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reconstruct court records IN HAITI: A TASK FOR LAWYERS COLLOSSALE ...

Disappearance important issues at the courthouse


Haiti: "No record was found in the offices of judges of the court house destroyed in the earthquake of 12 January," said the clerk Joseph Pierre-Louis. The records of the Court of Appeal have also not been found, he added.

Records found under the ruins of the building, including the hard drive of a computer registry of the court, were also recovered, placed in a container and moved temporarily to the prosecution of the civil court in the capital.

The Registry court was not completely destroyed. However, no provision has been made to secure the site, individuals broke into and set fire, having destroyed and washed away important documents, such as corpus delicti stored in the Registry.

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THE DEAD OF THE DISASTER OF 12 JANUARY ARE LEGALLY DEAD?

These deaths are they legally dead?

By: Jean-Robert Fleury, The Daily News ...

Hundreds of thousands of missing persons leaving bank accounts, safes, cars, properties, loans, debt ... How to legally address these problems? The Journal met with Mr. Samuel Madistin.

The earthquake of January 12 has claimed hundreds of thousands of deaths. In the aftermath of the disaster, dead bodies littered the streets of the metropolitan area. The government had to resort to mass graves to avoid a worsening health situation.

Many bodies are still under the rubble. The people buried in mass graves have not been identified, pictures were not taken. What is the legal consequence of the decision by the government on families and relationships between individuals on the one hand, and individuals with public or private institutions in society other?

This government decision is likely to cause legal trouble for many.

notice of me Samuel Madistin on the issue: the departure of an individual for the afterlife must be held by a legal document known as "death certificate". This document gives access to the estate of the deceased will be recorded by the registrar of civil status on the declaration of two witnesses. It is therefore necessary, he says, that the deceased's body was found and identified for such a declaration. When the individual disappears, that is not heard from him and we do not know if he is alive or dead, is speaks in legalese, "absentee."

The word "absent" in the law differs from the missing word used in everyday language. The man who abandoned his home, but on the existence of which was no doubt, is a "non-present" and not "absent," noted the lawyer.

Absence is a presumption of death is not a certainty of death. Therefore it endangers the interests of many of the absent spouse, minor children and those who dealt with him. The absence has effects on the rights of family and property.

The law divides the state of the three absent periods in order to protect his property. The first period: one speaks of presumption. There is a waiting period during which the presumption outweighs that of death. And during this period, we can not take any measure of protection for property of the alleged absent. This period lasts one year if the absentee has left no specific mandate to someone to manage his property and five years otherwise.

Second Period: At the end of that period, the persons concerned (spouses, adult children, brothers, mothers, partners ...) may be filled civil court of the domicile of the absentee to declare the absence. This is the so-called declaration of absence during which the presumption of death is at least equal to that of life.

The court shall, after investigation contradict the prosecution, within six months, a decree of declaration of freedom. The ruling ordered the sequestration of the legal property of the absentee, so the vesting tentative. The administration of such property is vested in the Director General of Taxes. This period lasts twenty years after the sequestration of property or a hundred years since the birth of the absentee, if these property was not legal receivership.

The third period, called period of vesting ultimately is where the presumption of death far outweighs that of life. The court, without the certainty of death, will make a ruling ordering the shipment final possession. This decision puts an end to the community if the absentee was married, the heirs can take as owners. It is only then that the property of the absentee may be mortgaged or sold, that spouse can legally remarry, said Mr Samuel Madistin.

This is a complex situation, if the procedure of absence must be applied for hundreds of thousands missing. The impact on household living on the commercial and banking and other contractual relationships, can have serious consequences. From

declaration of death

Besides the regulation of absence, the lawyer pointed out instances legally distinct species. These are cases where no uncertainty can not continue. The individual, for example, was inside a public or private building that collapsed. There is no chance that there are survivors, but the body has been found. The death is certain in this case. It is not necessary to resort to the procedure for declaration of death provided by the Decree of 24 November 1977 on the death certificate of the missing in Haiti and from Haiti, published in the Moniteur # 85 of 15 December 1977 .

The decree allows the dean of the civil court of the place of the alleged death or disappearance of judicially declare the death of any individual that are certain, based on analysis of facts, despite the fact that the body has not found for burial. This action may be brought by any person establishing an interest and certain current or by the government commissioner of the place of jurisdiction.

The declaration of death takes the place of death certificate and will be applicable to third parties. The operative part of that decision will be at the behest of the government commissioner, transcribed the records that intended by the registrar of vital statistics of the actual location of the alleged event.

This procedure has been successfully implemented by my office in the jurisdiction of St. Mark to establish the deaths of those killed in the massacre of the sawmill whose bodies had been found for the reasons that we know. The declaration of death gives rise to the estate and avoids the crazy time of the procedure of absence.

The decree authorizing the judicial declaration of death can serve as a tool for parents of many missing for the regulation of property of persons killed in the earthquake of January 12, 2010 and whose bodies were not recovered. The government could put a core of lawyers available to victims for the fulfillment of these legal procedures without charge, if the welfare of the community is one of its major concerns.


Jean-Robert Fleury

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MAKE THE EDUCATION OF THE POPULATION IN INSURANCE LAW

To not be fooled by his insurance company

By: Cyprien L. Gary, excerpt from The Daily novelist, electronic ...


The complexity of procedures to obtain and enjoy an insurance policy makes skeptical candidates for insurance that requires ignorance, do not enjoy the maximum benefit of an insurance policy. This has caused the mid-20th century, the emergence of a new profession, public adjusters whose mission is to support and represent the insured with international insurance companies. Present in Haiti after the disaster of Jan. 12, Matt Martinez, public adjuster working for the agency "Adjusters International, presents the profession and its journey.



Haiti: When we lost everything, there is insurance. In a world constantly threatened by natural disasters and accidents, insurance services are the last resort owners or entrepreneurs wanting to get away from misfortune. Haiti, land at high risk of natural and other disasters, is nevertheless a country where the percentage of companies and the insured property is close to negligible.

The lack of information provided about clauses in contracts between them and prevents their insurance company insured to get the most from their insurance policy. For, not only beating the specificities and the terms of a policy, policyholders are not sure what to claim from their insurers. It is at this crossroads that the presence of a public adjuster is mandatory, says Matt Martinez, public adjuster working "Adjusters International, a visit to Haiti after the disaster of 12 January.

What is an adjuster?

As insurance companies have agents to represent them, policyholders have adjusters who represent the face of insurance companies. The insurance claims are complicated, "says Matt Martinez. From reading the insurance policy to its understanding, to process claims for premiums, the public adjuster and sometimes accompanies starts in place of the insured to help analyze the police, document damage and file claims in a format compliant insurance.

This speeds up the process and get the most out of the insurance premium, as both parties (and the insured) have their respective representatives who speak the same language and share common knowledge in the field of insurance.

In other words, the adjusters are there to help clients to analyze the insurance policy itself, to consult their insurance policies and any other relevant document, helping to determine the levels of loss and maximum amount they can recover from insurers.

"They have the experience and know-how all the more necessary that the insured are generally not well informed about the content of the clauses of a contract of insurance. What prevents them from benefiting the most from their police, "said Matt Martion.

Thus, the presence of a fitter, the customer can talk as equals with their insurance company. They are there to make the balance between the two parties. This is not insurance it is up to document the loss of the customer. This work is for the adjuster, who helped the owner of the insurance policy, prepares documents for solid and convincing to have a better presentation of losses to the extent possible, make the most of the premium .

While the role of the broker agent is to enable the potential insured to choose the appropriate insurance policy to their needs. He can guide, inform and advise the insured even take the insurance that must be compared with the risk of disaster. Continue>





Citing the need for a policy holder to inform the content of his contract, the representative of Adjusters International has suggested that "if the owner of the policy does not inquire or not trying to learn to understand and ask questions before you sign, it is a disadvantage compared to the company. The insurance company is primarily a business for profit and whose main objective is to make profits. Nobody gonna get her something he has not called. "

Haiti specificities

Mr. Martinez said that one of the main observations he made about the disaster of January 12 is that the customers thought it was enough to take out an insurance policy for the amount of a loan without considering the value of property. He also noted that policies were not updated regularly and did not take into account the value of properties.

According to him, the insured must learn more about their police. "They do not read that when there is a problem. They must analyze and apply questions, "advises Matt Martinez, who believes the public should learn from this situation and try to be better informed in future. About

elements which must be reduced in the case of a policy, the expert explains: Generally, when people cover a good 50%, they still think that if they go with the company after a disaster, they will get for example $ 500 000 for police coverage of $ 1 million. This is not the case. Instead of $ 500 000 250 000 you, who represent half the risk premium covered.

other hand, Haiti, the first 20% are not covered by insurance companies in case of natural disaster. To this must be added the 2% deductible coverage. A total of 22% which is deductible from the local insurance premium, which never covers 100%. After Haiti, Matt Martinez noted the case of Mexico as other countries where insurance companies do not play 100% coverage. Mexican insurance, in turn, deduct 10% of premiums for coverage, the expert of Adjusters International.

In the case of these two countries, Matt Martinez believes that insurers offer bonuses that they can cover, but generally do not take into account the value of the property itself. So that in most cases, the property is underinsured.

The adjuster's interest to help the insured make the most of his insurance, since his income depends on the amount that will permit the customer to recover from the insurance company.

Both the accountant is essential in managing a company's financial and legal obstacles in the justice system, as the fitter is essential for the insured argued the expert, whose experience in the field are numerous. Adjusters International has had experiences in the Caribbean including the Cayman Islands, Jamaica, St. Thomas, Mexico, after disasters.

Established in 1964 in New York, the agency has represented policyholders in New Orleans, where she was hired by the port of that city after Hurricane Katrina, in New York after Sept. 11, in Kuwait after the war 1991, etc.. She used to work for insurance holders in major disasters worldwide, allowing them to recover billions of dollars.

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BAD REPUTATION OF LEAST DEVELOPED COUNTRIES ...

The bad reputation

Excerpt from the Daily novelist, electronic ...

It takes two to tango though corruption. A dancer in the public sector, a private dancer. Absolutely true. It is also true that corruption, unlike the tango, sensual dance, visual and dramatic, is above all a perception. Corruption is also a set of unspoken, non-facts that sealed a reputation.
In the early years of the surveys of Transparency International, the NGO that issues certificates of good conduct for states in the world and proclaims the famous classification that establishes the reputation of the corrupt, it was good that all Haitians interviewed say that the country, our country is corrupt. It was
exaggerate. In that time, the country had a detested government. By dint of force, the thin line became a thick line. When the government set out, our reputation for corrupt country we stayed. Even today we are paying the price because the lists, rankings and reputations die hard.
there any hidden reasons that bear the U.S. State Department released its report on corruption in Haiti after the visit of Rene Preval in Washington? Is it to counter the current carried by the French who advocate the plan option for Haiti Haiti's recovery? Is it to pave the way for their companies, the only clean enough to eat money from American taxpayers? Will there be one day why the smoke without fire will suffocate us??
Sometimes, corruption is an orgy that spares not even the most righteous. We sin by doing nothing, having seen or heard the siren song. The school resumed
timidly
At the University of Notre Dame as the Bird College, students and pupils find the way classes and courses. Very good news. The leaders of these two institutions did not wait for the Ministry of Education has finished his hesitation waltz on an air of indecision to beat back the recall.
Resume classes is an obligation because children need other places than their home or camps to learn to live and overcome their fear. Because we must do everything possible to avoid losing their year, those who can save her. Because it is unfair to condemn everyone to forced vacation and believe that by doing so the department will s'amnistier have authorized the operation of institutions that have no qualifications either before or after January 12 to accommodate children and provide education.

on legality of death

In banks, notaries, and in any other place where there are assets, question of death is present and pressing issue. How to access the possessions of the deceased who are not legally dead? This question has no clear answer. L'Etat devra-t-il faire comme pour les actes de naissance et inventer une procédure simplifiée pour donner un document légal aux centaines de milliers de victimes du 12 janvier ? This would remove a thorn to parents who mourn the dead, without this too.

Statistics, statistics you said?

What percentage of schools, vocational centers and universities that have lost their offices, professors, students or students? This simple exercise, the ministry in charge of the sector can still do it and present the results of a seemingly simple.
Even more difficult is the exercise for the government to present the overall losses in the public service.
And as is always badly shod shoemaker, the press was unable either to count its losses.
Figures and facts do not mix, whatever the sector.