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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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361
Article 361 Civil Law · Des Servitudes établies par la Loi
Property Law
Co-ownership may be acquired by the neighbor who did not contribute to the raising of a wall, by paying half the expenses incurred for the...
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Co-ownership may be acquired by the neighbor who did not contribute to the raising of a wall, by paying half the expenses incurred for the raising, and half the value of the land on which the wall was erected. The same applies to any owner who wishes to make a wall adjoining his property into a party wall, in whole or in part.

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362
Article 362 Civil Law · Des Servitudes établies par la Loi
Property Law
No work may be applied, supported, or recessed into the body of a party wall without the mutual consent of the interested parties; if one...
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No work may be applied, supported, or recessed into the body of a party wall without the mutual consent of the interested parties; if one refuses, the other may compel compliance after having the wall inspected by experts, who shall determine the necessary means to ensure the new work causes no prejudice to the neighbor's property.

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363
Article 363 Civil Law · Des Servitudes établies par la Loi
Property Law
In cities and towns, the construction and repair of separation walls between houses, yards, and gardens, as well as every other kind of enclosure, shall...
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In cities and towns, the construction and repair of separation walls between houses, yards, and gardens, as well as every other kind of enclosure, shall be done at common expense by the neighboring owners; in case of refusal by one, the other may compel him. Every enclosure or separation wall must be eight feet in height.

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364
Article 364 Civil Law · Des Servitudes établies par la Loi
Property Law
Active and passive servitudes cannot cease with respect to a new party wall or a house being rebuilt; but they cannot be aggravated upon reconstruction.
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Active and passive servitudes cannot cease with respect to a new party wall or a house being rebuilt; but they cannot be aggravated upon reconstruction.

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365
Article 365 Civil Law · Des Servitudes établies par la Loi
Property Law
Whoever wishes to build near a party wall the following works, namely: chimney, oven, furnace, and forge, may do so only by leaving a distance...
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Whoever wishes to build near a party wall the following works, namely: chimney, oven, furnace, and forge, may do so only by leaving a distance of half a foot between the party wall and the new work; and whoever wishes to dig a well near a party wall may do so only at a distance of five feet from said wall.

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366
Article 366 Civil Law · Des Servitudes établies par la Loi
Property Law
No window or opening may be made in a party wall without the perfect agreement of the two neighboring owners.
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No window or opening may be made in a party wall without the perfect agreement of the two neighboring owners.

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367
Article 367 Civil Law · Des Servitudes établies par la Loi
Property Law
The roofs of houses must be made so that the water they may receive cannot drain onto the neighboring property.
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The roofs of houses must be made so that the water they may receive cannot drain onto the neighboring property.

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368
Article 368 Civil Law · Des Servitudes établies par la Loi
Property Law
The right of way is acquired by every enclosed manufactory having no access to the royal highway; but this passage must be taken through the...
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The right of way is acquired by every enclosed manufactory having no access to the royal highway; but this passage must be taken through the place offering the shortest route, causing the least damage to the property through which it is granted, and subject to compensation proportional to the damage it may cause. In the case of subdivision of a manufactory that already has its exit onto the royal highway, the purchaser shall claim the same right of way already established in favor of the owner, even if this condition was not stipulated in the deed of transfer.

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369
Article 369 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
Every owner is free to establish on his estate, or in favor of his estate, such servitudes as he sees fit; but these servitudes may...
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Every owner is free to establish on his estate, or in favor of his estate, such servitudes as he sees fit; but these servitudes may only be imposed on a property and for a property, and never on a person or in favor of a person. Particular written agreements fix the use and extent of these servitudes, which in no case may be contrary to public order.

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370
Article 370 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
Servitudes are established for the use of houses or of manufactories. These servitudes include irrigation channels, water conduits, drains, views, rights of way, drawing water,...
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Servitudes are established for the use of houses or of manufactories. These servitudes include irrigation channels, water conduits, drains, views, rights of way, drawing water, and other similar ones. Some are apparent, such as a door, window, or aqueduct, and others are not, such as the prohibition against building on land, or building only to a fixed height.

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371
Article 371 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
When it is proven that two divided properties belonged to the same owner, and that the state of servitude in which the things are found...
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When it is proven that two divided properties belonged to the same owner, and that the state of servitude in which the things are found results from the destination of the father of the family, this authority has the force of title with respect to servitudes.

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372
Article 372 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
If a contract made by the owner of two estates, between which there exists an apparent sign of servitude, contains no agreement relative thereto, the...
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If a contract made by the owner of two estates, between which there exists an apparent sign of servitude, contains no agreement relative thereto, the estate that is alienated continues to be subject, actively or passively, to the same servitudes.

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373
Article 373 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
A title recognizing the servitude, emanating from the owner of the servient property, alone may substitute for a constitutive title of the servitude.
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A title recognizing the servitude, emanating from the owner of the servient property, alone may substitute for a constitutive title of the servitude.

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374
Article 374 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
The establishment of any servitude implies the grant of everything necessary for its exercise. Thus, when one grants the servitude of drawing water from another's...
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The establishment of any servitude implies the grant of everything necessary for its exercise. Thus, when one grants the servitude of drawing water from another's fountain, one is deemed to have given the right of way.

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375
Article 375 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
The one in whose favor the servitude was established is authorized to make all works useful for its enjoyment and preservation, provided he alone bears...
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The one in whose favor the servitude was established is authorized to make all works useful for its enjoyment and preservation, provided he alone bears all costs, unless the constitutive title positively states that they must be borne by the owner of the servient property; and in the latter case, the owner may always free himself from the charge by abandoning the servient property to the owner of the dominant property.

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376
Article 376 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
If the estate in whose favor the servitude was constituted is subdivided, each part enjoys the portion of the servitude pertaining to it, in such...
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If the estate in whose favor the servitude was constituted is subdivided, each part enjoys the portion of the servitude pertaining to it, in such a way however that this apportionment cannot aggravate the condition of the servient property. Thus for example, if it is a matter of a right of way, the co-owners may exercise it only through one and the same place.

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377
Article 377 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
The owner whose land owes the servitude may do nothing tending to restrict its use, or to make it more inconvenient. Thus, he may make...
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The owner whose land owes the servitude may do nothing tending to restrict its use, or to make it more inconvenient. Thus, he may make no change, nor assign a place other than where the exercise of the servitude was originally granted.

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378
Article 378 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
However, the owner of a servient property, in the case where the servitude has become more burdensome for him, may offer the owner of the...
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However, the owner of a servient property, in the case where the servitude has become more burdensome for him, may offer the owner of the other property a place equally convenient for the exercise of his rights, an offer that may never be refused.

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379
Article 379 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
The one who has a right of servitude over a property may enjoy it only in conformity with the terms of his title, without aggravating...
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The one who has a right of servitude over a property may enjoy it only in conformity with the terms of his title, without aggravating the condition of the servient property's owner.

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380
Article 380 Civil Law · Des Servitudes établies par le fait de l'Homme
Property Law
A servitude ceases when things are in such a state that one cannot use it, as when the servient property perishes, or the property for...
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A servitude ceases when things are in such a state that one cannot use it, as when the servient property perishes, or the property for whose use the servitude was established; and the same would apply if, the properties subsisting, the cause of the servitude were to cease. Thus, if a spring where the neighbor had the right to draw water were to disappear, his right of way over the property where the spring was located is necessarily lost; but he would recover this right if the spring reappeared.

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