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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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238
Article 238 Law on Civil Procedure · De l'Appel, et de l'Instruction sur l'Appel
Civil Procedure
If the appeal lapses, the judgment under appeal shall have the force of res judicata.
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If the appeal lapses, the judgment under appeal shall have the force of res judicata.

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239
Article 239 Law on Civil Procedure · De l'Appel, et de l'Instruction sur l'Appel
Civil Procedure
The courts of appeal shall follow the rules established above for the seneschal courts.
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The courts of appeal shall follow the rules established above for the seneschal courts.

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240
Article 240 Law on Civil Procedure · De l'Appel, et de l'Instruction sur l'Appel
Civil Procedure
The appellant is condemned to a fine: one gourde if he loses the appeal of a parish lieutenant judge's decision; four gourdes for the appeal...
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The appellant is condemned to a fine: one gourde if he loses the appeal of a parish lieutenant judge's decision; four gourdes for the appeal of a seneschal court or admiralty court judgment; and sixteen gourdes for the appeal of a superior council judgment. These fines shall be paid to the excise treasury.

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241
Article 241 Law on Civil Procedure · De la tierce Opposition
Civil Procedure
Third-party opposition may be brought by a third party against a judgment that prejudices his rights, if when it was rendered, neither he nor those...
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Third-party opposition may be brought by a third party against a judgment that prejudices his rights, if when it was rendered, neither he nor those he represents were summoned.

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242
Article 242 Law on Civil Procedure · De la tierce Opposition
Civil Procedure
Any third-party opposition brought as a principal action shall be brought before the judge who rendered the challenged judgment; but one incidental to a pending...
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Any third-party opposition brought as a principal action shall be brought before the judge who rendered the challenged judgment; but one incidental to a pending case is brought by petition to the court hearing the matter. These courts may, depending on the circumstances, stay proceedings or proceed without regard to the opposition and without prejudice to it.

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243
Article 243 Law on Civil Procedure · De la tierce Opposition
Civil Procedure
Judgments that have acquired the force of res judicata ordering the surrender of possession of an inheritance shall be enforced notwithstanding third-party opposition and without...
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Judgments that have acquired the force of res judicata ordering the surrender of possession of an inheritance shall be enforced notwithstanding third-party opposition and without prejudice thereto; in all other cases, enforcement of judgments may be suspended.

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244
Article 244 Law on Civil Procedure · De la tierce Opposition
Civil Procedure
Whoever has his third-party opposition rejected shall be condemned to a fine of at least twelve gourdes, to be paid to the excise treasury, without...
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Whoever has his third-party opposition rejected shall be condemned to a fine of at least twelve gourdes, to be paid to the excise treasury, without prejudice, where appropriate, to the party's damages and interest.

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245
Article 245 Law on Civil Procedure · De la Requête civile
Civil Procedure
Default judgments rendered at last resort, as well as those likewise rendered at last resort by the seneschal courts and courts of appeal, may be...
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Default judgments rendered at last resort, as well as those likewise rendered at last resort by the seneschal courts and courts of appeal, may be retracted upon the parties' petition, for the following causes: 1. Personal fraud; 2. Violation of forms prescribed under penalty of nullity; 3. Ruling on matters not requested, or awarding more than requested; 4. Failure to rule on one of the heads of claim; 5. Contradictory judgments at last resort between the same parties on the same grounds, or contradictory provisions in the same judgment; 6. Failure to communicate the case to the king's prosecutor when the law required it; 7. Judgment based on documents recognized or declared forged after the judgment; 8. Discovery after the judgment of decisive documents withheld by the opposing party.

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246
Article 246 Law on Civil Procedure · De la Requête civile
Civil Procedure
Within three months of service of the challenged judgment, the civil petition must be served with a summons at the domicile of the party's attorney,...
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Within three months of service of the challenged judgment, the civil petition must be served with a summons at the domicile of the party's attorney, if the claim is brought within six months of the judgment; after that period, it shall be served at the party's domicile.

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247
Article 247 Law on Civil Procedure · De la Requête civile
Civil Procedure
Civil petitions shall be brought before the same court that rendered the judgment, and the same judges shall decide; the attorney of the party who...
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Civil petitions shall be brought before the same court that rendered the judgment, and the same judges shall decide; the attorney of the party who obtained the judgment is deemed appointed by law, if the summons is given within the above period.

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248
Article 248 Law on Civil Procedure · De la Requête civile
Civil Procedure
No civil petition shall be admitted unless, before presenting it, a sum of fifty gourdes has been deposited for the fine, and twenty-five gourdes for...
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No civil petition shall be admitted unless, before presenting it, a sum of fifty gourdes has been deposited for the fine, and twenty-five gourdes for the party's damages and interest, without prejudice to larger amounts if warranted; the deposit shall be only half for default or forfeiture judgments of the courts of appeal, and one quarter for those of the seneschal courts.

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249
Article 249 Law on Civil Procedure · De la Requête civile
Civil Procedure
Civil petitions are communicated to the king's prosecutor or the attorney general.
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Civil petitions are communicated to the king's prosecutor or the attorney general.

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250
Article 250 Law on Civil Procedure · De la Requête civile
Civil Procedure
Execution of the challenged judgment is not suspended by the civil petition; no stay may be granted; even one condemned to surrender an inheritance may...
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Execution of the challenged judgment is not suspended by the civil petition; no stay may be granted; even one condemned to surrender an inheritance may not be admitted to argue on the civil petition until after execution of the principal judgment, proof of which he shall provide.

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251
Article 251 Law on Civil Procedure · De la Requête civile
Civil Procedure
Only the grounds stated in the civil petition shall be discussed at the hearing or in writing.
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Only the grounds stated in the civil petition shall be discussed at the hearing or in writing.

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252
Article 252 Law on Civil Procedure · De la Requête civile
Civil Procedure
The judgment rejecting the civil petition condemns the petitioner to the fine and damages set above, without prejudice to larger amounts if warranted; but if...
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The judgment rejecting the civil petition condemns the petitioner to the fine and damages set above, without prejudice to larger amounts if warranted; but if the petition is admitted and the challenged judgment retracted, the parties shall be restored to the same state they were in before the judgment; amounts collected under the condemnation shall be returned, and the deposited sums refunded to the petitioner.

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253
Article 253 Law on Civil Procedure · De la Requête civile
Civil Procedure
The merits of the dispute decided by the retracted judgment shall be brought before the court that ruled on the civil petition.
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The merits of the dispute decided by the retracted judgment shall be brought before the court that ruled on the civil petition.

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254
Article 254 Law on Civil Procedure · De la Prise à Partie
Civil Procedure
Judges may be taken to task in the following cases: 1. If there has been fraud or extortion during the investigation or at the time...
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Judges may be taken to task in the following cases: 1. If there has been fraud or extortion during the investigation or at the time of judgment; 2. If the taking to task is provided by law; 3. If there is a denial of justice.

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255
Article 255 Law on Civil Procedure · De la Prise à Partie
Civil Procedure
There shall be a denial of justice whenever judges refuse to respond to petitions, or neglect to decide cases that are ready and in line...
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There shall be a denial of justice whenever judges refuse to respond to petitions, or neglect to decide cases that are ready and in line to be judged.

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256
Article 256 Law on Civil Procedure · De la Prise à Partie
Civil Procedure
To establish a denial of justice, two demands shall be made to the judges through the clerks, served every three days for parish lieutenant judges,...
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To establish a denial of justice, two demands shall be made to the judges through the clerks, served every three days for parish lieutenant judges, and at least every eight days for other judges; the bailiffs requested shall make these demands, under penalty of suspension. After these two demands, the judges may be taken to task.

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257
Article 257 Law on Civil Procedure · De la Prise à Partie
Civil Procedure
Actions against judges shall be brought before the court of appeal of the district, if concerning parish lieutenant judges, admiralty courts, or seneschal courts; but...
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Actions against judges shall be brought before the court of appeal of the district, if concerning parish lieutenant judges, admiralty courts, or seneschal courts; but if concerning courts of appeal, it shall be brought before the sovereign court.

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