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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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881
Article 881 Civil Law · De l'Extinction des Obligations
Contract Law
Novation operates only between persons capable of contracting.
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Novation operates only between persons capable of contracting.

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882
Article 882 Civil Law · De l'Extinction des Obligations
Contract Law
The intention to effect novation must clearly result from the act, because it cannot be presumed.
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The intention to effect novation must clearly result from the act, because it cannot be presumed.

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883
Article 883 Civil Law · De l'Extinction des Obligations
Contract Law
By the substitution of a new debtor, novation may be effected without the concurrence of the first.
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By the substitution of a new debtor, novation may be effected without the concurrence of the first.

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884
Article 884 Civil Law · De l'Extinction des Obligations
Contract Law
Novation is not effected by the delegation that a debtor makes to the creditor of another debtor, even if that other debtor has bound himself...
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Novation is not effected by the delegation that a debtor makes to the creditor of another debtor, even if that other debtor has bound himself to the creditor, unless the creditor has expressly declared that he discharges his debtor who made the delegation.

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885
Article 885 Civil Law · De l'Extinction des Obligations
Contract Law
The debtor discharged by the creditor who accepted the delegation may no longer be pursued by him if the delegated debtor becomes insolvent, without an...
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The debtor discharged by the creditor who accepted the delegation may no longer be pursued by him if the delegated debtor becomes insolvent, without an express reservation in the act, or unless the delegated debtor was already in open bankruptcy or about to fail at the time of the delegation.

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886
Article 886 Civil Law · De l'Extinction des Obligations
Contract Law
The indication by the debtor of a person who is to pay in his place cannot effect novation, just as the indication by the creditor...
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The indication by the debtor of a person who is to pay in his place cannot effect novation, just as the indication by the creditor of a person who is to receive for him cannot do so.

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887
Article 887 Civil Law · De l'Extinction des Obligations
Contract Law
For the privileges and mortgages of the former claim to pass to the one substituted for it, the creditor must have expressly reserved them.
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For the privileges and mortgages of the former claim to pass to the one substituted for it, the creditor must have expressly reserved them.

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888
Article 888 Civil Law · De l'Extinction des Obligations
Contract Law
The original privileges and mortgages of the novated claim, upon substitution of a new debtor, do not pass onto the property of the new debtor.
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The original privileges and mortgages of the novated claim, upon substitution of a new debtor, do not pass onto the property of the new debtor.

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889
Article 889 Civil Law · De l'Extinction des Obligations
Contract Law
If novation has been effected only between the creditor and one of the solidary debtors, the privileges and mortgages of the former claim may be...
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If novation has been effected only between the creditor and one of the solidary debtors, the privileges and mortgages of the former claim may be reserved only on the property of the one who contracted the new debt.

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890
Article 890 Civil Law · De l'Extinction des Obligations
Contract Law
Novation effected between one of the solidary debtors and the creditor releases all co-debtors; likewise, novation effected with regard to the principal debtor benefits and...
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Novation effected between one of the solidary debtors and the creditor releases all co-debtors; likewise, novation effected with regard to the principal debtor benefits and releases the sureties.

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891
Article 891 Civil Law · De l'Extinction des Obligations
Contract Law
If the obligation's object is a specific and determined thing that has perished, been removed from commerce, or is lost so that its existence is...
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If the obligation's object is a specific and determined thing that has perished, been removed from commerce, or is lost so that its existence is absolutely unknown, the obligation is extinguished; provided it perished without the debtor's fault and before default. Even a debtor in default is freed if not charged with unforeseeable events, and if the thing would have perished with the creditor. The loss of a stolen thing does not excuse the thief from restitution.

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892
Article 892 Civil Law · De l'Extinction des Obligations
Contract Law
If the debtor of the thing that perished, was placed outside of commerce, or was lost without his fault, has rights or actions to exercise...
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If the debtor of the thing that perished, was placed outside of commerce, or was lost without his fault, has rights or actions to exercise for indemnity with respect to that thing, he shall be bound to assign them to his creditor.

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893
Article 893 Civil Law · De l'Extinction des Obligations
Contract Law
The action for nullity or rescission of a convention lasts ten years, unless a particular law limits it to a shorter time. This period runs:...
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The action for nullity or rescission of a convention lasts ten years, unless a particular law limits it to a shorter time. This period runs: for error or fraud, from the day of discovery; for violence, from the day it ceased; for acts of unauthorized married women in community, from the dissolution of the marriage; for interdicted persons, from the lifting of interdiction; for minors, from the age of majority.

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894
Article 894 Civil Law · De l'Extinction des Obligations
Contract Law
The action for rescission lies in favor of the unemancipated minor, for simple lesion against all kinds of conventions, and in favor of the emancipated...
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The action for rescission lies in favor of the unemancipated minor, for simple lesion against all kinds of conventions, and in favor of the emancipated minor, against conventions that exceed the limits of his capacity, as determined in the Title on Guardianship.

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895
Article 895 Civil Law · De l'Extinction des Obligations
Contract Law
If the lesion results from a casual and unforeseen event, the minor may not be restored.
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If the lesion results from a casual and unforeseen event, the minor may not be restored.

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896
Article 896 Civil Law · De l'Extinction des Obligations
Contract Law
A declaration of majority made by the minor shall not bar his restitution.
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A declaration of majority made by the minor shall not bar his restitution.

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897
Article 897 Civil Law · De l'Extinction des Obligations
Contract Law
Not subject to restitution is the minor who is a merchant, banker, or artisan, against engagements taken by reason of his trade or art.
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Not subject to restitution is the minor who is a merchant, banker, or artisan, against engagements taken by reason of his trade or art.

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898
Article 898 Civil Law · De l'Extinction des Obligations
Contract Law
The minor may not be admitted to bring an action for rescission against conventions contained in his marriage contract, if they were made with the...
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The minor may not be admitted to bring an action for rescission against conventions contained in his marriage contract, if they were made with the consent and assistance of those required for the validity of his marriage.

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899
Article 899 Civil Law · De l'Extinction des Obligations
Contract Law
He may not be restored against obligations resulting from his delict or quasi-delict.
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He may not be restored against obligations resulting from his delict or quasi-delict.

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900
Article 900 Civil Law · De l'Extinction des Obligations
Contract Law
Any minor who, upon reaching majority, has ratified the engagement entered into during minority, whether it was null in form or merely subject to restitution,...
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Any minor who, upon reaching majority, has ratified the engagement entered into during minority, whether it was null in form or merely subject to restitution, shall no longer be permitted to challenge it.

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