Haiti

VI. Some Offenses Relating to the Keeping of Civil Status

Art. 154. When, for the validity of a marriage, the law prescribes the consent of the father, mother or others persons, and that the registrar has not ensured the existence of this consent, he will be punished a fine of sixteen gourdes to sixty-four gourdes, and imprisonment of six months to one month and one year at most – C. civ. 72, 74, 136 to 138, 168.- C. pen. 9-1 °, 10, 26 et seq., 36, 153, 155, 156.

Art. 155. The registrar will also be punished with a fine of sixteen gourdes to sixty-four gourdes, when he will have received, before the term prescribed by article 213 of the Civil Code, the marriage certificate of a woman who has already been married – C. civ. 174.- C. pen. 10, 26 et seq., 36, 153, 154, 160, 288

Art. 156. The penalties given in the previous articles against civil status officers will be applied to them, even when the invalidity of their acts has not been requested or has been covered; all without prejudice stronger penalties imposed in the event of collusion, and without prejudice also to other provisions criminal law of Law No. 6 of the Civil Code on marriage. 144, 145, 178, 179.- C. pen. 44 and following

Penal Code – English (PDF)

Article 1.1 Definitions

For the purposes of this Act:

1.1.1 “Trafficking in persons” means the recruitment, transport, harboring or receipt of persons, through the threat of use or use of force or other forms of coercion, by removal Fraud, fraud by abuse of authority or a situation of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person having authority over another to Purposes.

Exploitation shall include, as a minimum, forced labor or servitude, exploitation of the prostitution of others or procuring, pornography or other forms of sexual exploitation, forced marriage or exploitation, Forced begging, removal of organs or tissues and adoption for purposes of exploitation as defined in this Act.

Any consent given by a person under the conditions listed above, resulting in the abovementioned exploitations, shall never be valid when any of the means set out in the first paragraph has been used.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation is considered a “trafficking in persons” even though None of the means set out in the first subparagraph.

…

1.1.12 The term “coercion” is understood as a threat to cause serious harm to another person or to physical or psychological constraint; Or any maneuver or plan intended to cause a person to believe that it or any other person would be seriously prejudiced or exposed to physical compulsion in the event of failure to perform an act.

1.1.13 The term “servitude” is the state of submission or condition of dependence of a person unlawfully forced or coerced by a person to provide a service to the person or to another person and who has no other Alternative to providing said service. The servitude may also include domestic services.

…

Article 11

Everyone convicted of trafficking in persons as defined in Article 1.1 commits a crime and is liable to imprisonment for seven (7) to fifteen (15) years and a fine of two hundred thousand (200,000) Gourdes to one million five hundred thousand (1,500,000) gourdes.

Art. 133. The man before the age of eighteen, the woman before the age of fifteen, cannot contract marriage.

However, the President of Haiti may grant age exemptions for serious reasons.

Civ., 150, 170, 1184.

Art. 134. There is no marriage, when there is no consent. – Civ., 165, 182, 187, 188, 904, 907.

Art. 139.- Sons having reached the age of 18 and daughters that of 18 years, can contract marriage without requiring the consent of their ascendants.

Thus modified by article 16 of the law of October 8, 1982.

Art. 136. A son who has not reached the age of twenty-five and a daughter who has not reached the age of twenty-one cannot marry without the consent of their father and mother. In case of disagreement, the father’s consent is sufficient. – Civ., 72, 144, 146 et · s., 168 et s., 398. – Pen., 154, 156.

Art. 137. If one of the two is dead, or if he is in the impossibility of manifesting one’s will, the one of the other is enough. – Civ., 143 et s., 168, 420.

Art. 138. If the father and mother are dead, or if they are unable to manifest their will, the grandfathers and grandmothers replace them; if there is disagreement between the grandfather and the grandmother of the same line, consent is sufficient of the grandfather; in the event of disagreement between two lines, this sharing will carry consent. – Ci’IJ., 131, 132, 168, 411.

Art. 139. Children of families having reached the age of majority fixed by article 136, are required, before contracting marriage, to ask, by a respectful act and formal, the consent of their father and mother, or that of their ancestors and grandmothers, when their father and mother are deceased, or unable to manifest their will. – Cfo., 136, 145, 168.

Art. 140. In the absence of consent on an act res mod pectuous, this act will be repeated two more times, from (i) month to month; and a month after the third act, he may be overridden by the celebration of the marriage. Civ., 73, 147, 155, 168.

Art. 141. After the age of thirty for the son, and twenty-five years for the girl, he may be in default of consent to a respectful act, disregarded, a months later, at the wedding celebration.

Art. 142. The act of respect will be notified to the fathers and mother, or, failing that, the grandparents, in pairs notaries or by a notary and two witnesses; and, in the minutes to be drawn up shall be mentioned of the answer. – Civ. 139. Act of August 8, 1877, on the notary (appendix).

Art. 143. In the absence of the ascendant to which he would have due to the respectful act being done, it will be disregarded to the celebration of marriage, representing judgment which would have been rendered to declare the absence, or, failing that of that judgment, the one who ordered the investigation, or, if there has not yet been a judgment, an act of notoriety.

The act of notoriety will be drawn up by the justice of the peace of the place where the ascendant had his last known domicile. Cet act will contain the statement of four witnesses called ex officio by the justice of the peace. – Civ., 38, 70 et s., 103, 130.

Art. 144. Civil registrars who allegedly proceeded to the celebration of marriages contracted by sons not having attained the age of twenty-five years of age, or by girls under the age of twenty-one, without the consent of the father and mother, that grandparents, and that of the family council, in where required, be set out in the deed of marriage, will, at the diligence of interested parties and from the government commissioner to the civil court of the place where the marriage was celebrated, condemned to the fine imposed by section 178, and, in addition, to imprisonment the duration of which may not be less than six months. – Civ., 72, 75, 168. – Pén., 154, 156.

Art. 145. When there have been no respectful acts, in cases where they are prescribed, the registrar who would have celebrated the marriage will be condemned to the same fine, and imprisonment which cannot be less than a month. – Civ., 73, 129. – Pen., 154, 156.

Art. 146. If there is neither father nor mother, neither ancestors nor grandfather of them, or if they are unable to manifest their will, the minor sons and daughters of twenty-one years old, cannot enter into marriage consent of the family council. – Goose., 155, 160, 336 ets.

Art. 147. The provisions of this chapter are mod applicable to natural children also recognized. (1) – Civ., 305 and s.

Art. 148. The natural child who has not been recognized may, before the age of twenty-one, marry that after obtaining the consent of the council of family. – Civ. 337.

Art. 158. The right to oppose the celebration of marriage, belongs to the person engaged by marriage with one of the two contracting parties. – Civ., 66, 135.

Art. 159. The father, and in the absence of the father, the mother, and defect of the father and the mother, the grandfathers and grandmothers, can oppose the marriage of their children and descendants, although these have reached the age of majority set by Article 136 (1). – Civ., 66.

Art 160. In the absence of ascendant, the brother and the sister, uncle or aunt, first cousin or cousin, adults, can only oppose marriage in the following two cases: When the consent of the family council, required by section 156, has not been obtained.

2nd When the opposition is based on the state of dementia of the future husband: this opposition, of which the court civilians will be able to pronounce hand-raising outright, will never be received except at the expense, by the opponent, of cause the ban, and have it ruled in the deadline which will be fixed by the judgment. – Civ., 399. –

Art. 161. In the two cases provided for in the preceding article, tooth, the tutor or curator may not, during the period guardianship or guardianship, form opposition to marriage, as long as it has been authorized by a council of family he can summon. – Civ., 336 and s., 378. – Pr., ‘774.

Art. 162. Any notice of opposition will state the quality which gives the opponent the right to form it; it will contain election of domicile in the place where the marriage should be celebrated; he must also (unless he either made at the request of an ascendant) contain the reasons of the opposition the whole on pain of nullity, and of the prohibition of the ministerial officer who would have signed the act containing opposition. – Civ., 66 and s.

Art. 164. – If the opposition is rejected, the opponents, others, however, than the ascendants, may be ordered to pay damages. Civ., 939,-Pr. 448 and s. ,

Art. 165. Marriage that was contracted without consent free of both spouses, or of one of them, can be attacked only by the spouses, or by that of the two whose consent was not free. – Civ., 134, 155, 185, 904 and s. – Pen., 300.

Art. 167. In the case of the preceding articles, the

(1). request for invalidity is no longer admissible, every time that there was continued cohabitation for three months, since the husband has acquired his full freedom, or the error was recognized by him. – Civ., 171, 1123.

Art. 168. Marriage contracted without consent father and mother, ascendants or council of family, in cases where this consent was necessary, can only be attacked by those whose consent was required, or by whichever of the spouses needed that consent. – Civ., 136, 146, 187.188.

Art. 169. The action for nullity can no longer be brought, neither by the spouses nor by the parents giving the consent was required, whenever marriage was expressly or tacitly approved by those whose consent was required, or when it has elapsed a year without complaint from them, since they had knowledge of the marriage. It cannot be brought by the husband, when a year has passed without claim on his part, since he reached the competent age to consent to marriage on his own.

Art. 170. Any marriage contracted in contravention provisions contained in Articles 133, 135, 149 and 150, can be attacked, either by the spouses themselves, or by all those who have an interest in it, or by the ministry public. – Civ., 5, 7, 128, 187, 188. – Pen., 300 to 303.

Art. 171. Nevertheless, marriage, contracted by spouses who were not yet of the required age, or whose one of the two had not reached this age, can no longer to be attacked:

10 When six months have passed since this husband or wife have reached the competent age;

20 When the woman who was not that age conceived before the expiry of six months from the day of celebration of marriage. – Civ., 133.

Art. 172. The father, the mother, the ascendants and the council of families who have consented to the marriage contracted in the case of the preceding article, are not admissible to request the nullity.

Art. 173. In all cases where, in accordance with article 170, the action for nullity can be brought by any of those who have an interest in it, it cannot be by the parents collateral, or by children born from another marriage, during the lifetime of both spouses, only when they have an interest born and current.

Art. 174. The spouse who has been wronged by the contracting of a second marriage may request its annulment, even during the lifetime of the spouse who was bound to them.- Cir., 128, 135, 187, 188. – Pen., 288.

Art. 175. If the new spouses oppose the nullity of the first marriage, the validity or nullity of this marriage must be judged beforehand.

Art. 176. The government commissioner, in all the cases to which article 170 applies, and under the modifications set out in article 171, can and must request the nullity of the marriage during the lifetime of the spouses, and condemn to separate. – Civ., 185 and s.

Art. 177. Any marriage which has not been contracted publicly, and which was not celebrated in front of the officer of the competent civil status, can be attacked by husbands themselves, by the father and mother, by the descendants, and by all those who have a born and current interest in it, as well as by the public prosecutor. – Civ., 74, 75, 151,155.