrie, and a NIF taxpayer number is obtained from the Direction Générale des Impôts. The Investment Code and the Centre de Facilitation des Investissements provide incentives and a single window, and free zones operate under their own law.
- Immigration & NationalityImmigration and emigration decree of 1978 with residence permitsEntry and residence are governed by the Décret sur l'immigration et l'émigration of 1978 and administered by the Direction de l'Immigration et de l'Émigration under the Ministère de l'Intérieur. Most nationalities may enter for a short stay on payment of a tourist fee, with longer stays requiring a residence permit, and foreign workers need authorisation linked to their employer. The 2012 constitutional amendments permit dual nationality, reversing the previous rule that acquiring another nationality forfeited Haitian citizenship.
- Tax LawIncome tax and TCA administered by the Direction Générale des ImpôtsThe principal taxes are the impôt sur le revenu on individuals and companies and the taxe sur le chiffre d'affaires, a turnover tax that functions as Haiti's main indirect tax at a standard rate of 10 per cent. The Direction Générale des Impôts administers collection, and customs duties collected by the Administration Générale des Douanes are a major revenue source. The tax base is narrow and a large informal sector sits outside the system.
- Family LawCode civil family law with the 2005 decree on plaçage childrenMarriage, filiation and succession are governed by the Code civil of 1825 as amended, with divorce available on fault grounds and by mutual consent. A 2005 decree removed the discriminatory distinction between legitimate and natural children for succession purposes, which mattered greatly in a society where plaçage, informal conjugal union, is common. Domestic violence and sexual offences were addressed by a 2005 decree that reclassified rape as a crime against the person rather than an offence against morals.
- Civil ProcedureCode de procédure civile of 1825 with cassation reviewCivil procedure follows the Code de procédure civile of 1825, French in origin and formal in character, with proceedings commenced by assignation served by a huissier. First instance jurisdiction is divided between the Tribunaux de paix for small claims and the Tribunaux de première instance, with appeals to the Cour d'appel and review on points of law by the Cour de cassation. Access to justice is constrained by geography, cost and the limited number of functioning courts.
- Property & LandCode civil of 1825 with deeds registration and pervasive title insecurityProperty law follows the Code civil of 1825, closely modelled on the French code, with transfers effected by notarial deed and recorded at the Direction Générale des Impôts, which holds the registry function. There is no comprehensive cadastre covering the country, and overlapping claims, unregistered inheritances and informal occupation are widespread. Foreign nationals face limits on the size of land they may hold and require authorisation for larger acquisitions.
- Criminal Law1835 Code pénal, with a 2020 replacement decree still suspendedThe operative substantive law remains the Code pénal of 1835 and the Code d'instruction criminelle of 1835, both of French origin. Decrees published in June 2020 would have replaced both with a modern penal code and code of criminal procedure, but their entry into force was postponed and their legitimacy was contested because they were issued without a functioning Parliament. Prosecutions are brought by the Commissaire du Gouvernement, and the juge d'instruction investigates serious offences.
- Employment & LabourCode du travail of 1961, substantially revised in 2017The Code du travail dates from 1961 and was significantly amended by a law published in 2017, which revised working time, overtime, leave and termination provisions and strengthened protection against discrimination. The Direction du Travail within the Ministère des Affaires Sociales et du Travail conciliates disputes, and the Tribunal du Travail adjudicates. Minimum wages are set by sector, with the garment industry, which supplies the HOPE and HELP trade preferences, subject to its own rate.
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