Skip to content
🇭🇹   BETA  ·  10,079 entries published  ·  89,921 entries away from the 100k milestone.       🇭🇹   BETA  ·  10,079 entries published  ·  89,921 entries away from the 100k milestone.       
You are offline — some content may not be available

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

×
841
Article 841 Civil Law · De l'Extinction des Obligations
Contract Law
Subrogation in the rights of the creditor for the benefit of the third party who pays the obligation is either conventional or legal.
Read more ▾

Subrogation in the rights of the creditor for the benefit of the third party who pays the obligation is either conventional or legal.

×
842
Article 842 Civil Law · De l'Extinction des Obligations
Contract Law
Subrogation is conventional: 1°. When the creditor subrogates in his rights, actions, privileges, or mortgages against the debtor, the third party from whom he received...
Read more ▾

Subrogation is conventional:

1°. When the creditor subrogates in his rights, actions, privileges, or mortgages against the debtor, the third party from whom he received payment; it must be made at the same time as payment and by an express clause;

2°. If the debtor, in borrowing a sum to pay his debt and to subrogate the lender in the creditor's rights, has declared both in the loan agreement and in the receipt (which must be executed before notaries) that the loan was made to effect payment, and that it was made from the funds provided by the lender. This subrogation shall be valid and shall operate without the creditor's concurrence.

×
843
Article 843 Civil Law · De l'Extinction des Obligations
Contract Law
Subrogation takes place by operation of law: 1°. When a creditor pays another creditor who would be preferred over him by reason of privileges and...
Read more ▾

Subrogation takes place by operation of law:

1°. When a creditor pays another creditor who would be preferred over him by reason of privileges and mortgages;

2°. When the purchase price of an immovable is applied to the payment of creditors who had mortgages on that property;

3°. When the debt is discharged by a person who, having an interest in freeing himself, was bound with others for the payment of that debt;

4°. When the debts of an estate are paid from the funds of the beneficiary heir.

×
844
Article 844 Civil Law · De l'Extinction des Obligations
Contract Law
The legal subrogation established by the preceding article takes effect against the debtors and sureties, and cannot prejudice the creditor who is only partially paid;...
Read more ▾

The legal subrogation established by the preceding article takes effect against the debtors and sureties, and cannot prejudice the creditor who is only partially paid; he retains the exercise of his rights for the remainder of his debt, in preference to the one who made the partial payment.

×
845
Article 845 Civil Law · De l'Extinction des Obligations
Contract Law
A debtor of several debts may, when paying, declare which one he intends to discharge. If the debt bears interest or produces arrears, the debtor...
Read more ▾

A debtor of several debts may, when paying, declare which one he intends to discharge. If the debt bears interest or produces arrears, the debtor may not, without the creditor's consent, apply his payment to the capital, and even a payment made on capital and interest that is not full must be applied first to the interest.

×
846
Article 846 Civil Law · De l'Extinction des Obligations
Contract Law
If the debt bears interest or produces arrears, the debtor may not, without the creditor's consent, apply his payment to the capital; and even a...
Read more ▾

If the debt bears interest or produces arrears, the debtor may not, without the creditor's consent, apply his payment to the capital; and even a payment made on capital and interest that is not complete must be applied first to the interest.

×
847
Article 847 Civil Law · De l'Extinction des Obligations
Contract Law
If the debtor of various debts accepts a receipt from the creditor that applies what he received specifically to one of the debts, that debtor...
Read more ▾

If the debtor of various debts accepts a receipt from the creditor that applies what he received specifically to one of the debts, that debtor may no longer request that it be applied to another, unless there was surprise or fraud on the part of the creditor.

×
848
Article 848 Civil Law · De l'Extinction des Obligations
Contract Law
Payment shall be applied, if the receipt does not designate it, to the debt the debtor had the most interest in discharging among those due,...
Read more ▾

Payment shall be applied, if the receipt does not designate it, to the debt the debtor had the most interest in discharging among those due, or to the one that is due if there is only one, even if it is less onerous than those not yet due.

Debts being of the same nature, application shall be made to the oldest; and all things being equal, it is made proportionally.

×
849
Article 849 Civil Law · De l'Extinction des Obligations
Contract Law
If the creditor refuses payment, the debtor has the right to make a formal tender; and if the creditor refuses to accept, to deposit the...
Read more ▾

If the creditor refuses payment, the debtor has the right to make a formal tender; and if the creditor refuses to accept, to deposit the sum or thing offered.

Such formal tender, followed by deposit, takes the place of payment with respect to the debtor and discharges him, if validly made; the thing so deposited then remains at the creditor's risk.

×
850
Article 850 Civil Law · De l'Extinction des Obligations
Contract Law
For the validity of formal tender, it is required: 1°. That it be made to a creditor capable of receiving, or to one who has...
Read more ▾

For the validity of formal tender, it is required:

1°. That it be made to a creditor capable of receiving, or to one who has authority for him;
2°. That the person making it be capable of paying;
3°. That it include not only the full amount of the sum due, but also arrears or interest owed, liquidated costs, and a sum for costs not yet liquidated, subject to adjustment if insufficient;
4°. That the term for payment has expired, if stipulated in favor of the creditor;
5°. That if the debt is conditional, the condition has been fulfilled;
6°. That it be made at the place agreed for payment; if none was stipulated, then to the creditor in person, or at his domicile, or at the elected domicile for performance of the convention;
7°. That it be made by a ministerial officer qualified for such acts.

×
851
Article 851 Civil Law · De l'Extinction des Obligations
Contract Law
The deposit, to be valid, need not be authorized by a judge; it suffices: 1°. That it be preceded by a formal notice served on...
Read more ▾

The deposit, to be valid, need not be authorized by a judge; it suffices:

1°. That it be preceded by a formal notice served on the creditor, containing the day, hour, and place where the offered thing shall be deposited;

2°. That upon delivering the thing, with interest up to the moment of deposit, at the place designated by law for deposits, the debtor be divested of what he offered;

3°. That the record drawn up by the ministerial officer mention the nature of the sums offered, the creditor's refusal to receive or his non-appearance, and finally the deposit;

4°. That in case of the creditor's non-appearance, the record of deposit be served on him with notice to retrieve the deposited thing.

×
852
Article 852 Civil Law · De l'Extinction des Obligations
Contract Law
The costs occasioned by the formal tender and deposit shall be borne by the creditor, if they are valid.
Read more ▾

The costs occasioned by the formal tender and deposit shall be borne by the creditor, if they are valid.

×
853
Article 853 Civil Law · De l'Extinction des Obligations
Contract Law
Until the moment of acceptance of the deposit by the creditor, the debtor may withdraw the deposited thing; if he does so, his co-debtors or...
Read more ▾

Until the moment of acceptance of the deposit by the creditor, the debtor may withdraw the deposited thing; if he does so, his co-debtors or sureties shall not be discharged.

×
854
Article 854 Civil Law · De l'Extinction des Obligations
Contract Law
The debtor is no longer permitted to withdraw his deposit, even with the creditor's consent, to the prejudice of his co-debtors or sureties; if his...
Read more ▾

The debtor is no longer permitted to withdraw his deposit, even with the creditor's consent, to the prejudice of his co-debtors or sureties; if his tender or deposit has been declared good and valid by a judgment that has acquired the force of res judicata, which he himself obtained.

×
855
Article 855 Civil Law · De l'Extinction des Obligations
Contract Law
The creditor who consents that the debtor withdraw his deposit has a mortgage for his debt only from the day when the act establishing his...
Read more ▾

The creditor who consents that the debtor withdraw his deposit has a mortgage for his debt only from the day when the act establishing his consent is vested with the forms required to carry the mortgage that was attached to his debt; the debtor being discharged by the judgment having acquired the force of res judicata, which declares the deposit valid.

×
856
Article 856 Civil Law · De l'Extinction des Obligations
Contract Law
If what is owed is a specific thing, deliverable at the place where it is located, the creditor must be summoned to remove it, by...
Read more ▾

If what is owed is a specific thing, deliverable at the place where it is located, the creditor must be summoned to remove it, by an act the debtor shall have served on him in person, or at his domicile, or at the one elected for the performance of the convention. If after the notice the creditor does not remove the thing, the debtor may obtain permission from the judge to place it in deposit elsewhere, if he needs the place where it is located.

×
857
Article 857 Civil Law · De l'Extinction des Obligations
Contract Law
The surrender by a debtor unable to pay his debts of all his property is what is called cessio bonorum; it is either voluntary or...
Read more ▾

The surrender by a debtor unable to pay his debts of all his property is what is called cessio bonorum; it is either voluntary or judicial.

×
858
Article 858 Civil Law · De l'Extinction des Obligations
Contract Law
Voluntary cession is that accepted voluntarily by the creditors; it can have no other effects than those resulting from the stipulations of the contract between...
Read more ▾

Voluntary cession is that accepted voluntarily by the creditors; it can have no other effects than those resulting from the stipulations of the contract between them and the debtor.

×
859
Article 859 Civil Law · De l'Extinction des Obligations
Contract Law
Judicial cession of goods is a benefit granted by law to the unfortunate but good-faith debtor, which permits him to make in court, in order...
Read more ▾

Judicial cession of goods is a benefit granted by law to the unfortunate but good-faith debtor, which permits him to make in court, in order to have his personal liberty, the surrender of his goods to his creditors, notwithstanding any stipulation to the contrary.

×
860
Article 860 Civil Law · De l'Extinction des Obligations
Contract Law
This cession does not give the creditors ownership of the goods; it gives them only the right to have them sold for their benefit and...
Read more ▾

This cession does not give the creditors ownership of the goods; it gives them only the right to have them sold for their benefit and to collect the revenues until the sale.

1 … 41 42 43 44 45 … 151