Skip to content
🇭🇹   BETA  ·  10,079 entries published  ·  89,921 entries away from the 100k milestone.       🇭🇹   BETA  ·  10,079 entries published  ·  89,921 entries away from the 100k milestone.       
You are offline — some content may not be available

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

×
161
Article 161 Civil Law · De la Tutelle
Family Law
The guardian chosen by the father or mother has the right to refuse the guardianship, unless he belongs to the class of persons upon whom...
Read more ▾

The guardian chosen by the father or mother has the right to refuse the guardianship, unless he belongs to the class of persons upon whom the family council, in the absence of the special parental election, could have conferred this charge.

×
162
Article 162 Civil Law · De la Tutelle
Child Welfare
When a minor orphan is found without a guardian, provision shall be made by a family council convened either at the request and diligence of...
Read more ▾

When a minor orphan is found without a guardian, provision shall be made by a family council convened either at the request and diligence of the minor's relatives, creditors, or other interested parties, or ex officio at the pursuit of the seneschal, king's prosecutor, or lieutenant judge in whose jurisdiction the minor's domicile is established; any individual may report to these magistrates the reasons necessitating the appointment of a guardian.

×
163
Article 163 Civil Law · De la Tutelle
Family Law
Six relatives or persons related by marriage, taken from both the parish where the guardianship is opened and the nearest places, drawn half from the...
Read more ▾

Six relatives or persons related by marriage, taken from both the parish where the guardianship is opened and the nearest places, drawn half from the paternal side and half from the maternal side, always following the order of proximity in each line, shall compose the council, which shall be presided over by the seneschal or lieutenant judge. Blood relatives shall be preferred over relatives by marriage at the same degree, and among blood relatives at the same degree, the eldest shall be preferred over the youngest.

×
164
Article 164 Civil Law · De la Tutelle
Family Law
The limitation on the number determined in the preceding article does not include the full brothers of the minor and the husbands of full sisters;...
Read more ▾

The limitation on the number determined in the preceding article does not include the full brothers of the minor and the husbands of full sisters; whether they number six or exceed this number, they shall all be members of the family council and alone compose it; and if they are fewer than this number, the convocation of other relatives shall occur only to complete the council.

×
165
Article 165 Civil Law · De la Tutelle
Family Law
If the relatives or persons related by marriage of one or the other line are found in insufficient number locally or in the nearest distances,...
Read more ▾

If the relatives or persons related by marriage of one or the other line are found in insufficient number locally or in the nearest distances, the seneschal or lieutenant judge shall summon relatives or persons related by marriage domiciled at greater distances, or shall call citizens residing in the parish immediately recognized for having maintained friendly relations and habitual dealings with the minor's father or mother.

×
166
Article 166 Civil Law · De la Tutelle
Family Law
Even if there is a sufficient number of relatives or persons related by marriage locally, the lieutenant judge shall have the right to permit the...
Read more ▾

Even if there is a sufficient number of relatives or persons related by marriage locally, the lieutenant judge shall have the right to permit the citation of closer relatives or persons related by marriage, at whatever distance their domicile may be, provided however that the number fixed by the preceding articles is not exceeded.

×
167
Article 167 Civil Law · De la Tutelle
Civil Procedure
The seneschal or lieutenant judge shall fix a specific day and the time to appear, calculated so that there is always between the notification of...
Read more ▾

The seneschal or lieutenant judge shall fix a specific day and the time to appear, calculated so that there is always between the notification of the summons and the day set for the council meeting an interval of no less than three days, provided the summoned parties reside within the commune or within ten leagues; but for those residing beyond that distance, the period shall be increased by one day for every five leagues.

×
168
Article 168 Civil Law · De la Tutelle
Civil Procedure
The relatives, persons related by marriage, or friends so convened shall appear in person or have themselves represented by a special attorney. The right to...
Read more ▾

The relatives, persons related by marriage, or friends so convened shall appear in person or have themselves represented by a special attorney. The right to represent multiple persons is not given to a single agent.

×
169
Article 169 Civil Law · De la Tutelle
Penalties
A fine of no less than forty gourdes shall be pronounced without appeal by the lieutenant judge against any relative, person related by marriage, or...
Read more ▾

A fine of no less than forty gourdes shall be pronounced without appeal by the lieutenant judge against any relative, person related by marriage, or friend summoned in the prescribed forms who has not appeared, unless he produces a plausible and legitimate excuse.

×
170
Article 170 Civil Law · De la Tutelle
Civil Procedure
In case of sufficient excuse, the adjournment or prorogation of the assembly may be decided by the seneschal or lieutenant judge, depending on whether it...
Read more ▾

In case of sufficient excuse, the adjournment or prorogation of the assembly may be decided by the seneschal or lieutenant judge, depending on whether it is appropriate to wait for the absent member or to replace him. The same procedure shall be used by these magistrates in any other case where the minor's interest appears to require it.

×
171
Article 171 Civil Law · De la Tutelle
Civil Procedure
The meeting place of this assembly shall be established by right at the seneschal's or lieutenant judge's premises, unless another venue has been assigned by...
Read more ▾

The meeting place of this assembly shall be established by right at the seneschal's or lieutenant judge's premises, unless another venue has been assigned by these magistrates. For this assembly to be competent to deliberate, it must have at least three-quarters of its convened members present.

×
172
Article 172 Civil Law · De la Tutelle
Civil Administration
Every family council is presided over by the seneschal or lieutenant judge, who has a deliberative vote, and whose vote, in case of a tie,...
Read more ▾

Every family council is presided over by the seneschal or lieutenant judge, who has a deliberative vote, and whose vote, in case of a tie, is decisive.

×
173
Article 173 Civil Law · De la Tutelle
Family Law
Guardianship is a purely personal charge; consequently, the guardian cannot transmit it to his heirs; only the latter are responsible for the former's management; and...
Read more ▾

Guardianship is a purely personal charge; consequently, the guardian cannot transmit it to his heirs; only the latter are responsible for the former's management; and if they have reached the age of majority, they shall be required to continue it until a new guardian has been appointed.

×
174
Article 174 Civil Law · De la Tutelle
Child Welfare
The family council is required to appoint a surrogate guardian in any guardianship whatsoever. The duties of this surrogate guardian are to defend the interests...
Read more ▾

The family council is required to appoint a surrogate guardian in any guardianship whatsoever. The duties of this surrogate guardian are to defend the interests of the minor whenever they are in conflict with those of the guardian.

×
175
Article 175 Civil Law · De la Tutelle
Child Welfare
The father or mother, natural guardian of their children, or the person one of them has chosen as replacement, is required, before beginning his functions,...
Read more ▾

The father or mother, natural guardian of their children, or the person one of them has chosen as replacement, is required, before beginning his functions, to have the family council appoint a surrogate guardian, under penalty, if there was fraud on the guardian's part, of being ordered to pay damages to the minor and even of being removed from the guardianship by the family council.

×
176
Article 176 Civil Law · De la Tutelle
Child Welfare
The family council in guardianships other than those of the preceding article is required, immediately after the appointment of the guardian and without interruption, to...
Read more ▾

The family council in guardianships other than those of the preceding article is required, immediately after the appointment of the guardian and without interruption, to appoint the surrogate guardian, who, except in the case of full brothers, may not be taken from the same line as the guardian. The guardian shall not be permitted to vote on the appointment of the surrogate guardian or to initiate his removal.

×
177
Article 177 Civil Law · De la Tutelle
Child Welfare
The convocation of the family council to appoint a new guardian is mandatory when the guardianship becomes vacant or is abandoned; it must be initiated...
Read more ▾

The convocation of the family council to appoint a new guardian is mandatory when the guardianship becomes vacant or is abandoned; it must be initiated by the surrogate guardian, under penalty of damages to the minor, because the mere status of surrogate guardian does not, in any case, automatically authorize replacement of a guardian.

×
178
Article 178 Civil Law · De la Tutelle
Civil Administration
The functions of the surrogate guardian and those of the guardian begin jointly and cease at the same time; thus the provisions set forth in...
Read more ▾

The functions of the surrogate guardian and those of the guardian begin jointly and cease at the same time; thus the provisions set forth in the following two sections are common to both.

×
179
Article 179 Civil Law · De la Tutelle
Civil Administration
Exempt from guardianship are: 1st, military personnel in active service; 2nd, all public officials employed in a province other than the one where they could...
Read more ▾

Exempt from guardianship are: 1st, military personnel in active service; 2nd, all public officials employed in a province other than the one where they could have been appointed guardian. However, if they accept this charge, they may no longer resign it for this cause, unless they were appointed to positions giving them the right of exemption after their appointment to the guardianship. In this case, if they have begun administering the minor's property, they may convene the family council within two months to provide for their replacement.

×
180
Article 180 Civil Law · De la Tutelle
Family Law
Any individual who is neither a relative nor a person related by marriage to the minor shall have the right to refuse the guardianship, provided...
Read more ▾

Any individual who is neither a relative nor a person related by marriage to the minor shall have the right to refuse the guardianship, provided that there are relatives and persons related by marriage capable of managing it within ten leagues of the place where the appointment was made.

1 … 7 8 9 10 11 … 151