Lex Loci meets Lex Fori

Merging Customary Law and National Land Legislation in Madagascar

Bibliographic Data

ID20052037
AuthorsSandra J T M Evers (National Centre of Research in Social and Cultural Anthropology, corresponding author)
Year2013
Pages119-140
Publication date2013-01-01
Peer ReviewedYes
Open AccessNo
TypeCHAPTER
VenueContest for Land in Madagascar (SOURCE_BOOK)
PublisherBrill (PUBLISHER • NL)
DOI10.1163/9789004256231_007
OpenAlexW2096468657
ISBN9789004256231
LanguageEN
Citations received5

This chapter discusses the Malagasy legislation in terms of land registration and certification and attempts to identify some areas of possible future conflict due to the ongoing cleavages between positive law land legislation ( lex fori ) and land ownership based on custom ( lex loci ). It should be stressed right from the outset that the lex fori - lex loci distinction is analytical here, as in the day to day people draw discursively and practically from varied social and legal frameworks. In 2004, with the support of the World Bank, the Malagasy government launched the Programme National Foncier , (PNF), which is still in force and effect today. PNF envisaged a decentralized registration system, where people could obtain their land certificates in Local Land Offices (LLO). The PNF planned to convert provisional deeds of peasants into official certificates, which in turn could eventually become title deeds. Keywords: Local Land Offices (LLO); Malagasy government; positive law land legislation; Programme National Foncier (PNF); World Bank

Geography · Legislation · Political science · African history and culture analysis · Global Maritime and Colonial Histories · Land Rights and Reforms · Law

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