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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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1092
Article 1092 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
In addition to the causes of nullity or rescission explained in the preceding chapters, and those common to all agreements, this contract may further be...
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In addition to the causes of nullity or rescission explained in the preceding chapters, and those common to all agreements, this contract may further be rescinded for inadequacy of the price.

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1093
Article 1093 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The right of repurchase or réméré is the reservation made by the seller to take back the thing sold, by restoring the principal price, the...
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The right of repurchase or réméré is the reservation made by the seller to take back the thing sold, by restoring the principal price, the legitimate costs of the sale, necessary repairs, and those that increased the value of the property, up to the amount of that increase.

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1094
Article 1094 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The longest term for exercising the right of réméré is five years; if stipulated longer, it shall be reduced thereto; this term being strict, the...
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The longest term for exercising the right of réméré is five years; if stipulated longer, it shall be reduced thereto; this term being strict, the judge cannot extend it.

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1095
Article 1095 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The buyer becomes irrevocable owner upon expiration of the repurchase period, if the seller has not exercised his right.
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The buyer becomes irrevocable owner upon expiration of the repurchase period, if the seller has not exercised his right.

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1096
Article 1096 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The deadline runs against all persons, even against minors, subject to recourse against the appropriate party, if applicable.
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The deadline runs against all persons, even against minors, subject to recourse against the appropriate party, if applicable.

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1097
Article 1097 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
This right of réméré is exercised against the third-party possessor of the thing, by whatever title he possesses it.
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This right of réméré is exercised against the third-party possessor of the thing, by whatever title he possesses it.

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1098
Article 1098 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The buyer under a repurchase pact, representing his seller, exercises all his rights; he prescribes both against the true owner and against those who have...
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The buyer under a repurchase pact, representing his seller, exercises all his rights; he prescribes both against the true owner and against those who have rights or mortgages on the thing sold; he may even raise the benefit of discussion against his seller's creditors.

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1099
Article 1099 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
If the buyer has become the purchaser by auction provoked against him of the entirety of the estate of which he had acquired a part,...
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If the buyer has become the purchaser by auction provoked against him of the entirety of the estate of which he had acquired a part, he may oblige the seller to repurchase the whole, if the seller exercises the right of repurchase.

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1100
Article 1100 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The right of réméré for the sale of an estate common to several persons, who sold jointly and by a single contract, may only be...
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The right of réméré for the sale of an estate common to several persons, who sold jointly and by a single contract, may only be exercised by each of them for the share they held; the same applies to co-heirs, each being able to repurchase only their hereditary share in the thing sold.

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1101
Article 1101 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The buyer, in the two above cases, may require that all co-sellers or co-heirs be joined in the proceedings, for the repurchase of the entire...
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The buyer, in the two above cases, may require that all co-sellers or co-heirs be joined in the proceedings, for the repurchase of the entire estate; and if they do not agree, the claim shall be dismissed.

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1102
Article 1102 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
If the owners of an undivided estate have sold only the share or portion belonging to each of them, they may separately exercise the right...
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If the owners of an undivided estate have sold only the share or portion belonging to each of them, they may separately exercise the right of réméré on the portion that belonged to them, without the buyer being able to force the one exercising it to repurchase the whole.

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1103
Article 1103 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The right of réméré may only be exercised against the buyer's heirs for the share each heir takes in the estate, whether the acquired thing...
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The right of réméré may only be exercised against the buyer's heirs for the share each heir takes in the estate, whether the acquired thing has been divided among them or remains undivided; however, if through the partition of the buyer's estate the thing has fallen to the lot of one heir, the action may be directed against that heir for the whole.

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1104
Article 1104 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The seller reentering his estate through the right of réméré takes it free of charges and mortgages with which the buyer may have burdened it;...
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The seller reentering his estate through the right of réméré takes it free of charges and mortgages with which the buyer may have burdened it; he may only be bound to honor leases made without fraud.

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1105
Article 1105 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The express renunciation by the seller in the contract of sale of the right to have it rescinded for lesion is null; and the seller...
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The express renunciation by the seller in the contract of sale of the right to have it rescinded for lesion is null; and the seller shall retain the right to demand rescission if the lesion exceeds half the price of the immovable sold, even if he declared to give the buyer whatever the immovable might be valued beyond the contract price.

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1106
Article 1106 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The claim for lesion must be filed within two years from the day of the sale; after this deadline, it is inadmissible; it runs against...
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The claim for lesion must be filed within two years from the day of the sale; after this deadline, it is inadmissible; it runs against married women, absentees, interdicted persons, and minors claiming through an adult who sold; and this deadline is not even suspended during the term stipulated by a repurchase pact.

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1107
Article 1107 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
It is only by judicial order that one may be admitted to prove the lesion, and only in cases where the alleged facts are serious...
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It is only by judicial order that one may be admitted to prove the lesion, and only in cases where the alleged facts are serious and plausible enough to create a presumption of it.

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1108
Article 1108 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
To determine whether there is lesion of more than half, the immovable is appraised according to its condition and value at the time of sale,...
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To determine whether there is lesion of more than half, the immovable is appraised according to its condition and value at the time of sale, by three experts appointed by the parties or by the court; these experts must jointly draft a report and form a single opinion by majority vote. But if opinions differ, the report shall contain the reasons without revealing which opinion each expert held.

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1109
Article 1109 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
Once the rescission action is admitted, the buyer may at his choice either return the thing and receive back the price paid, or keep the...
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Once the rescission action is admitted, the buyer may at his choice either return the thing and receive back the price paid, or keep the property by paying the price supplement. The third-party possessor has the same right, subject to his warranty against his seller.

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1110
Article 1110 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
The buyer keeping the thing by paying the supplement as above regulated, owes interest on the supplement from the day of the rescission demand; and...
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The buyer keeping the thing by paying the supplement as above regulated, owes interest on the supplement from the day of the rescission demand; and if he does not keep it and receives the price back, he returns the fruits from the day of the same demand; but interest on the price he paid is also counted from the same day, or from the day of payment, if he received no fruits.

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1111
Article 1111 Civil Law · De la nullité et de la résolution de la Vente
Contract Law
Rescission for lesion does not apply in favor of the buyer, nor for sales made by authority of justice.
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Rescission for lesion does not apply in favor of the buyer, nor for sales made by authority of justice.

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