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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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861
Article 861 Civil Law · De l'Extinction des Obligations
Contract Law
Judicial cession cannot be refused by creditors except in cases excepted by law. It effects the discharge from imprisonment for debt; but the debtor is...
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Judicial cession cannot be refused by creditors except in cases excepted by law.

It effects the discharge from imprisonment for debt; but the debtor is released only up to the value of the goods surrendered; if they are insufficient to discharge him entirely, he shall be obligated to surrender, until full payment, all goods that may come to him.

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862
Article 862 Civil Law · De l'Extinction des Obligations
Contract Law
The voluntary delivery by the creditor to the debtor of the original private title constitutes proof of the debtor's release; delivery of the engrossed copy...
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The voluntary delivery by the creditor to the debtor of the original private title constitutes proof of the debtor's release; delivery of the engrossed copy merely raises a presumption of payment or release, subject to proof to the contrary.

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863
Article 863 Civil Law · De l'Extinction des Obligations
Contract Law
If the return of the original under private signature, or of the engrossed copy of the title, has been made to one of the solidary...
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If the return of the original under private signature, or of the engrossed copy of the title, has been made to one of the solidary debtors, it benefits his co-debtors.

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864
Article 864 Civil Law · De l'Extinction des Obligations
Contract Law
The creditor who has not expressly reserved his rights against the solidary debtors, in granting release or conventional discharge to one of them, releases them...
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The creditor who has not expressly reserved his rights against the solidary debtors, in granting release or conventional discharge to one of them, releases them all; in case of reservation, he may demand the debt from the other debtors only with deduction of the share of the one to whom he granted the release.

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865
Article 865 Civil Law · De l'Extinction des Obligations
Contract Law
Although things given as pledge have been returned, this is not sufficient to create a presumption of release of the debt.
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Although things given as pledge have been returned, this is not sufficient to create a presumption of release of the debt.

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866
Article 866 Civil Law · De l'Extinction des Obligations
Contract Law
Sureties are discharged by the conventional release or remittance made to the principal debtor; but release made to one of the sureties does not discharge...
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Sureties are discharged by the conventional release or remittance made to the principal debtor; but release made to one of the sureties does not discharge either the principal debtor or the other sureties.

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867
Article 867 Civil Law · De l'Extinction des Obligations
Contract Law
Everything given to the creditor by one of the sureties for the discharge of his suretyship is applied to the debt and must benefit the...
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Everything given to the creditor by one of the sureties for the discharge of his suretyship is applied to the debt and must benefit the debtor and the other sureties.

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868
Article 868 Civil Law · De l'Extinction des Obligations
Contract Law
When two persons are debtors to each other, a set-off takes place which, in the manner and cases hereafter, extinguishes the debts.
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When two persons are debtors to each other, a set-off takes place which, in the manner and cases hereafter, extinguishes the debts.

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869
Article 869 Civil Law · De l'Extinction des Obligations
Contract Law
Set-off operates without the debtors' knowledge; its force coming from the law, it occurs by full right; thus the two debts are reciprocally extinguished at...
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Set-off operates without the debtors' knowledge; its force coming from the law, it occurs by full right; thus the two debts are reciprocally extinguished at the moment they existed together, only to the extent of their respective amounts.

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870
Article 870 Civil Law · De l'Extinction des Obligations
Contract Law
There can be no compensation except between two debts having as their object a certain quantity of fungible things of the same kind, which are...
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There can be no compensation except between two debts having as their object a certain quantity of fungible things of the same kind, which are equally liquidated, or a sum of money.

What is owed in grain or uncontested commodities, the price of which is set by commerce, may be offset against liquidated and due sums.

A period of grace does not prevent compensation.

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871
Article 871 Civil Law · De l'Extinction des Obligations
Contract Law
Whatever the cause of the two debts, compensation shall take place, except in the case of: 1°. A claim for restitution of a thing of...
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Whatever the cause of the two debts, compensation shall take place, except in the case of:

1°. A claim for restitution of a thing of which the owner was unjustly dispossessed;

2°. A claim for restitution of a deposit or a loan for use;

3°. A debt having as its cause maintenance declared unseizable.

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872
Article 872 Civil Law · De l'Extinction des Obligations
Contract Law
Compensation of what is owed by the creditor to the principal debtor may be invoked by the surety; but what is owed to the surety...
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Compensation of what is owed by the creditor to the principal debtor may be invoked by the surety; but what is owed to the surety by the creditor may not be invoked by the principal debtor; likewise, a solidary debtor may not invoke what the creditor owes to his co-debtor.

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873
Article 873 Civil Law · De l'Extinction des Obligations
Contract Law
The unconditional acceptance of an assignment by a creditor of his rights to a third party deprives the debtor of the exercise of the right...
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The unconditional acceptance of an assignment by a creditor of his rights to a third party deprives the debtor of the exercise of the right of compensation, which he cannot invoke against the assignee for what is owed to him by the assignor, as he could have done before acceptance.

If the assignment was not accepted by the debtor but only served on him, it shall prevent only the compensation of debts arising after such service.

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874
Article 874 Civil Law · De l'Extinction des Obligations
Contract Law
The two debts not being payable at the same place, compensation may be invoked only by accounting for the costs of remittance.
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The two debts not being payable at the same place, compensation may be invoked only by accounting for the costs of remittance.

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875
Article 875 Civil Law · De l'Extinction des Obligations
Contract Law
For compensation, if there are several compensable debts, the same rules prescribed for imputation, article 848, shall be followed.
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For compensation, if there are several compensable debts, the same rules prescribed for imputation, article 848, shall be followed.

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876
Article 876 Civil Law · De l'Extinction des Obligations
Contract Law
Compensation does not prejudice the rights acquired by a third party; thus it cannot be invoked by a debtor who has become a creditor since...
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Compensation does not prejudice the rights acquired by a third party; thus it cannot be invoked by a debtor who has become a creditor since the attachment made by a third party in his hands, to the prejudice of the attaching creditor.

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877
Article 877 Civil Law · De l'Extinction des Obligations
Contract Law
The debtor who has discharged a debt extinguished by operation of law through compensation may no longer, to the prejudice of third parties, by exercising...
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The debtor who has discharged a debt extinguished by operation of law through compensation may no longer, to the prejudice of third parties, by exercising the rights of the claim against which he did not invoke compensation, avail himself of the privileges or mortgages attached thereto, unless he had just cause to be unaware of the claim that should have compensated his debt.

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878
Article 878 Civil Law · De l'Extinction des Obligations
Contract Law
The union of the qualities of creditor and debtor in the same person effects a confusion of right and extinguishes both claims.
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The union of the qualities of creditor and debtor in the same person effects a confusion of right and extinguishes both claims.

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879
Article 879 Civil Law · De l'Extinction des Obligations
Contract Law
Confusion effected in the person of the principal debtor benefits his sureties; That in the person of the surety does not extinguish the principal obligation;...
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Confusion effected in the person of the principal debtor benefits his sureties;

That in the person of the surety does not extinguish the principal obligation; and that effected in the person of the creditor benefits his solidary co-debtors only for the portion for which he was a debtor.

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880
Article 880 Civil Law · De l'Extinction des Obligations
Contract Law
Novation operates in three ways: 1st. By the debtor contracting a new debt toward the creditor substituted for the old, which is extinguished; 2nd. By...
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Novation operates in three ways: 1st. By the debtor contracting a new debt toward the creditor substituted for the old, which is extinguished; 2nd. By the creditor accepting a new debtor in place of the old, whom he discharges; 3rd. By an engagement substituting a new creditor for the old, toward whom the debtor is discharged.

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