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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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741
Article 741 Civil Law · De l'effet des Obligations
Contract Law
One is placed in default of delivering or doing a thing, either by a formal demand or equivalent act, or by the effect of the...
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One is placed in default of delivering or doing a thing, either by a formal demand or equivalent act, or by the effect of the convention, when it is stipulated that the debtor is in default by the mere expiration of the term.

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742
Article 742 Civil Law · De l'effet des Obligations
Contract Law
What concerns obligations to give or deliver an immovable is regulated under the Titles on the Contract of Sale and on Privileges and Mortgages.
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What concerns obligations to give or deliver an immovable is regulated under the Titles on the Contract of Sale and on Privileges and Mortgages.

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743
Article 743 Civil Law · De l'effet des Obligations
Contract Law
If the thing one is obligated to give or deliver to two persons successively is purely movable, the one of the two who has been...
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If the thing one is obligated to give or deliver to two persons successively is purely movable, the one of the two who has been placed in actual possession is preferred and remains the owner, even if that person's title is later in date, provided the possession is in good faith.

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744
Article 744 Civil Law · De l'effet des Obligations
Contract Law
Every obligation to do or not to do resolves into damages in case of non-performance; the creditor may however request authorization to destroy at the...
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Every obligation to do or not to do resolves into damages in case of non-performance; the creditor may however request authorization to destroy at the debtor's expense what was done in violation of the engagement, without prejudice to damages.

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745
Article 745 Civil Law · De l'effet des Obligations
Contract Law
In case of non-performance of the convention by the debtor, the creditor may be authorized to have the obligation performed himself at the debtor's expense.
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In case of non-performance of the convention by the debtor, the creditor may be authorized to have the obligation performed himself at the debtor's expense.

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746
Article 746 Civil Law · De l'effet des Obligations
Contract Law
Whoever violates an obligation not to do something owes damages and interest by the mere fact of the violation.
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Whoever violates an obligation not to do something owes damages and interest by the mere fact of the violation.

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747
Article 747 Civil Law · De l'effet des Obligations
Contract Law
The debtor owes damages and interest when, after formal demand, he has not fulfilled his obligation, or if the thing he was obligated to give...
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The debtor owes damages and interest when, after formal demand, he has not fulfilled his obligation, or if the thing he was obligated to give or do could only be given or done within a certain time that he has allowed to pass.

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748
Article 748 Civil Law · De l'effet des Obligations
Contract Law
He shall be condemned, if appropriate, to damages and interest whenever he cannot justify that the non-performance results from a cause that cannot be attributed...
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He shall be condemned, if appropriate, to damages and interest whenever he cannot justify that the non-performance results from a cause that cannot be attributed to him, even if he acted in good faith.

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749
Article 749 Civil Law · De l'effet des Obligations
Contract Law
If by accident or force majeure the debtor could not fulfill his obligation to give or do what he was bound to, or has done...
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If by accident or force majeure the debtor could not fulfill his obligation to give or do what he was bound to, or has done what was forbidden to him, no damages and interest may be claimed.

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750
Article 750 Civil Law · De l'effet des Obligations
Contract Law
In general, damages owed to the creditor consist of the loss he suffers and the gain of which he is deprived, subject to the exceptions...
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In general, damages owed to the creditor consist of the loss he suffers and the gain of which he is deprived, subject to the exceptions and modifications hereafter.

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751
Article 751 Civil Law · De l'effet des Obligations
Contract Law
When, without fraud on the debtor's part, his obligation was not performed, he is liable only for damages that were foreseen or foreseeable at the...
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When, without fraud on the debtor's part, his obligation was not performed, he is liable only for damages that were foreseen or foreseeable at the time of the contract.

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752
Article 752 Civil Law · De l'effet des Obligations
Contract Law
For non-performance resulting from the debtor's fraud, damages shall include, with respect to the creditor's loss and lost gain, only what is an immediate and...
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For non-performance resulting from the debtor's fraud, damages shall include, with respect to the creditor's loss and lost gain, only what is an immediate and direct consequence of the non-performance.

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753
Article 753 Civil Law · De l'effet des Obligations
Contract Law
If in case of non-performance of the convention, a fixed sum has been stipulated for damages and interest, neither a greater nor a lesser amount...
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If in case of non-performance of the convention, a fixed sum has been stipulated for damages and interest, neither a greater nor a lesser amount may be awarded.

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754
Article 754 Civil Law · De l'effet des Obligations
Contract Law
Damages and interest resulting from delay in performing obligations to pay a certain sum can only consist of the legal rate of interest, subject to...
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Damages and interest resulting from delay in performing obligations to pay a certain sum can only consist of the legal rate of interest, subject to particular rules for commerce and suretyship.

These damages and interest are due without the creditor having to prove any loss; but they run only from the day of the demand, except where the law makes them run automatically.

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755
Article 755 Civil Law · De l'effet des Obligations
Contract Law
For accrued interest on capital to itself produce interest, at least one year's interest must be owed, and either a judicial demand must have been...
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For accrued interest on capital to itself produce interest, at least one year's interest must be owed, and either a judicial demand must have been made or a special agreement must exist.

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756
Article 756 Civil Law · De l'effet des Obligations
Contract Law
Nevertheless, accrued revenues such as farm rents, leases, arrears of perpetual or life annuities, produce interest from the day of demand or of the agreement....
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Nevertheless, accrued revenues such as farm rents, leases, arrears of perpetual or life annuities, produce interest from the day of demand or of the agreement.

The same applies to restitutions of fruits, and to interest paid by a third party to the creditor on behalf of the debtor.

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757
Article 757 Civil Law · De l'effet des Obligations
Contract Law
Instead of stopping at the literal meaning of the terms in interpreting conventions, one must seek the common intention of the parties.
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Instead of stopping at the literal meaning of the terms in interpreting conventions, one must seek the common intention of the parties.

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758
Article 758 Civil Law · De l'effet des Obligations
Contract Law
Clauses capable of two meanings must always be understood in the sense in which they can have some effect, and terms capable of two meanings...
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Clauses capable of two meanings must always be understood in the sense in which they can have some effect, and terms capable of two meanings shall be taken in the sense most suited to the nature of the contract.

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759
Article 759 Civil Law · De l'effet des Obligations
Contract Law
All ambiguous clauses must be interpreted according to the custom of the parish where the contract was made, if the custom is constant and has...
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All ambiguous clauses must be interpreted according to the custom of the parish where the contract was made, if the custom is constant and has not varied.

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760
Article 760 Civil Law · De l'effet des Obligations
Contract Law
Convention clauses are interpreted by reference to each other, giving each the meaning that necessarily results from the entire act; in doubt, they shall be...
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Convention clauses are interpreted by reference to each other, giving each the meaning that necessarily results from the entire act; in doubt, they shall be interpreted in favor of the party subject to the obligation, against the one who stipulated it.

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