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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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761
Article 761 Civil Law · De l'effet des Obligations
Contract Law
Conventions expressed in general terms can only include the things upon which it evidently appears the parties intended to contract.
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Conventions expressed in general terms can only include the things upon which it evidently appears the parties intended to contract.

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762
Article 762 Civil Law · De l'effet des Obligations
Contract Law
If a case has been expressed in a contract for the explanation of the obligation, one is not thereby deemed to have intended to restrict...
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If a case has been expressed in a contract for the explanation of the obligation, one is not thereby deemed to have intended to restrict the extent that the engagement receives by law, to cases not expressed.

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763
Article 763 Civil Law · De l'effet des Obligations
Contract Law
Conventions may bind only the contracting parties, and produce effects only against them; without being able to harm or benefit a third party, except in...
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Conventions may bind only the contracting parties, and produce effects only against them; without being able to harm or benefit a third party, except in the case provided by Article 723.

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764
Article 764 Civil Law · De l'effet des Obligations
Contract Law
Creditors may however exercise the rights and actions of their debtors, except purely personal ones; and they may, even in their own name, attack acts...
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Creditors may however exercise the rights and actions of their debtors, except purely personal ones; and they may, even in their own name, attack acts made in fraud of their rights by their debtor, subject to the rules prescribed in the Titles on Successions and Marriage Contracts.

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765
Article 765 Civil Law · Des Diverses espèces d'Obligations
Contract Law
When the effect of an obligation depends on a future and uncertain event, it is conditional; whether the effect remains suspended until the event, or...
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When the effect of an obligation depends on a future and uncertain event, it is conditional; whether the effect remains suspended until the event, or the event resolves the obligation by occurring or not.

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766
Article 766 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The condition is casual when it depends on chance and in no way on the power of the creditor or debtor; It is potestative when...
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The condition is casual when it depends on chance and in no way on the power of the creditor or debtor;

It is potestative when the performance of the obligation depends on an event that one or the other of the contracting parties has the power to bring about or prevent;

And it is mixed when it depends both on the will of one of the parties and on that of a third party.

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767
Article 767 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Null by operation of law is every obligation contracted with a condition of an impossible thing, or contrary to good morals, or prohibited by law;...
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Null by operation of law is every obligation contracted with a condition of an impossible thing, or contrary to good morals, or prohibited by law; except the condition not to do an impossible thing, which shall not render null the obligation under which it was contracted.

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768
Article 768 Civil Law · Des Diverses espèces d'Obligations
Contract Law
When a purely potestative condition has been contracted on the part of the one who binds himself, the obligation is null.
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When a purely potestative condition has been contracted on the part of the one who binds himself, the obligation is null.

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769
Article 769 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Conditions must be fulfilled by the contracting parties in the manner they presumably intended and understood them to be fulfilled.
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Conditions must be fulfilled by the contracting parties in the manner they presumably intended and understood them to be fulfilled.

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770
Article 770 Civil Law · Des Diverses espèces d'Obligations
Contract Law
If the obligation is contracted with a fixed time at which the event suspending its effect must occur, the condition shall be deemed to have...
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If the obligation is contracted with a fixed time at which the event suspending its effect must occur, the condition shall be deemed to have failed only when that time has expired without the event having occurred; if no time is fixed, the condition may always be fulfilled, and shall be deemed failed only when it is certain that the event will not occur.

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771
Article 771 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The obligation contracted under the condition that an event shall not occur within a fixed time is fulfilled upon the expiration of that time without...
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The obligation contracted under the condition that an event shall not occur within a fixed time is fulfilled upon the expiration of that time without the event having occurred, or if before the term it is certain the event will not occur; if the time is not determined by the convention, it cannot be deemed fulfilled until it is certain that the event will not occur.

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772
Article 772 Civil Law · Des Diverses espèces d'Obligations
Contract Law
If the debtor has prevented the fulfillment of the condition under which he bound himself, it shall be deemed fulfilled.
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If the debtor has prevented the fulfillment of the condition under which he bound himself, it shall be deemed fulfilled.

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773
Article 773 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The fulfillment of a condition imposed with an obligation has retroactive effect; the rights and actions are acquired from the day the obligation was contracted;...
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The fulfillment of a condition imposed with an obligation has retroactive effect; the rights and actions are acquired from the day the obligation was contracted; thus the rights of a creditor who died before fulfillment pass to his heir.

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774
Article 774 Civil Law · Des Diverses espèces d'Obligations
Contract Law
All conservatory acts may be taken by creditors before the fulfillment of the convention.
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All conservatory acts may be taken by creditors before the fulfillment of the convention.

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775
Article 775 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The obligation is contracted under a suspensive condition when it depends either on a future and uncertain event, or on an event that has already...
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The obligation is contracted under a suspensive condition when it depends either on a future and uncertain event, or on an event that has already occurred but is not yet known to the parties.

In the first case, the obligation shall be performed only after the event.

In the second, it takes effect from the day it was contracted.

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776
Article 776 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The obligation to deliver a thing under a suspensive condition leaves that thing at the risk of the one who bound himself to deliver it,...
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The obligation to deliver a thing under a suspensive condition leaves that thing at the risk of the one who bound himself to deliver it, in the event the condition is fulfilled.

If, without fault of the debtor, the thing has entirely perished, the obligation is extinguished; and if it has deteriorated also without his fault, the creditor shall have the choice either to resolve the obligation or to demand the thing in its current state without reduction of price; but if it deteriorated through the debtor's fault, the creditor would then have the right to resolve the obligation or to demand the thing in its current state, with damages and interest.

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777
Article 777 Civil Law · Des Diverses espèces d'Obligations
Contract Law
A condition is resolutory when its fulfillment operates the revocation of the obligation and restores things to the same state as before. This condition cannot...
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A condition is resolutory when its fulfillment operates the revocation of the obligation and restores things to the same state as before.

This condition cannot suspend the performance of the obligation; the creditor is only obliged to restore what he received if the specified event occurs and the obligation is revoked.

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778
Article 778 Civil Law · Des Diverses espèces d'Obligations
Contract Law
In reciprocal contracts, the resolutory condition is always implied for the case where one party does not fulfill his engagement. The contract is not resolved...
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In reciprocal contracts, the resolutory condition is always implied for the case where one party does not fulfill his engagement. The contract is not resolved by operation of law; the aggrieved party may choose to compel performance or demand resolution with damages.

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779
Article 779 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The term differs from the condition in that it does not suspend the engagement but merely delays its execution.
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The term differs from the condition in that it does not suspend the engagement but merely delays its execution.

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780
Article 780 Civil Law · Des Diverses espèces d'Obligations
Contract Law
What is due only at term cannot be demanded before the expiration of the term; but what has been paid in advance cannot be recovered.
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What is due only at term cannot be demanded before the expiration of the term; but what has been paid in advance cannot be recovered.

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