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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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1393
Article 1393 Civil Law
Contract Law
A settlement on a case decided without the parties' knowledge is valid if the judgment is subject to appeal; but it shall be null if...
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A settlement on a case decided without the parties' knowledge is valid if the judgment is subject to appeal; but it shall be null if the judgment is final or has the force of res judicata.

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1394
Article 1394 Civil Law
Contract Law
When a general settlement has been made on all matters the parties may have had together, and subsequently documents unknown to them are discovered, this...
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When a general settlement has been made on all matters the parties may have had together, and subsequently documents unknown to them are discovered, this discovery is not a ground for rescission, unless the documents were withheld by one of the parties.

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1395
Article 1395 Civil Law
Contract Law
A settlement having only one object shall be null if newly discovered titles establish that one of the parties had no right to it.
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A settlement having only one object shall be null if newly discovered titles establish that one of the parties had no right to it.

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1396
Article 1396 Civil Law
Contract Law
In a settlement, every calculation error must be corrected.
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In a settlement, every calculation error must be corrected.

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1397
Article 1397 Civil Law
Property Law
In civil matters, imprisonment for debt shall apply for fraud in real property matters. There are four ways of committing fraud in real property: 1st....
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In civil matters, imprisonment for debt shall apply for fraud in real property matters. There are four ways of committing fraud in real property: 1st. By selling an immovable one is certain not to own; 2nd. By placing a mortgage on such property; 3rd. By declaring property free of mortgages when it is encumbered; 4th. By declaring a lesser encumbrance than actually exists.

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1398
Article 1398 Civil Law
Property Law
Imprisonment for debt shall also apply in all the following cases: 1st. For necessary deposit; 2nd. For execution of a judgment ordering relinquishment of immovable...
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Imprisonment for debt shall also apply in all the following cases: 1st. For necessary deposit; 2nd. For execution of a judgment ordering relinquishment of immovable property forcibly taken, and for payment of fruits collected by the usurper and damages awarded; 3rd. For restitution of funds consigned with persons established for consignments; 4th. For the production or return of things deposited with sequestrators, commissioners, or guardians; 5th. For performance of obligations by judicial sureties and sureties of those subject to imprisonment; 6th. When a public officer refuses court-ordered production of records in his custody; 7th. For restitution by notaries, attorneys, and bailiffs of titles and funds received in the course of their duties.

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1399
Article 1399 Civil Law
Property Law
He who refuses to obey a judgment condemning him to relinquish an immovable, which is no longer subject to appeal, may be imprisoned by a...
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He who refuses to obey a judgment condemning him to relinquish an immovable, which is no longer subject to appeal, may be imprisoned by a second judgment rendered fifteen days after notification of the first, served personally or at domicile.

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1400
Article 1400 Civil Law
Contract Law
If imprisonment for debt has not been formally stipulated in the lease, it may not be ordered against the farmer, except for the production of...
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If imprisonment for debt has not been formally stipulated in the lease, it may not be ordered against the farmer, except for the production of livestock given to farm and agricultural implements entrusted to him, unless he proves the loss or deficit does not result from his own act.

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1401
Article 1401 Civil Law
Procedural Law
All judges are forbidden from ordering imprisonment for debt in cases other than those designated by the preceding articles, and all notaries and clerks from...
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All judges are forbidden from ordering imprisonment for debt in cases other than those designated by the preceding articles, and all notaries and clerks from receiving deeds in which it is stipulated, on penalty of nullity, costs, and damages.

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1402
Article 1402 Civil Law
Family Law
Minors may not be imprisoned for debt.
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Minors may not be imprisoned for debt.

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1403
Article 1403 Civil Law
Contract Law
For a sum less than twenty-four gourdes, imprisonment for debt may not be ordered.
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For a sum less than twenty-four gourdes, imprisonment for debt may not be ordered.

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1404
Article 1404 Civil Law
Family Law
Imprisonment may likewise not be ordered against those who have reached seventy years of age, women and girls, except for fraud in real property matters;...
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Imprisonment may likewise not be ordered against those who have reached seventy years of age, women and girls, except for fraud in real property matters; and even in this case, it requires that the women be separated in property or have free administration thereof, and that the obligations concern those same properties. If they are in community, they may not be considered as having committed real property fraud, even if they obligated themselves jointly or severally with their husbands.

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1405
Article 1405 Civil Law
Procedural Law
Imprisonment for debt may only be executed by virtue of a judgment, even in cases where the law authorizes it.
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Imprisonment for debt may only be executed by virtue of a judgment, even in cases where the law authorizes it.

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1406
Article 1406 Civil Law
Procedural Law
If a provisionally enforceable judgment, upon providing surety, has ordered imprisonment for debt, it may be executed notwithstanding appeal, without thereby suspending or preventing enforcement...
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If a provisionally enforceable judgment, upon providing surety, has ordered imprisonment for debt, it may be executed notwithstanding appeal, without thereby suspending or preventing enforcement proceedings against the debtor's property.

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1407
Article 1407 Civil Law
Procedural Law
No derogation whatsoever is made to the special laws authorizing imprisonment for debt in commercial matters, nor to correctional police laws, nor to those on...
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No derogation whatsoever is made to the special laws authorizing imprisonment for debt in commercial matters, nor to correctional police laws, nor to those on the administration of public funds.

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1408
Article 1408 Civil Law
Property Law
The thing a debtor delivers to his creditor as security for a debt is what is called pledging. There are two types: one of movable...
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The thing a debtor delivers to his creditor as security for a debt is what is called pledging. There are two types: one of movable property called pledge; the other of immovable property called mortgage-pledge.

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1409
Article 1409 Civil Law · Du Gage
Property Law
The creditor possessing the pledge is privileged, and consequently paid in preference to all creditors, on the thing pledged.
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The creditor possessing the pledge is privileged, and consequently paid in preference to all creditors, on the thing pledged.

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1410
Article 1410 Civil Law · Du Gage
Property Law
To have this privilege, however, if the sum exceeds twenty-four gourdes, the pledge contract must be drawn up in authentic writing or private writing duly...
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To have this privilege, however, if the sum exceeds twenty-four gourdes, the pledge contract must be drawn up in authentic writing or private writing duly registered, containing the type and nature of the pledged objects, or a statement of their quality, weight, and measure, and the amount of the sum owed.

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1411
Article 1411 Civil Law · Du Gage
Property Law
If the pledge object is an incorporeal movable, such as a movable claim, the creditor, to be privileged, must serve his title on the debtor...
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If the pledge object is an incorporeal movable, such as a movable claim, the creditor, to be privileged, must serve his title on the debtor of the claim given in pledge.

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1412
Article 1412 Civil Law · Du Gage
Property Law
The creditor may not claim privilege on the pledge unless it is in his possession, or that of a third party agreed upon by the...
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The creditor may not claim privilege on the pledge unless it is in his possession, or that of a third party agreed upon by the parties.

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