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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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521
Article 521 Civil Law · Du Partage et des Rapports
Succession Law
A co-heir may not demand that annuities specially mortgaged on succession immovables be repaid in order to free them before proceeding to form the lots;...
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A co-heir may not demand that annuities specially mortgaged on succession immovables be repaid in order to free them before proceeding to form the lots; if the co-heirs prefer to partition the succession as it stands, the encumbered immovable is appraised at the same rate as others, and the capital of the annuity is deducted from the total price of the encumbered immovable; the heir in whose lot it falls is solely charged with servicing the annuity, and must guarantee his co-heirs.

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522
Article 522 Civil Law · Du Partage et des Rapports
Succession Law
Co-heirs are liable for the debts and charges of the succession, personally for their share and virile portion, and by mortgage for the whole, subject...
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Co-heirs are liable for the debts and charges of the succession, personally for their share and virile portion, and by mortgage for the whole, subject to their recourse against their co-heirs or against universal legatees, in proportion to the share for which they must contribute.

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523
Article 523 Civil Law · Du Partage et des Rapports
Succession Law
The particular legatee whose immovable was encumbered with debts, having discharged them, is subrogated to the creditor's rights against the heirs and universal successors.
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The particular legatee whose immovable was encumbered with debts, having discharged them, is subrogated to the creditor's rights against the heirs and universal successors.

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524
Article 524 Civil Law · Du Partage et des Rapports
Succession Law
The heir or universal successor who has paid beyond his share on account of the mortgage on his lot has recourse against the other co-heirs...
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The heir or universal successor who has paid beyond his share on account of the mortgage on his lot has recourse against the other co-heirs or universal successors only for the part each must personally bear, even if the paying party obtained subrogation to the creditors' rights, without prejudice nevertheless to the rights of co-heirs under benefit of inventory, who retain the right to claim payment of their personal debt like any other creditor.

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525
Article 525 Civil Law · Du Partage et des Rapports
Succession Law
If one of the co-heirs or universal successors is insolvent, his share in the mortgage debt is distributed among all the others pro rata.
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If one of the co-heirs or universal successors is insolvent, his share in the mortgage debt is distributed among all the others pro rata.

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526
Article 526 Civil Law · Du Partage et des Rapports
Succession Law
Executory titles against the deceased are equally executory against the heir personally; nevertheless, creditors may not pursue their execution until eight days after service of...
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Executory titles against the deceased are equally executory against the heir personally; nevertheless, creditors may not pursue their execution until eight days after service of these titles upon the heir personally or at his domicile.

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527
Article 527 Civil Law · Du Partage et des Rapports
Succession Law
They may demand, in all cases and against any particular creditor of the heir, the separation of the heir's property from that of the deceased.
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They may demand, in all cases and against any particular creditor of the heir, the separation of the heir's property from that of the deceased.

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528
Article 528 Civil Law · Du Partage et des Rapports
Succession Law
This right, however, may no longer be exercised if there is novation of the debt against the deceased by the acceptance of the heir as...
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This right, however, may no longer be exercised if there is novation of the debt against the deceased by the acceptance of the heir as debtor.

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529
Article 529 Civil Law · Du Partage et des Rapports
Succession Law
It prescribes, with respect to movables, by the lapse of three years. With respect to immovables, the action may be exercised as long as they...
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It prescribes, with respect to movables, by the lapse of three years. With respect to immovables, the action may be exercised as long as they remain in the heir's possession.

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530
Article 530 Civil Law · Du Partage et des Rapports
Succession Law
The demand for separation of the heir's property from that of the succession may not be brought by his particular creditors.
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The demand for separation of the heir's property from that of the succession may not be brought by his particular creditors.

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531
Article 531 Civil Law · Du Partage et des Rapports
Succession Law
If the creditors of a co-partitioner fear that the partition may be made in fraud of their rights, they may oppose its being conducted outside...
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If the creditors of a co-partitioner fear that the partition may be made in fraud of their rights, they may oppose its being conducted outside their presence, and may even provoke and intervene in it at their expense; but they may not attack a completed partition unless it was conducted in prejudice of an opposition they had filed.

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532
Article 532 Civil Law · Du Partage et des Rapports
Succession Law
Each co-heir being deemed to have succeeded immediately only to all the effects included in his lot or accruing to him by auction, is considered...
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Each co-heir being deemed to have succeeded immediately only to all the effects included in his lot or accruing to him by auction, is considered as never having had ownership of the other effects of the succession.

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533
Article 533 Civil Law · Du Partage et des Rapports
Succession Law
Co-heirs remain mutually liable to one another as guarantors only for disturbances and evictions arising from causes prior to the partition. The guarantee ceases if...
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Co-heirs remain mutually liable to one another as guarantors only for disturbances and evictions arising from causes prior to the partition. The guarantee ceases if the co-heir suffers the eviction through his own fault; and it does not apply if the type of eviction suffered was excepted by a particular and express clause in the partition act.

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534
Article 534 Civil Law · Du Partage et des Rapports
Succession Law
Each heir is personally obliged to indemnify his co-heir, in proportion to his hereditary share, for the loss caused by the eviction. In case of...
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Each heir is personally obliged to indemnify his co-heir, in proportion to his hereditary share, for the loss caused by the eviction. In case of insolvency of one of the co-heirs, the portion he owed is equally distributed between the guaranteed party and the other solvent co-heirs.

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535
Article 535 Civil Law · Du Partage et des Rapports
Succession Law
The action for guarantee of the solvency of a debtor of an annuity may be exercised only during the five years following the partition; and...
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The action for guarantee of the solvency of a debtor of an annuity may be exercised only during the five years following the partition; and if the debtor's insolvency occurred only after the partition, there is no ground for guarantee.

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536
Article 536 Civil Law · Du Partage et des Rapports
Succession Law
Partitions may be rescinded for cause of violence or fraud, and when one of the co-heirs establishes to his detriment a lesion of more than...
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Partitions may be rescinded for cause of violence or fraud, and when one of the co-heirs establishes to his detriment a lesion of more than one-quarter. The omission of a succession object does not give rise to an action for rescission, but to a supplement to the act of partition.

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537
Article 537 Civil Law · Du Partage et des Rapports
Succession Law
Any act tending to end indivision among co-heirs, although characterized as a sale, exchange, transaction, or in any other manner, gives rise to the action...
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Any act tending to end indivision among co-heirs, although characterized as a sale, exchange, transaction, or in any other manner, gives rise to the action for rescission. This action shall not be admitted after the partition or the act replacing it, against a transaction made on real difficulties presented by the act, even if no lawsuit had been commenced on the subject.

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538
Article 538 Civil Law · Du Partage et des Rapports
Succession Law
The sale without fraud of succession rights to one of the co-heirs, at his risk and peril, by his other co-heirs or one of them,...
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The sale without fraud of succession rights to one of the co-heirs, at his risk and peril, by his other co-heirs or one of them, gives no action for rescission.

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539
Article 539 Civil Law · Du Partage et des Rapports
Succession Law
To judge whether there was lesion, the objects are valued according to their value at the time of partition.
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To judge whether there was lesion, the objects are valued according to their value at the time of partition.

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540
Article 540 Civil Law · Du Partage et des Rapports
Succession Law
One may stop the course of a rescission action and prevent a new partition by offering and furnishing to the claimant the supplement of his...
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One may stop the course of a rescission action and prevent a new partition by offering and furnishing to the claimant the supplement of his hereditary portion in money or in kind.

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