Bulletin des arrêts du Tribunal de cassation, 1880
- Covers 1880.
- Civil-section rulings, edited and published by the advocates Arthur Bourjolly and Aug. A. Héraux, opening on the rule that it is the submissions made at the hearing, more than the grounds served, that fix what the court must decide.
- The rulings are printed in full, each headed by the point of law decided.
- The series is the primary record of contract enforcement, execution of judgments and property claims at Haiti's court of final appeal.
The Bulletin des arrêts is the published record of the Tribunal de cassation, Haiti's court of final appeal. Each volume prints the rulings in full, each headed by the point of law decided, which makes the series usable: a reader can see how the court read a code article before reading the reasoning.
Printed at the Imprimerie Aug. A. Héraux in 1880 and restricted to the civil section.
The first ruling sets a procedural rule with practical weight for any litigant: the conclusions taken at the hearing determine what the court is seized of, and the grounds served beforehand do not. The volume's subject profile is unusually commercial for its date, with commerce the second most frequent matter after cassation procedure itself.
Two advocates compiled this volume, not the court, and that is itself a fact about the period: law reporting in nineteenth-century Haiti depended on private initiative, which is why the series has gaps and why the volumes vary in what they include.
Contract enforcement, the execution of judgments and the settlement of property claims are the constraints every business-climate diagnostic of Haiti names, and this series is the primary record of how the highest court actually decided them.
How to cite
Court of Cassation of the Republic of Haiti (Tribunal de cassation), Bulletin des arrêts du Tribunal de cassation, 1880, https://archive.org/details/bulletindesarr17hait
- Rights holder
- Government of Haiti