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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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321
Article 321 Civil Law · De l'Usufruit
Property Law
Any testamentary disposition whose object is to bequeath a life annuity or alimentary pension must be rigorously executed by the universal legatee of the usufruct,...
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Any testamentary disposition whose object is to bequeath a life annuity or alimentary pension must be rigorously executed by the universal legatee of the usufruct, in its entirety, and by the legatee by universal title of the usufruct, proportionally to the extent of his enjoyment, without any claim for reimbursement being admissible on their part.

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322
Article 322 Civil Law · De l'Usufruit
Property Law
Debts for which a property is mortgaged are not the charge of the usufructuary by particular title. In the case where he is forced to...
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Debts for which a property is mortgaged are not the charge of the usufructuary by particular title. In the case where he is forced to pay them, a just recourse is assured to him against the owner, except as stated in the Title on Donations and Testaments.

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323
Article 323 Civil Law · De l'Usufruit
Property Law
Debts are paid concurrently by the owner and the usufructuary, whether universal or by universal title, in the following manner. First, the value of the...
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Debts are paid concurrently by the owner and the usufructuary, whether universal or by universal title, in the following manner. First, the value of the property subject to usufruct is appraised, and then based on that value, the amount of each party's contribution is determined. When the sum for which the property is liable is advanced by the usufructuary, restitution of the capital, without any interest, must be made to him at the cessation of the usufruct. Otherwise, the owner may either sell property subject to the usufruct up to the amount of the contribution, or pay the sum from his own funds, in which case the usufructuary must pay him interest for the duration of the usufruct.

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324
Article 324 Civil Law · De l'Usufruit
Property Law
Only the costs resulting from lawsuits relating to enjoyment and other judgments occasioned by lawsuits are borne by the usufructuary.
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Only the costs resulting from lawsuits relating to enjoyment and other judgments occasioned by lawsuits are borne by the usufructuary.

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325
Article 325 Civil Law · De l'Usufruit
Property Law
If, during the usufruct, any encroachments upon the property, or any other attack on the right of ownership, are committed by a third party, it...
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If, during the usufruct, any encroachments upon the property, or any other attack on the right of ownership, are committed by a third party, it is the strict obligation of the usufructuary to denounce the offender to the owner; failing to do so, all damages that may result for the latter fall solely upon the usufructuary, as if he were himself the instrument of the encroachments committed.

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326
Article 326 Civil Law · De l'Usufruit
Property Law
Every usufructuary shall be required to return to the owner, at the expiration of his enjoyment, the flocks, animals, and livestock subject to his usufruct,...
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Every usufructuary shall be required to return to the owner, at the expiration of his enjoyment, the flocks, animals, and livestock subject to his usufruct, in the same state and in like quantity as they were at the time of the opening of his usufruct rights, or to pay the amount of their value.

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327
Article 327 Civil Law · De l'Usufruit
Property Law
The death of the usufructuary extinguishes the usufruct; this benefit is also extinguished by the expiration of the time for which it was conferred, by...
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The death of the usufructuary extinguishes the usufruct; this benefit is also extinguished by the expiration of the time for which it was conferred, by the consolidation upon one and the same person of the qualities of usufructuary and owner, by the non-exercise of this right for twenty years, and finally by the total loss of the thing upon which the usufruct was established.

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328
Article 328 Civil Law · De l'Usufruit
Property Law
However, abuse by the usufructuary of his enjoyment, whether by committing degradations on the property or by letting it fall into disrepair for want of...
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However, abuse by the usufructuary of his enjoyment, whether by committing degradations on the property or by letting it fall into disrepair for want of maintenance, is also a sufficient ground for extinguishing the usufruct. The usufructuary's creditors have the right to intervene in all disputes concerning the maintenance of their rights, and they are granted the ability to offer reparation of the committed degradations and guarantees for the future. The judges, according to the gravity of the case, may pronounce absolute extinction of the usufruct, or authorize the owner's re-entry into enjoyment of the encumbered property only on condition of paying annually to the usufructuary or his assigns a fixed sum, until the time when the usufruct would have ended.

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329
Article 329 Civil Law · De l'Usufruit
Property Law
Usufruct that is not granted in favor of private individuals may last only twenty years.
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Usufruct that is not granted in favor of private individuals may last only twenty years.

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330
Article 330 Civil Law · De l'Usufruit
Property Law
When usufruct is granted to an individual until he reaches an age determined by the act conferring this benefit, the exercise of usufruct rights continues...
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When usufruct is granted to an individual until he reaches an age determined by the act conferring this benefit, the exercise of usufruct rights continues until that fixed time, even if the usufructuary's death is far earlier.

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331
Article 331 Civil Law · De l'Usufruit
Property Law
Even if a thing subject to usufruct is sold, this act would bring no change to the usufructuary's rights. Only a formal renunciation of this...
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Even if a thing subject to usufruct is sold, this act would bring no change to the usufructuary's rights. Only a formal renunciation of this right on his part can interrupt his enjoyment.

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332
Article 332 Civil Law · De l'Usufruit
Property Law
Every creditor of the usufructuary has the right to intervene in order to annul a renunciation that a usufructuary may have made to his prejudice.
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Every creditor of the usufructuary has the right to intervene in order to annul a renunciation that a usufructuary may have made to his prejudice.

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333
Article 333 Civil Law · De l'Usufruit
Property Law
If only a portion of the thing subject to usufruct is destroyed, the usufruct is preserved on what remains.
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If only a portion of the thing subject to usufruct is destroyed, the usufruct is preserved on what remains.

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334
Article 334 Civil Law · De l'Usufruit
Property Law
If the usufructuary's rights extend only to a building, and that building is destroyed by accident or any other force majeure or unforeseen event, or...
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If the usufructuary's rights extend only to a building, and that building is destroyed by accident or any other force majeure or unforeseen event, or even if it has perished from age, the usufructuary may enjoy neither the land on which the building stood nor the materials from its debris; but if the usufructuary's rights rested upon an estate of which the building was a part, the enjoyment of the land and the materials reverts by full right to the usufructuary.

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335
Article 335 Civil Law · De l'Usage et de l'Habitation
Property Law
The rights of use and habitation are constituted and extinguished in the same manner as those of usufruct.
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The rights of use and habitation are constituted and extinguished in the same manner as those of usufruct.

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336
Article 336 Civil Law · De l'Usage et de l'Habitation
Property Law
The enjoyment of these rights may not take place without first furnishing good and sufficient security, and without having statements and inventories drawn up, and...
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The enjoyment of these rights may not take place without first furnishing good and sufficient security, and without having statements and inventories drawn up, and with the obligation upon the user to enjoy as a prudent administrator.

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337
Article 337 Civil Law · De l'Usage et de l'Habitation
Property Law
If the constitutive title has not regulated the extent of the rights of use and habitation, these rights shall be as follows.
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If the constitutive title has not regulated the extent of the rights of use and habitation, these rights shall be as follows.

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338
Article 338 Civil Law · De l'Usage et de l'Habitation
Property Law
The user may demand, from the fruits of a property, not only what is necessary for his needs and those of his family, but also...
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The user may demand, from the fruits of a property, not only what is necessary for his needs and those of his family, but also for those of children who may be born to him after the grant of the use.

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339
Article 339 Civil Law · De l'Usage et de l'Habitation
Property Law
The right of habitation in a house gives the one who has obtained it only the personal enjoyment of what is necessary to house himself...
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The right of habitation in a house gives the one who has obtained it only the personal enjoyment of what is necessary to house himself and his family, even if he was not married at the time this right was granted to him.

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340
Article 340 Civil Law · De l'Usage et de l'Habitation
Property Law
The rights of use and habitation being personal, may not be transferred or leased.
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The rights of use and habitation being personal, may not be transferred or leased.

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