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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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1473
Article 1473 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The third-party possessor owes accounting for fruits of the mortgaged immovable only from the day of the summons to pay or abandon; and if proceedings...
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The third-party possessor owes accounting for fruits of the mortgaged immovable only from the day of the summons to pay or abandon; and if proceedings were interrupted for one year, he owes them only from the day of the new summons.

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1474
Article 1474 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
In case of payment of the mortgage debt, abandonment of the mortgaged immovable by the third-party possessor, or forced sale he has undergone, he has...
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In case of payment of the mortgage debt, abandonment of the mortgaged immovable by the third-party possessor, or forced sale he has undergone, he has by right recourse in warranty against the principal or original debtor.

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1475
Article 1475 Civil Law · De l'extinction des Privilèges et Hypothèques
Property Law
Privileges and mortgages are extinguished: 1st. By extinction of the principal obligation; 2nd. By the creditor's renunciation of the mortgage; 3rd. By fulfillment of the...
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Privileges and mortgages are extinguished: 1st. By extinction of the principal obligation; 2nd. By the creditor's renunciation of the mortgage; 3rd. By fulfillment of the formalities and conditions prescribed for purging mortgages on property acquired by third parties.

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1476
Article 1476 Civil Law · Mode de purger les Propriétés des Privilèges et Hypothèques
Property Law
Third-party possessors wishing to purge privileges and mortgages on property they possess must have their property contracts fully transcribed by the seneschal court clerk of...
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Third-party possessors wishing to purge privileges and mortgages on property they possess must have their property contracts fully transcribed by the seneschal court clerk of the district where the property is located, in a register designated for this purpose, numbered and initialed by one of the court's judges. The clerk must give the applicant a receipt for the title submitted.

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1477
Article 1477 Civil Law · Mode de purger les Propriétés des Privilèges et Hypothèques
Property Law
If within six months from the day of transcription of the title deed, the registered privileged or mortgage creditor has not served the third-party possessor...
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If within six months from the day of transcription of the title deed, the registered privileged or mortgage creditor has not served the third-party possessor with the registration certificate of his claim, he may no longer exercise his privilege or mortgage action, and the third-party possessor shall be freed from the mortgage on the property.

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1478
Article 1478 Civil Law · Publicité des Registres, et responsabilité des Greffiers
Property Law
Every seneschal court clerk is bound to deliver copies of acts transcribed in his registers to those who request them, as well as existing registrations,...
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Every seneschal court clerk is bound to deliver copies of acts transcribed in his registers to those who request them, as well as existing registrations, or certificates that none exist.

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1479
Article 1479 Civil Law · Publicité des Registres, et responsabilité des Greffiers
Property Law
Clerks shall be liable for the prejudice their negligence may cause in the following cases: 1st. If they have not transcribed on their registers the...
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Clerks shall be liable for the prejudice their negligence may cause in the following cases: 1st. If they have not transcribed on their registers the mutation deeds and registrations requested at their offices; 2nd. If in their certificates they omitted mention of one or more existing registrations, unless in this case they erred only through insufficient designations not attributable to them.

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1480
Article 1480 Civil Law · Publicité des Registres, et responsabilité des Greffiers
Property Law
If in a registration certificate one or more registered charges were omitted, the immovable charged therewith shall be freed, and the new possessor may not...
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If in a registration certificate one or more registered charges were omitted, the immovable charged therewith shall be freed, and the new possessor may not be disturbed; subject to the creditors' right to be ranked in their proper order if the immovable's price has not been paid, or as long as the creditor distribution has not been ratified.

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1481
Article 1481 Civil Law · Publicité des Registres, et responsabilité des Greffiers
Property Law
The seneschal court clerks may not refuse or delay the registration of mortgage rights, the transcription of mutation deeds, or the delivery of requested certificates,...
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The seneschal court clerks may not refuse or delay the registration of mortgage rights, the transcription of mutation deeds, or the delivery of requested certificates, on penalty of damages to the parties; in case of refusal, a report must immediately be drawn up, at the applicants' diligence, by a public officer.

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1482
Article 1482 Civil Law · Publicité des Registres, et responsabilité des Greffiers
Property Law
The clerks must also keep a register, likewise numbered and initialed by one of the seneschal court judges, in which they shall record, day by...
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The clerks must also keep a register, likewise numbered and initialed by one of the seneschal court judges, in which they shall record, day by day and in numerical order, the submissions made to them by schedule of claims to register or mutation deeds to transcribe; the receipt they must give the applicant shall indicate the register number of the submission. Deposits, transcriptions, and registrations must be entered immediately in the registers without any blanks or interlineations, on penalty of damages to the parties.

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1483
Article 1483 Civil Law · De l'Expropriation ou Vente forcée
Property Law
The creditor has the right to demand and have ordered the sale of: 1st. Immovable property and their accessories deemed immovable, owned by the debtor;...
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The creditor has the right to demand and have ordered the sale of: 1st. Immovable property and their accessories deemed immovable, owned by the debtor; 2nd. The usufruct of such property belonging to the debtor.

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1484
Article 1484 Civil Law · De l'Expropriation ou Vente forcée
Property Law
Personal creditors of a co-heir of succession property, having the right to provoke partition or auction under article 531 of the Title on Successions, may...
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Personal creditors of a co-heir of succession property, having the right to provoke partition or auction under article 531 of the Title on Successions, may not pursue forced sale of their debtor's share while it remains undivided.

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1485
Article 1485 Civil Law · De l'Expropriation ou Vente forcée
Property Law
The movable property of minors or interdicted persons must be discussed before their immovables may be pursued for sale.
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The movable property of minors or interdicted persons must be discussed before their immovables may be pursued for sale.

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1486
Article 1486 Civil Law · De l'Expropriation ou Vente forcée
Property Law
However, the sale of immovables belonging jointly to an adult and a minor, or interdicted person, may be pursued if the debt is common to...
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However, the sale of immovables belonging jointly to an adult and a minor, or interdicted person, may be pursued if the debt is common to both, or if proceedings were commenced against an adult or before the interdiction.

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1487
Article 1487 Civil Law · De l'Expropriation ou Vente forcée
Family Law
Forced sale of immovable community property shall be pursued against the husband alone, even if the wife is obligated for the debt. For expropriation of...
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Forced sale of immovable community property shall be pursued against the husband alone, even if the wife is obligated for the debt. For expropriation of the wife's non-community immovables, both spouses must be pursued jointly; if the husband refuses or is a minor, the wife may be judicially authorized. If both are minors, or the wife alone, and the adult husband refuses, the court appoints a tutor for the wife.

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1488
Article 1488 Civil Law · De l'Expropriation ou Vente forcée
Property Law
If the property mortgaged to the creditor is insufficient for his claim, he may pursue the sale of the debtor's other property, even if not...
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If the property mortgaged to the creditor is insufficient for his claim, he may pursue the sale of the debtor's other property, even if not mortgaged to him.

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1489
Article 1489 Civil Law · De l'Expropriation ou Vente forcée
Property Law
Expropriation of immovables in different districts may only be pursued successively, unless they form part of a single exploitation; in that case, it is pursued...
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Expropriation of immovables in different districts may only be pursued successively, unless they form part of a single exploitation; in that case, it is pursued at the seneschal court where the main establishment is located, or failing that, where the highest-revenue portion is situated.

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1490
Article 1490 Civil Law · De l'Expropriation ou Vente forcée
Property Law
If the creditor's mortgaged and non-mortgaged property forms part of a single exploitation, the sale of both shall (at the debtor's request) be pursued together;...
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If the creditor's mortgaged and non-mortgaged property forms part of a single exploitation, the sale of both shall (at the debtor's request) be pursued together; and if appropriate, the adjudication price shall be apportioned.

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1491
Article 1491 Civil Law · De l'Expropriation ou Vente forcée
Property Law
The judge may suspend proceedings if the debtor offers to delegate the revenues of his immovables to the creditor, proving by authentic leases that one...
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The judge may suspend proceedings if the debtor offers to delegate the revenues of his immovables to the creditor, proving by authentic leases that one year's net revenues are sufficient to pay the debt in capital, interest, and costs. Proceedings shall continue if any opposition or obstacle to payment arises.

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1492
Article 1492 Civil Law · De l'Expropriation ou Vente forcée
Property Law
An authentic and enforceable title of a certain and liquid debt is required to have a debtor's immovables sold; for an unliquidated claim, proceedings are...
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An authentic and enforceable title of a certain and liquid debt is required to have a debtor's immovables sold; for an unliquidated claim, proceedings are valid, but adjudication shall only occur after liquidation.

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