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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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1413
Article 1413 Civil Law · Du Gage
Property Law
A third party may give a pledge for the debtor.
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A third party may give a pledge for the debtor.

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1414
Article 1414 Civil Law · Du Gage
Property Law
Default of payment does not give the creditor the right to dispose of the pledge, but only to have a judge order that it remain...
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Default of payment does not give the creditor the right to dispose of the pledge, but only to have a judge order that it remain with him up to the debt amount, or to request its sale at auction. Any clause derogating from this article is null.

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1415
Article 1415 Civil Law · Du Gage
Property Law
The pledge being only a deposit securing the creditor's privilege, the debtor always remains owner until expropriated.
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The pledge being only a deposit securing the creditor's privilege, the debtor always remains owner until expropriated.

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1416
Article 1416 Civil Law · Du Gage
Property Law
If through the creditor's negligence the pledged thing is lost or deteriorates, he shall be liable according to the rules prescribed in the Title on...
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If through the creditor's negligence the pledged thing is lost or deteriorates, he shall be liable according to the rules prescribed in the Title on Conventional Obligations in general.

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1417
Article 1417 Civil Law · Du Gage
Property Law
If for the preservation of the thing, the creditor was obligated to make useful and necessary expenses, the debtor must reimburse him.
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If for the preservation of the thing, the creditor was obligated to make useful and necessary expenses, the debtor must reimburse him.

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1418
Article 1418 Civil Law · Du Gage
Property Law
If the claim given in pledge bears interest, it shall be applied against interest owed to the creditor, if his claim also bears interest; and...
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If the claim given in pledge bears interest, it shall be applied against interest owed to the creditor, if his claim also bears interest; and if it does not, it shall be applied against the capital of the debt.

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1419
Article 1419 Civil Law · Du Gage
Property Law
Before full payment of the debt, including principal, interest, and costs, the debtor has no right to reclaim the pledge given as security, unless the...
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Before full payment of the debt, including principal, interest, and costs, the debtor has no right to reclaim the pledge given as security, unless the holder abuses the pledged thing.

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1420
Article 1420 Civil Law · Du Gage
Property Law
If the debtor contracts another debt to the same creditor after the pledge, and this latter debt falls due before the first, the creditor may...
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If the debtor contracts another debt to the same creditor after the pledge, and this latter debt falls due before the first, the creditor may not be compelled to return the pledge until both debts are paid, even if no agreement assigned the pledge to the second debt.

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1421
Article 1421 Civil Law · Du Gage
Property Law
Notwithstanding the divisibility of the debt, the pledge is indivisible. Thus, as long as the debt is not entirely paid, the debtor's heir may not...
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Notwithstanding the divisibility of the debt, the pledge is indivisible. Thus, as long as the debt is not entirely paid, the debtor's heir may not reclaim the pledge even if he has paid his portion. The same applies to the creditor's heir who may not, to the prejudice of co-heirs, return the pledge when only his portion of the debt is paid.

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1422
Article 1422 Civil Law · Du Gage
Contract Law
The above provisions do not apply to commercial matters.
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The above provisions do not apply to commercial matters.

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1423
Article 1423 Civil Law · Du Mort-Gage
Property Law
This type of pledge may only be established in writing. The fruits of the immovable pledged are collected by the creditor who must apply them...
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This type of pledge may only be established in writing. The fruits of the immovable pledged are collected by the creditor who must apply them to the interest on the debt, if any is owed, and the excess to the principal.

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1424
Article 1424 Civil Law · Du Mort-Gage
Property Law
Unless it has been expressly agreed that the creditor shall not be required to pay the annual contributions and charges of the immovable, he must...
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Unless it has been expressly agreed that the creditor shall not be required to pay the annual contributions and charges of the immovable, he must pay them. The creditor is also required to make useful and necessary repairs, on penalty of damages, but may deduct all such expenses from the fruits.

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1425
Article 1425 Civil Law · Du Mort-Gage
Property Law
The creditor may always, unless he has waived this right, discharge himself from the obligations mentioned in the above article by compelling the debtor to...
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The creditor may always, unless he has waived this right, discharge himself from the obligations mentioned in the above article by compelling the debtor to resume enjoyment of his immovable.

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1426
Article 1426 Civil Law · Du Mort-Gage
Property Law
The provisions of articles 1414, 1416, 1419 and 1420 above apply to mortgage-pledge as to pledge.
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The provisions of articles 1414, 1416, 1419 and 1420 above apply to mortgage-pledge as to pledge.

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1427
Article 1427 Civil Law · Du Mort-Gage
Property Law
The stipulation that fruits shall be offset against interest, whether in whole or up to a certain amount, shall be enforced like any stipulation the...
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The stipulation that fruits shall be offset against interest, whether in whole or up to a certain amount, shall be enforced like any stipulation the law does not prohibit.

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1428
Article 1428 Civil Law · Du Mort-Gage
Property Law
The mortgage-pledge may not prejudice the rights of third parties on the immovable delivered to the creditor, and if the creditor has other properly preserved...
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The mortgage-pledge may not prejudice the rights of third parties on the immovable delivered to the creditor, and if the creditor has other properly preserved privileges or mortgages, he shall exercise them in his rank like other creditors.

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1429
Article 1429 Civil Law · Dispositions générales
Property Law
He who has personally obligated himself must fulfill his obligation; all his movable and immovable property, present and future, is affected and may be sold...
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He who has personally obligated himself must fulfill his obligation; all his movable and immovable property, present and future, is affected and may be sold if he fails; the proceeds are distributed among creditors by contribution, unless some are entitled to preference.

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1430
Article 1430 Civil Law · Dispositions générales
Property Law
Preferred creditors are the privileged and the mortgagees.
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Preferred creditors are the privileged and the mortgagees.

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1431
Article 1431 Civil Law · Des Privilèges
Property Law
The quality of the claim gives the creditor the right to be preferred over others, even over mortgagees.
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The quality of the claim gives the creditor the right to be preferred over others, even over mortgagees.

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1432
Article 1432 Civil Law · Des Privilèges
Property Law
Among the privileged, the quality of the privilege determines preference; and in case of equality, they are paid concurrently.
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Among the privileged, the quality of the privilege determines preference; and in case of equality, they are paid concurrently.

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