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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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203
Article 203 Commercial Law · Des Faillites
Commercial Law
The verification record shall state the presentation of the proof of claims, the domicile of the creditors and their representatives; it shall contain a summary...
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The verification record shall state the presentation of the proof of claims, the domicile of the creditors and their representatives; it shall contain a summary description of the proofs of claim, which shall be compared with the bankrupt's registers; it shall express that the holder is a legitimate creditor for the claimed amount.

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204
Article 204 Commercial Law · Des Faillites
Commercial Law
The king's prosecutor may, as circumstances require, demand the production of the creditors' registers, or the extract made from them by the local admiralty judges,...
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The king's prosecutor may, as circumstances require, demand the production of the creditors' registers, or the extract made from them by the local admiralty judges, by means of a compulsory order.

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205
Article 205 Commercial Law · Des Faillites
Commercial Law
If the claim is not contested, the agents shall sign on each proof of claim the following declaration: Admitted to the liabilities of the bankruptcy...
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If the claim is not contested, the agents shall sign on each proof of claim the following declaration: Admitted to the liabilities of the bankruptcy of ***, for the sum of... on... And at the bottom of the declaration their endorsement shall be placed.

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206
Article 206 Commercial Law · Des Faillites
Commercial Law
If the claim is contested, it shall be referred to the admiralty court, which shall decide after hearing the king's prosecutor.
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If the claim is contested, it shall be referred to the admiralty court, which shall decide after hearing the king's prosecutor.

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207
Article 207 Commercial Law · Des Faillites
Commercial Law
Upon expiration of the deadlines for claim verification, the agents shall draw up a record containing the names of creditors who did not appear.
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Upon expiration of the deadlines for claim verification, the agents shall draw up a record containing the names of creditors who did not appear.

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208
Article 208 Commercial Law · Des Faillites
Commercial Law
This record, closed by the presiding judge, shall place them in default.
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This record, closed by the presiding judge, shall place them in default.

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209
Article 209 Commercial Law · Des Faillites
Commercial Law
Failing to appear and affirm within the legally prescribed period, the defaulters shall not be included in distributions to be made. However, the avenue of...
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Failing to appear and affirm within the legally prescribed period, the defaulters shall not be included in distributions to be made. However, the avenue of opposition shall remain open to them, though they may not claim past distributions, on which they lose all claims, and may only participate in future distributions.

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210
Article 210 Commercial Law · Des Faillites
Commercial Law
The unfortunate debtor cannot however be discharged from debts contracted toward his creditors; but he is entitled to the indulgence of the law. Accordingly, the...
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The unfortunate debtor cannot however be discharged from debts contracted toward his creditors; but he is entitled to the indulgence of the law. Accordingly, the opinion of the majority of creditors may be received on measures to facilitate the bankrupt in paying his debts. It being understood that the voice of creditors most affected by the bankruptcy shall prevail over those least harmed, even if the latter outnumber the former; and for recovery or debt payment to proceed, the claims of the most affected creditors must exceed half the capital owed by the bankrupt.

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211
Article 211 Commercial Law · Des Faillites
Commercial Law
Resolutions taken in the creditors' assembly, having been ratified at the admiralty on the conclusions of the king's prosecutor, shall be provisionally executed notwithstanding any...
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Resolutions taken in the creditors' assembly, having been ratified at the admiralty on the conclusions of the king's prosecutor, shall be provisionally executed notwithstanding any opposition or appeal whatsoever.

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212
Article 212 Commercial Law · Des Faillites
Commercial Law
In the case where creditors representing less than half the sums owed by the bankrupt oppose the decision of those representing more than half, it...
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In the case where creditors representing less than half the sums owed by the bankrupt oppose the decision of those representing more than half, it may only be executed after being ratified and bearing this formality. The decision shall be binding on all creditors.

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213
Article 213 Commercial Law · Des Faillites
Commercial Law
The preceding article may not derogate from liens and mortgages on movable and immovable property; privileged and mortgage creditors shall retain their rights and need...
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The preceding article may not derogate from liens and mortgages on movable and immovable property; privileged and mortgage creditors shall retain their rights and need not enter into any composition regarding the sums on which they hold liens and mortgages.

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214
Article 214 Commercial Law · Des Faillites
Commercial Law
Cash, proceeds from the sale of movable effects and perishable goods, shall be placed in the hands of the person appointed for this purpose by...
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Cash, proceeds from the sale of movable effects and perishable goods, shall be placed in the hands of the person appointed for this purpose by the creditors. Who may not, under any pretext whatsoever, part with the above-designated items, under the penalties for unfaithfulness.

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215
Article 215 Commercial Law · Des Faillites
Commercial Law
They may not be demanded or required by magistrates or public officials, under penalty of extortion.
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They may not be demanded or required by magistrates or public officials, under penalty of extortion.

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216
Article 216 Commercial Law · Des Faillites
Commercial Law
Moreover and finally, the proven unfortunate, called the bankrupt, must in no case be subject to the whims and ill humor of creditors; he has...
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Moreover and finally, the proven unfortunate, called the bankrupt, must in no case be subject to the whims and ill humor of creditors; he has the right to be admitted to the benefit of cession, as permitted by articles 159 and 861 of Title XVII of the Civil Law.

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217
Article 217 Commercial Law · Des Faillites
Commercial Law
He shall have the right to request and obtain a judgment pronounced by the seneschal's court, in accordance with articles 437, 438, and 439 of...
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He shall have the right to request and obtain a judgment pronounced by the seneschal's court, in accordance with articles 437, 438, and 439 of the Law on Civil Procedure, which judgment shall literally state that he has surrendered all his property, declare that no proof of fraud has been produced, and that the bankrupt having satisfied all formalities prescribed by the above laws, has delivered to his creditors everything that remained from his misfortunes.

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218
Article 218 Commercial Law · Des Faillites
Commercial Law
The law then wills that he be free in his person and his time; that he may work freely and without being disturbed.
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The law then wills that he be free in his person and his time; that he may work freely and without being disturbed.

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219
Article 219 Commercial Law · Des Faillites
Commercial Law
But the same law that owes its protection to misfortune also wills that creditors retain the hope of being paid one day. Accordingly, the creditors'...
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But the same law that owes its protection to misfortune also wills that creditors retain the hope of being paid one day. Accordingly, the creditors' rights, to the industry of the bankrupt, extend their effects to his future fortune, and can only be extinguished by complete payment.

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220
Article 220 Commercial Law · Des Banqueroutes
Commercial Law
Fraudulent bankruptcy is a fraudulent failure made to deceive creditors; it must be classified as a crime and prosecuted by extraordinary proceedings.
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Fraudulent bankruptcy is a fraudulent failure made to deceive creditors; it must be classified as a crime and prosecuted by extraordinary proceedings.

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221
Article 221 Commercial Law · Des Banqueroutes
Commercial Law
Fraudulent bankrupts are all those whose fraud is proven; all those who have diverted their assets, fabricated creditors, or claimed that nothing was owed to...
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Fraudulent bankrupts are all those whose fraud is proven; all those who have diverted their assets, fabricated creditors, or claimed that nothing was owed to real creditors.

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222
Article 222 Commercial Law · Des Banqueroutes
Commercial Law
Fraudulent bankrupts are merchants and traders who have not produced all their signed and initialed books and registers, as prescribed by article 14, Title I,...
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Fraudulent bankrupts are merchants and traders who have not produced all their signed and initialed books and registers, as prescribed by article 14, Title I, Chapter II.