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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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281
Article 281 Civil Law
Property Law
Whoever holds a valid title transmitting property to him, whose hidden defects he is unaware of, is considered, in the eyes of the law and...
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Whoever holds a valid title transmitting property to him, whose hidden defects he is unaware of, is considered, in the eyes of the law and of society, as a possessor in good faith; but if it is established that the defects in question had come to his knowledge before or after the acquisition of the property, he shall be deemed in bad faith.

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282
Article 282 Civil Law
Property Law
Everything that is in union, in contact, or in identity with a thing belongs to the owner, according to the rules established hereafter.
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Everything that is in union, in contact, or in identity with a thing belongs to the owner, according to the rules established hereafter.

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283
Article 283 Civil Law · Du Droit d'accession relativement aux Choses immobilières
Property Law
Ownership of land includes the surface as well as what lies beneath. Above, the owner may make all plantations and improvements he deems suitable, provided...
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Ownership of land includes the surface as well as what lies beneath. Above, the owner may make all plantations and improvements he deems suitable, provided he conforms to established laws and regulations. Below, he may make such excavations as he sees fit, except that he must not prejudice police regulations concerning mines.

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284
Article 284 Civil Law · Du Droit d'accession relativement aux Choses immobilières
Property Law
Any landowner who has used another's materials for constructions, plantations, improvements, and other works must pay their value and shall be liable for damages if...
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Any landowner who has used another's materials for constructions, plantations, improvements, and other works must pay their value and shall be liable for damages if applicable; but the owner of the materials does not have the right to have them removed, and must claim them within the time limits set for the recovery of movable things.

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285
Article 285 Civil Law · Du Droit d'accession relativement aux Choses immobilières
Property Law
When works of the description contained in the preceding article have been made by a third party, even with his own materials, the owner of...
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When works of the description contained in the preceding article have been made by a third party, even with his own materials, the owner of the soil on which these works were unduly made has the right to retain them, unless he prefers to compel the one who permitted himself this infringement of property rights to remove them at his own cost and expense. In either case, he shall always be entitled to seek, in court, damages proportionate to the harm and inconvenience suffered from the deprivation of the usurped portion of land.

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286
Article 286 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
The principles of natural equity entirely govern the right of accession when that right involves two movable things whose ownership belongs to two persons at...
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The principles of natural equity entirely govern the right of accession when that right involves two movable things whose ownership belongs to two persons at once. In cases not foreseen, the magistrate, according to the particular circumstances, shall base his judgment and decisions on the rules established hereafter.

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287
Article 287 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
When two things belonging to different owners have been united so as to form a single whole, and they are nevertheless so separable by their...
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When two things belonging to different owners have been united so as to form a single whole, and they are nevertheless so separable by their nature that one may exist without the other, ownership is acquired by the owner of the material that constitutes the principal part of the whole, with the obligation to pay the other the value of the thing that contributed to it.

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288
Article 288 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
The principal part is that to which the other was united only for the use, decoration, or completion of the first.
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The principal part is that to which the other was united only for the use, decoration, or completion of the first.

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289
Article 289 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
However, when it is found that the united or adapted thing is of greater value than the principal thing, and its use was made without...
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However, when it is found that the united or adapted thing is of greater value than the principal thing, and its use was made without the knowledge of the owner, the latter may demand that the accessory be separated from the principal so as to be returned to him, even if some deterioration to the thing with which it was identified might result from this extraction.

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290
Article 290 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
If of two parts forming a single whole, neither can be regarded, relative to the other, as accessory, that one is without dispute deemed the...
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If of two parts forming a single whole, neither can be regarded, relative to the other, as accessory, that one is without dispute deemed the principal whose volume, nature, and kind are of greater value; if moreover their respective values are approximately the same.

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291
Article 291 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
In the case where an artisan or any individual has used material not his own to compose a thing of a new kind, whether or...
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In the case where an artisan or any individual has used material not his own to compose a thing of a new kind, whether or not the material can be restored to its original form or nature, the legitimate owner has the right to claim the thing fashioned from his own materials, upon reimbursement of the price of labor.

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292
Article 292 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
If, however, the importance and price of the labor were such that the value of the material used was far below, then industry would be...
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If, however, the importance and price of the labor were such that the value of the material used was far below, then industry would be recognized as the principal part, and the worker would have the right to retain the finished thing, upon paying the price of the material to its owner.

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293
Article 293 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
When a worker has used partly his own material and partly another's to compose a thing of a new kind, without the complete destruction of...
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When a worker has used partly his own material and partly another's to compose a thing of a new kind, without the complete destruction of either material, but in such a way that division cannot take place without serious inconvenience, the thing becomes common to both owners, in proportion; as to the one, of the material belonging to him; as to the other, of both the material belonging to him and the price of his labor.

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294
Article 294 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
In the case where the mixture of several materials belonging to different individuals, none of which can be considered the principal material, has contributed to...
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In the case where the mixture of several materials belonging to different individuals, none of which can be considered the principal material, has contributed to the formation of a crafted thing, the one without whose knowledge the materials were used may demand their division, provided the materials are not of an indivisible nature. If the separation of materials cannot be effected without inconvenience, each co-owner, in proportion to the quality and value of the materials belonging to him and in proportion to their quantity, acquires his share of ownership in the finished object.

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295
Article 295 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
If the material belonging to one of the owners was far superior to that of the other in quantity and price, the owner of the...
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If the material belonging to one of the owners was far superior to that of the other in quantity and price, the owner of the superior material in value could claim the thing resulting from the mixture, upon reimbursing the other the value of his material.

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296
Article 296 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
When a thing formed from materials belonging to several persons remains common among the different owners, it shall be sold by auction for their common...
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When a thing formed from materials belonging to several persons remains common among the different owners, it shall be sold by auction for their common benefit. In all cases where the owner may reclaim the ownership of his material used without his knowledge to compose an object of an entirely different kind from its original, he has the option of demanding either the cash value of his material, or its restitution in the same nature, quantity, weight, measure, and quality.

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297
Article 297 Civil Law · Du Droit d'accession relativement aux Choses mobilières
Property Law
Whoever has used materials belonging to others without their knowledge may also be condemned to damages, if appropriate, without nevertheless prejudicing extraordinary proceedings, if the...
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Whoever has used materials belonging to others without their knowledge may also be condemned to damages, if appropriate, without nevertheless prejudicing extraordinary proceedings, if the case warrants.

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298
Article 298 Civil Law · De l'Usufruit
Property Law
Usufruct is the right to enjoy another's property as if one were oneself the owner, but with the obligation to preserve the thing in its...
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Usufruct is the right to enjoy another's property as if one were oneself the owner, but with the obligation to preserve the thing in its entirety.

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299
Article 299 Civil Law · De l'Usufruit
Property Law
The law or the will of man establishes usufruct.
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The law or the will of man establishes usufruct.

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300
Article 300 Civil Law · De l'Usufruit
Property Law
It extends to property of every kind, movable or immovable, and the act that stipulates it positively states whether the enjoyment is unconditional, at a...
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It extends to property of every kind, movable or immovable, and the act that stipulates it positively states whether the enjoyment is unconditional, at a certain day, or conditional.

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