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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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1352
Article 1352 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Suretyship may exist only upon a valid obligation. Nevertheless, even though an obligation may be annulled on an exception purely personal to the obligor, such...
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Suretyship may exist only upon a valid obligation. Nevertheless, even though an obligation may be annulled on an exception purely personal to the obligor, such as minority, one may validly guarantee it.

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1353
Article 1353 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Suretyship contracted under more onerous conditions, or exceeding what the debtor owes, shall not be null but reduced to the principal obligation, because the surety...
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Suretyship contracted under more onerous conditions, or exceeding what the debtor owes, shall not be null but reduced to the principal obligation, because the surety may not bind himself to more than the debtor, though he may bind himself to less, such as only a portion of the debt or less onerous conditions.

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1354
Article 1354 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Without the order or will, and even without the knowledge of the debtor, one may guarantee him, as well as guarantee his surety.
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Without the order or will, and even without the knowledge of the debtor, one may guarantee him, as well as guarantee his surety.

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1355
Article 1355 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Suretyship does not extend beyond the conditions under which it is made; and as it is not presumed, it must be in writing and clearly...
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Suretyship does not extend beyond the conditions under which it is made; and as it is not presumed, it must be in writing and clearly expressed.

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1356
Article 1356 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Any indefinite suretyship extends to all accessories of the principal obligation and to costs, not only of the first demand, but those subsequent to the...
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Any indefinite suretyship extends to all accessories of the principal obligation and to costs, not only of the first demand, but those subsequent to the notification required to be made to the surety.

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1357
Article 1357 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
The heirs of the surety are bound by all his obligations, except imprisonment for debt, even if the surety had been subject to it.
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The heirs of the surety are bound by all his obligations, except imprisonment for debt, even if the surety had been subject to it.

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1358
Article 1358 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
The surety the debtor is obligated to provide must be domiciled within the jurisdiction of the superior council, be capable of contracting, and have sufficient...
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The surety the debtor is obligated to provide must be domiciled within the jurisdiction of the superior council, be capable of contracting, and have sufficient property to answer for the obligation.

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1359
Article 1359 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
Only immovables establish the surety's solvency, except for small sums or commercial matters. Litigious immovables or those difficult to discuss due to distance are not...
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Only immovables establish the surety's solvency, except for small sums or commercial matters. Litigious immovables or those difficult to discuss due to distance are not considered for the surety's solvency.

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1360
Article 1360 Civil Law · De la nature et de l'étendue du Cautionnement
Contract Law
If the surety becomes insolvent, the debtor must provide another, even though the surety was accepted voluntarily or judicially by the creditor, except where the...
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If the surety becomes insolvent, the debtor must provide another, even though the surety was accepted voluntarily or judicially by the creditor, except where the creditor designated the person he desired as surety.

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1361
Article 1361 Civil Law · Des effets du Cautionnement
Contract Law
Any surety who has not bound himself jointly with the debtor, or who has not waived the benefit of discussion, is not bound to pay...
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Any surety who has not bound himself jointly with the debtor, or who has not waived the benefit of discussion, is not bound to pay the creditor until the debtor's assets have been discussed; the surety must request this upon the first proceedings against him.

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1362
Article 1362 Civil Law · Des effets du Cautionnement
Contract Law
The surety who demands prior discussion of the principal debtor's assets must indicate them to the creditor, and advance sufficient funds for the discussion. The...
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The surety who demands prior discussion of the principal debtor's assets must indicate them to the creditor, and advance sufficient funds for the discussion. The debtor's assets indicated for discussion may not include those no longer in the debtor's possession (even if mortgaged for the debt), those in litigation, or those located outside the jurisdiction where payment is to be made.

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1363
Article 1363 Civil Law · Des effets du Cautionnement
Contract Law
If, after the surety has complied with the above article by indicating the principal debtor's assets to the creditor, the debtor becomes insolvent, the creditor...
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If, after the surety has complied with the above article by indicating the principal debtor's assets to the creditor, the debtor becomes insolvent, the creditor shall be liable to the surety up to the value of the indicated assets.

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1364
Article 1364 Civil Law · Des effets du Cautionnement
Contract Law
Several persons having guaranteed the same debtor for the same debt are each liable for the entire debt, even though they did not bind themselves...
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Several persons having guaranteed the same debtor for the same debt are each liable for the entire debt, even though they did not bind themselves jointly; however, if they have not waived the benefit of division, each may require the creditor to divide his action, so as to be pursued only for her share and portion.

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1365
Article 1365 Civil Law · Des effets du Cautionnement
Contract Law
The surety who has obtained division is proportionally liable for the insolvency of other sureties occurring before the division was pronounced; he may not be...
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The surety who has obtained division is proportionally liable for the insolvency of other sureties occurring before the division was pronounced; he may not be pursued for insolvency occurring after the division.

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1366
Article 1366 Civil Law · Des effets du Cautionnement
Contract Law
The creditor may not go back on the division of his action that he himself voluntarily consented to, even if there were insolvent sureties before...
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The creditor may not go back on the division of his action that he himself voluntarily consented to, even if there were insolvent sureties before the division.

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1367
Article 1367 Civil Law · Des effets du Cautionnement
Contract Law
The surety has recourse against the principal debtor for reimbursement of what was paid in principal and costs incurred since notification of proceedings against the...
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The surety has recourse against the principal debtor for reimbursement of what was paid in principal and costs incurred since notification of proceedings against the surety, as well as for damages, if applicable.

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1368
Article 1368 Civil Law · Des effets du Cautionnement
Contract Law
The surety who pays the debt is subrogated to the rights and actions of the creditor.
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The surety who pays the debt is subrogated to the rights and actions of the creditor.

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1369
Article 1369 Civil Law · Des effets du Cautionnement
Contract Law
Any surety of several joint debtors of the same debt has recourse against each of them for recovery of what was paid.
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Any surety of several joint debtors of the same debt has recourse against each of them for recovery of what was paid.

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1370
Article 1370 Civil Law · Des effets du Cautionnement
Contract Law
If the surety pays without notifying the principal debtor, and the debtor pays a second time, the surety loses recourse against the debtor and may...
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If the surety pays without notifying the principal debtor, and the debtor pays a second time, the surety loses recourse against the debtor and may only seek recovery against the creditor paid. The surety also loses recourse against the principal debtor if the surety paid without being pursued and without notifying the debtor, where the debtor had, at the time of payment, defenses that would have extinguished the debt, subject to the surety's recourse against the creditor.

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1371
Article 1371 Civil Law · Des effets du Cautionnement
Contract Law
In the following cases, the surety may, even without having paid the debt, take action against the principal debtor for indemnification: 1st. If pursued in...
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In the following cases, the surety may, even without having paid the debt, take action against the principal debtor for indemnification: 1st. If pursued in court for payment; 2nd. If the debtor is bankrupt or on the verge; 3rd. If the debtor is obligated to procure discharge within a set time; 4th. If the debt has become due; 5th. After ten years if no maturity date is fixed, unless the obligation by its nature cannot expire before a determined time, such as a guardianship.

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