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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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481
Article 481 Civil Law · Du Partage et des Rapports
Succession Law
Immovables that cannot be conveniently partitioned shall be sold by auction before the judge; however, the parties, if all are of full age, may consent...
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Immovables that cannot be conveniently partitioned shall be sold by auction before the judge; however, the parties, if all are of full age, may consent to the sale being conducted before a notary of their choosing, or one appointed ex officio.

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482
Article 482 Civil Law · Du Partage et des Rapports
Succession Law
The parties shall proceed before this officer to the accounts of what they may owe one another, to the formation of the general mass, to...
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The parties shall proceed before this officer to the accounts of what they may owe one another, to the formation of the general mass, to the composition of lots, and to the distributions to be made to each co-partitioner.

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483
Article 483 Civil Law · Du Partage et des Rapports
Succession Law
Each co-heir collates to the mass the gifts made to him and the sums of which he is debtor, according to the rules hereafter established.
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Each co-heir collates to the mass the gifts made to him and the sums of which he is debtor, according to the rules hereafter established.

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484
Article 484 Civil Law · Du Partage et des Rapports
Succession Law
If the collation is not made in kind, the co-heirs to whom it is owed shall take a portion equal in value from the mass...
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If the collation is not made in kind, the co-heirs to whom it is owed shall take a portion equal in value from the mass of the succession. These deductions are made, as far as possible, in objects of the same nature, quality, and goodness as those not returned in kind.

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485
Article 485 Civil Law · Du Partage et des Rapports
Succession Law
After these deductions, what remains in the mass is divided into as many equal lots as there are co-partitioners or co-partitioning stocks.
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After these deductions, what remains in the mass is divided into as many equal lots as there are co-partitioners or co-partitioning stocks.

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486
Article 486 Civil Law · Du Partage et des Rapports
Succession Law
One must, if possible, in forming and composing the lots, avoid dividing the farms and breaking up the estates; it is proper to include in...
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One must, if possible, in forming and composing the lots, avoid dividing the farms and breaking up the estates; it is proper to include in each lot, as far as possible, the same quantity of movables, immovables, rights, or claims of the same nature and value.

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487
Article 487 Civil Law · Du Partage et des Rapports
Succession Law
Inequality of lots in kind is compensated by a return payment, either in annuity or in money.
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Inequality of lots in kind is compensated by a return payment, either in annuity or in money.

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488
Article 488 Civil Law · Du Partage et des Rapports
Succession Law
Lots are formed by the co-heir upon whom they agree, who has accepted the commission; if they do not agree on the choice, or in...
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Lots are formed by the co-heir upon whom they agree, who has accepted the commission; if they do not agree on the choice, or in case of refusal by the one named, the lots shall be formed by an expert designated by the judge-commissioner. They are then drawn by lot.

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489
Article 489 Civil Law · Du Partage et des Rapports
Succession Law
Each co-partitioner, before proceeding to the drawing of lots, is admitted to raise objections against their formation.
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Each co-partitioner, before proceeding to the drawing of lots, is admitted to raise objections against their formation.

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490
Article 490 Civil Law · Du Partage et des Rapports
Succession Law
In the subdivision to be made among co-partitioning stocks, the rules established above for the division of masses to be partitioned are observed.
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In the subdivision to be made among co-partitioning stocks, the rules established above for the division of masses to be partitioned are observed.

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491
Article 491 Civil Law · Du Partage et des Rapports
Succession Law
If disputes arise in the operations referred to a notary, he shall draw up an official record of the difficulties and the respective statements of...
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If disputes arise in the operations referred to a notary, he shall draw up an official record of the difficulties and the respective statements of the parties, and refer them to the commissioner appointed for the partition; moreover, proceedings shall follow the forms prescribed by the Law on Civil Procedure.

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492
Article 492 Civil Law · Du Partage et des Rapports
Succession Law
If there are absentees among the co-heirs, interdicted persons, or minors, even emancipated ones, the partition must be made judicially, in conformity with the rules...
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If there are absentees among the co-heirs, interdicted persons, or minors, even emancipated ones, the partition must be made judicially, in conformity with the rules prescribed in Articles 474 and following through the preceding article. If there are several minors with opposing interests in the partition, each must be given a special and separate guardian.

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493
Article 493 Civil Law · Du Partage et des Rapports
Succession Law
The auction sale, if it takes place in the case of the preceding article, may only be conducted judicially, with the formalities prescribed for the...
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The auction sale, if it takes place in the case of the preceding article, may only be conducted judicially, with the formalities prescribed for the alienation of minors' property. Third parties are always admitted to bid.

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494
Article 494 Civil Law · Du Partage et des Rapports
Succession Law
Partitions shall be definitive if made in conformity with the rules prescribed above, whether by guardians with family council authorization, by emancipated minors assisted by...
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Partitions shall be definitive if made in conformity with the rules prescribed above, whether by guardians with family council authorization, by emancipated minors assisted by their curator, or on behalf of absentees or non-present parties; they are only provisional if the prescribed rules have not been observed.

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495
Article 495 Civil Law · Du Partage et des Rapports
Succession Law
If a person, even a relative of the deceased who is not his successor, has acquired from a co-heir his succession right, that person may...
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If a person, even a relative of the deceased who is not his successor, has acquired from a co-heir his succession right, that person may be excluded from the partition, even by a single co-heir, by reimbursing the price paid.

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496
Article 496 Civil Law · Du Partage et des Rapports
Succession Law
The particular titles to the objects allotted to each co-partitioner must be delivered to him. He who has the largest share in a divided property...
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The particular titles to the objects allotted to each co-partitioner must be delivered to him. He who has the largest share in a divided property holds the titles and is obliged to make them available to his co-partitioners who have an interest, when required. All heirs choose one among them to be the depositary of the titles common to the entire inheritance, with the obligation to make them available to co-partitioners upon any request. If there is difficulty over this choice, the judge decides.

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497
Article 497 Civil Law · Du Partage et des Rapports
Succession Law
Every heir, even a beneficiary heir, coming to a succession, must collate to his co-heirs everything he received from the deceased by inter vivos donation,...
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Every heir, even a beneficiary heir, coming to a succession, must collate to his co-heirs everything he received from the deceased by inter vivos donation, directly or indirectly; he may neither retain nor claim legacies made to him by the deceased, unless these gifts and legacies were expressly made to him by preferential portion and outside the estate, or with dispensation from collation.

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498
Article 498 Civil Law · Du Partage et des Rapports
Succession Law
Gifts and legacies made, even by preferential portion, may be retained by the heir coming to partition only up to the disposable portion. The excess...
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Gifts and legacies made, even by preferential portion, may be retained by the heir coming to partition only up to the disposable portion. The excess is subject to collation. However, he who renounces the succession may retain, up to the disposable portion, the inter vivos gift, or claim the legacies made to him.

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499
Article 499 Civil Law · Du Partage et des Rapports
Succession Law
Collation must also be made by the person who is presumptive heir at the day of the opening of the succession, even though he was...
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Collation must also be made by the person who is presumptive heir at the day of the opening of the succession, even though he was not so at the time of the donation, if the donor did not expressly exempt him; except for gifts and legacies made to the child of a person who is successor at the time of the opening, which are always deemed made with exemption from collation; thus the father coming to the donor's succession is not required to collate them.

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500
Article 500 Civil Law · Du Partage et des Rapports
Succession Law
The son coming in his own right to the succession of the donor is not required to collate the gift made to his father, even...
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The son coming in his own right to the succession of the donor is not required to collate the gift made to his father, even though he accepted the succession; but if he comes only by representation, he must collate what was given to his father, even if repudiating the succession.

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