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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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441
Article 441 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The express or tacit acceptance of a succession may be challenged by the adult who made it only if it was the result of fraud...
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The express or tacit acceptance of a succession may be challenged by the adult who made it only if it was the result of fraud practiced against him; an action for lesion is not admitted, except only in the case where the succession is found to be absorbed or diminished by more than half through the discovery of a testament unknown at the time of acceptance.

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442
Article 442 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
Renunciation not being presumed, it must be expressly made at the registry of the sénéchaussée in the district where the succession was opened, in a...
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Renunciation not being presumed, it must be expressly made at the registry of the sénéchaussée in the district where the succession was opened, in a special register kept for that purpose.

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443
Article 443 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir who renounces is deemed to have never been an heir.
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The heir who renounces is deemed to have never been an heir.

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444
Article 444 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The share of the renouncing heir accrues to his co-heirs; if he is the sole heir, it devolves to the next degree.
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The share of the renouncing heir accrues to his co-heirs; if he is the sole heir, it devolves to the next degree.

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445
Article 445 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
One cannot represent an heir who has renounced; if the renouncing heir is the sole heir of his degree, or if all his co-heirs renounce,...
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One cannot represent an heir who has renounced; if the renouncing heir is the sole heir of his degree, or if all his co-heirs renounce, the children come in their own right and succeed per capita.

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446
Article 446 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
Creditors may obtain judicial authorization to accept the succession on behalf of, and in place of, the debtor who renounced to the prejudice of their...
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Creditors may obtain judicial authorization to accept the succession on behalf of, and in place of, the debtor who renounced to the prejudice of their rights. In this case, the renunciation is annulled only in favor of the creditors, and only to the extent of their claims, and not for the benefit of the renouncing heir.

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447
Article 447 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
No one may, even by marriage contract, renounce the succession of a living person, nor alienate the eventual rights he may have to that succession.
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No one may, even by marriage contract, renounce the succession of a living person, nor alienate the eventual rights he may have to that succession.

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448
Article 448 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
Heirs are deprived of the right to renounce a succession from which they have diverted or concealed any effects; they become instead unconditional heirs notwithstanding...
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Heirs are deprived of the right to renounce a succession from which they have diverted or concealed any effects; they become instead unconditional heirs notwithstanding their renunciation, and may not claim anything from the diverted or concealed objects.

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449
Article 449 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir who accepts a succession only under benefit of inventory must make his declaration at the registry of the sénéchaussée in the district where...
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The heir who accepts a succession only under benefit of inventory must make his declaration at the registry of the sénéchaussée in the district where the succession was opened, and this declaration shall be inscribed in the register designated to receive acts of renunciation.

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450
Article 450 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
This declaration has effect only insofar as it is preceded or followed by a faithful inventory and a summary statement of the succession's assets, in...
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This declaration has effect only insofar as it is preceded or followed by a faithful inventory and a summary statement of the succession's assets, in the forms regulated by the Law on Civil Procedure, and within the time limits hereafter determined.

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451
Article 451 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir has three months to make the inventory, counting from the day of the opening of the succession. He has in addition, for deliberation...
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The heir has three months to make the inventory, counting from the day of the opening of the succession. He has in addition, for deliberation on his acceptance or renunciation, a period of forty days, which begins to run from the day of the expiration of the three months given for the inventory, or from the day of its completion, if it was finished before the three months.

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452
Article 452 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir may, in his capacity as eligible to inherit, and without any inference of acceptance, obtain judicial authorization to sell perishable or expensive-to-maintain objects...
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The heir may, in his capacity as eligible to inherit, and without any inference of acceptance, obtain judicial authorization to sell perishable or expensive-to-maintain objects found in the succession. This sale is conducted by a public officer, after the notices and publications regulated by the Law on Civil Procedure.

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453
Article 453 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
During the inventory and deliberation periods, the heir cannot be compelled to assume the quality of heir, nor can any judgment be obtained against him;...
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During the inventory and deliberation periods, the heir cannot be compelled to assume the quality of heir, nor can any judgment be obtained against him; and if he renounces before or after the expiration of the periods, costs legitimately incurred by him until that time are charged to the succession.

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454
Article 454 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir may request a new extension after the expiration of those mentioned in Article 451, in the case of proceedings brought against him; this...
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The heir may request a new extension after the expiration of those mentioned in Article 451, in the case of proceedings brought against him; this extension shall be granted by the judge seized of the dispute only according to the circumstances.

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455
Article 455 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The costs of proceedings, in the cases of the preceding article, are charged to the succession if the heir proves either that he had no...
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The costs of proceedings, in the cases of the preceding article, are charged to the succession if the heir proves either that he had no knowledge of the death, or that the periods were insufficient due to the location of the assets or disputes that arose; if he does not prove this, the costs remain his personal charge.

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456
Article 456 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
After the expiration of the periods granted by Article 451, even those given by the judge under Article 454, the heir nevertheless retains the right...
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After the expiration of the periods granted by Article 451, even those given by the judge under Article 454, the heir nevertheless retains the right to make an inventory and accept under benefit of inventory, unless he has otherwise performed an act of heirship, or a final judgment exists condemning him as unconditional heir.

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457
Article 457 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The heir forfeits the benefit of inventory if he is convicted of concealment, or if he knowingly and in bad faith omitted to include succession...
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The heir forfeits the benefit of inventory if he is convicted of concealment, or if he knowingly and in bad faith omitted to include succession effects in the inventory.

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458
Article 458 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The effect of the benefit of inventory is to give the heir the advantage of: 1st. Being liable for the succession's debts only to the...
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The effect of the benefit of inventory is to give the heir the advantage of: 1st. Being liable for the succession's debts only to the extent of the value of the assets he collected, and even being able to discharge himself from debts by surrendering all succession assets to creditors and legatees; 2nd. Not commingling his personal assets with those of the succession, and retaining the right to claim payment of his own debts against it.

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459
Article 459 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The beneficiary heir being charged with administering the succession's assets renders account to the creditors and legatees, without being liable on his personal assets, except...
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The beneficiary heir being charged with administering the succession's assets renders account to the creditors and legatees, without being liable on his personal assets, except when he is in default of presenting it; and even failing to satisfy this obligation, the constraint may be exercised against him after the account settlement only to the extent of the balance he owes.

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460
Article 460 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
In the administration of these assets, he is liable for gross negligence.
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In the administration of these assets, he is liable for gross negligence.

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