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Code Henry

The first comprehensive legal code of the Kingdom of Haiti, promulgated by King Henry Christophe on February 20, 1812 — a sovereign act of juridical self-determination just eight years after the world's only successful slave revolution produced an independent nation. This digital edition presents the complete Code in 3,004 articles spanning 8 laws and 67 titres — from the Loi Civile's 1,535 articles on personhood, marriage, property, and succession, to the Loi sur la Procédure Criminelle's 421 articles on investigation, confrontation, and royal clemency. Every article has been hand-extracted from 19th-century OCR, corrected, translated into English, and annotated with plain-language life lessons and scholarly notes. Browse in French, English, or Kreyòl Ayisyen. 3,004 articles · 8 laws · 3 languages · 213 years restored

3,004 articles in the Code Henry

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163
Article 163 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
Insurance made after the loss or arrival of insured objects is void if it can be presumed that before signing the contract, the insured could...
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Insurance made after the loss or arrival of insured objects is void if it can be presumed that before signing the contract, the insured could have known of the loss, or the insurer of the arrival of said insured objects. Mere rumors of good or bad news shall not constitute presumption; it shall be calculated whether news of the arrival or loss could have reached before the insurance was made, at three leagues per hour from the place of arrival to the place of insurance, as a presumption, without prejudice to other evidence.

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164
Article 164 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
Proof that the insured knew of the loss, or the insurer of the ship's arrival, before the contract was signed, is necessary for it to...
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Proof that the insured knew of the loss, or the insurer of the ship's arrival, before the contract was signed, is necessary for it to be annulled; and in that case, the insured must return to the insurer what he received plus double the premium, and likewise if proof is established against the insurer, he must return the premium if received and pay double to the insured.

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165
Article 165 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
As soon as the insured learns of the loss of the ship or of damage to the merchandise, he shall be required to notify the...
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As soon as the insured learns of the loss of the ship or of damage to the merchandise, he shall be required to notify the insurer, mentioning that in due time and place he will make his abandonment.

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166
Article 166 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
The insured may however make his abandonment, without protest, with a demand to the insurer to pay the insured sums within the time prescribed by...
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The insured may however make his abandonment, without protest, with a demand to the insurer to pay the insured sums within the time prescribed by the policy, or if no time is specified, within three months from the day of the protest or demand.

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167
Article 167 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
The insured may only make abandonment in cases of capture, shipwreck, grounding, detention by a foreign power, or loss of at least half the insured...
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The insured may only make abandonment in cases of capture, shipwreck, grounding, detention by a foreign power, or loss of at least half the insured goods; damages may only be considered average, and shall be settled between insurers and insured according to their respective interests. No partial abandonment may be made, nor may average be claimed if it does not exceed three percent, and it must be certified by two merchants.

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168
Article 168 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
Abandonment may only extend to goods that are the object of the insurance and the risk.
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Abandonment may only extend to goods that are the object of the insurance and the risk.

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169
Article 169 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
In case of shipwreck or grounding, the insured may immediately, without prejudice to the abandonment he may make in due time and place, work to...
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In case of shipwreck or grounding, the insured may immediately, without prejudice to the abandonment he may make in due time and place, work to recover the shipwrecked goods and to be reimbursed for his expenses, for which he shall be believed on his oath, up to the value of the recovered goods, without said expenses ever exceeding them; it being understood that he shall fulfill all formalities prescribed by article 53, Chapter V, of the Law on Prizes.

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170
Article 170 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
Abandonment must be made to insurers within one month for the ports of the kingdom of Hayti, two months for the islands of this Archipelago,...
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Abandonment must be made to insurers within one month for the ports of the kingdom of Hayti, two months for the islands of this Archipelago, three months for the continent of North America, and six months for Europe. The terms prescribed above are doubled in time of war.

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171
Article 171 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
But once the above-indicated terms have expired, the insured are no longer receivable in their claim.
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But once the above-indicated terms have expired, the insured are no longer receivable in their claim.

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172
Article 172 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
In case of capture, the insured may repurchase their goods without waiting for the insurers' order, if they were unable to give them notice.
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In case of capture, the insured may repurchase their goods without waiting for the insurers' order, if they were unable to give them notice.

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173
Article 173 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
Nevertheless, they shall be required to give them written notice as soon as possible, as well as the terms on which the repurchase was based.
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Nevertheless, they shall be required to give them written notice as soon as possible, as well as the terms on which the repurchase was based.

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174
Article 174 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
The insurer shall have the choice to accept or refuse the composition made by the insured; but he must notify his decision within twenty-four hours...
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The insurer shall have the choice to accept or refuse the composition made by the insured; but he must notify his decision within twenty-four hours following the notification, to the person who notified him. If he accepts the composition, he must provide the funds used for the repurchase, and thereupon assumes all risks. If he refuses the composition, he must pay the insured sum without claiming the repurchased goods, and he shall always be deemed to have waived the benefit of the composition if he has not notified his choice within the prescribed deadline.

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175
Article 175 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
But if a vessel were detained by order of the sovereign of the kingdom of Hayti, before its departure from one of the kingdom's ports,...
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But if a vessel were detained by order of the sovereign of the kingdom of Hayti, before its departure from one of the kingdom's ports, the insured may not, on account of this detention, make abandonment of their goods to the insurers.

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176
Article 176 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
The insured may not be heard to make any claim against the captain and the insurers for damage to his merchandise if he received it...
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The insured may not be heard to make any claim against the captain and the insurers for damage to his merchandise if he received it without making a protest within twenty-four hours.

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177
Article 177 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
The captain likewise may not bring any action for average against the insured if he received his freight without having protested.
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The captain likewise may not bring any action for average against the insured if he received his freight without having protested.

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178
Article 178 Commercial Law · Des Obligations des Assureurs et des Assurés
Commercial Law
All these protests, on penalty of nullity, must be made before a notary within twenty-four hours, and the legal action within one month from the...
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All these protests, on penalty of nullity, must be made before a notary within twenty-four hours, and the legal action within one month from the date of notification.

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179
Article 179 Commercial Law · Des Prescriptions
Commercial Law
The captain may not acquire ownership of a vessel by prescription.
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The captain may not acquire ownership of a vessel by prescription.

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180
Article 180 Commercial Law · Des Prescriptions
Commercial Law
No legal action may be brought: 1° For ship freight, one year after delivery of merchandise; 2° To claim merchandise loaded for freight, one year...
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No legal action may be brought: 1° For ship freight, one year after delivery of merchandise; 2° To claim merchandise loaded for freight, one year after arrival of the ship; 3° For payment of salaries and wages of officers and crew members, six months after the ship's arrival or decommissioning; 4° For food supplied to crew by captain's order, and for supplies and wages of contractors, suppliers, and workers, six months after the last supplies or work received, unless there is a settled account.

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181
Article 181 Commercial Law · Des Prescriptions
Commercial Law
The abandonment action is prescribed within the deadlines expressed in article 171.
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The abandonment action is prescribed within the deadlines expressed in article 171.

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182
Article 182 Commercial Law · Des Prescriptions
Commercial Law
Actions deriving from an insurance policy are prescribed after five years, counting from the date of the policy.
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Actions deriving from an insurance policy are prescribed after five years, counting from the date of the policy.