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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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401
Article 401 Civil Law · Des divers Ordres des Successions
Succession Law
Once this division is made between the paternal and maternal lines, no further division is made among the various branches; the half devolved to each...
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Once this division is made between the paternal and maternal lines, no further division is made among the various branches; the half devolved to each line belongs to the heir or heirs closest in degree, except in the case of representation, as will be stated hereafter.

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402
Article 402 Civil Law · Des divers Ordres des Successions
Succession Law
Proximity of kinship is established by the number of generations; each generation is called a degree; the succession of degrees forms the line.
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Proximity of kinship is established by the number of generations; each generation is called a degree; the succession of degrees forms the line.

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403
Article 403 Civil Law · Des divers Ordres des Successions
Succession Law
The direct line is the succession of degrees between persons who descend one from the other; the collateral line is the succession of degrees between...
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The direct line is the succession of degrees between persons who descend one from the other; the collateral line is the succession of degrees between persons who descend from a common ancestor without descending from one another. The direct line is distinguished into the direct descending line and the direct ascending line. The first links the progenitor with those who descend from him; the second links a person with those from whom he descends.

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404
Article 404 Civil Law · Des divers Ordres des Successions
Succession Law
In the direct line, there are as many degrees as there are generations between the persons; thus, the son is in the first degree relative...
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In the direct line, there are as many degrees as there are generations between the persons; thus, the son is in the first degree relative to the father; the grandson, in the second.

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405
Article 405 Civil Law · Des divers Ordres des Successions
Succession Law
Degrees in the collateral line are counted by generations, from one relative up to but not including the common ancestor, and from the common ancestor...
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Degrees in the collateral line are counted by generations, from one relative up to but not including the common ancestor, and from the common ancestor down to the other relative; consequently, two brothers are in the second degree, uncle and nephew in the third, and first cousins in the fourth, and so on.

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406
Article 406 Civil Law · Des divers Ordres des Successions
Succession Law
Representation is a legal fiction that places the representatives in the position, degree, and rights of the person represented.
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Representation is a legal fiction that places the representatives in the position, degree, and rights of the person represented.

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407
Article 407 Civil Law · Des divers Ordres des Successions
Succession Law
In the direct descending line, representation takes place to infinity; it is admitted in all cases, whether the children of the deceased take the succession...
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In the direct descending line, representation takes place to infinity; it is admitted in all cases, whether the children of the deceased take the succession concurrently with the descendants of a predeceased child, or whether all children having died before their father, their descendants find themselves at equal or unequal degrees.

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408
Article 408 Civil Law · Des divers Ordres des Successions
Succession Law
Representation does not take place in the direct ascending line; the nearest in each line excludes the more remote.
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Representation does not take place in the direct ascending line; the nearest in each line excludes the more remote.

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409
Article 409 Civil Law · Des divers Ordres des Successions
Succession Law
In the collateral line, representation is admitted only in favor of the children and descendants of brothers and sisters of the deceased, whether they succeed...
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In the collateral line, representation is admitted only in favor of the children and descendants of brothers and sisters of the deceased, whether they succeed concurrently with uncles or aunts, or whether all brothers and sisters having died, the succession devolves upon their descendants at equal or unequal degrees.

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410
Article 410 Civil Law · Des divers Ordres des Successions
Succession Law
Partition is made per stirpes in cases where representation takes place. If there are several branches within the same stock, the subdivision is also made...
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Partition is made per stirpes in cases where representation takes place. If there are several branches within the same stock, the subdivision is also made per stirpes within each branch, and the members of the same branch share among themselves per capita.

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411
Article 411 Civil Law · Des divers Ordres des Successions
Succession Law
Living persons cannot be represented; only those who have died naturally may be represented. One may represent a person to whose succession one has renounced.
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Living persons cannot be represented; only those who have died naturally may be represented. One may represent a person to whose succession one has renounced.

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412
Article 412 Civil Law · Des divers Ordres des Successions
Succession Law
Children or their descendants succeed to their father and mother, grandfathers and grandmothers, or other ascendants, without distinction of sex or primogeniture, and even though...
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Children or their descendants succeed to their father and mother, grandfathers and grandmothers, or other ascendants, without distinction of sex or primogeniture, and even though they are issue of different marriages.

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413
Article 413 Civil Law · Des divers Ordres des Successions
Succession Law
In the first degree and called in their own right, they succeed per capita and in equal portions; and when it is by representation, whether...
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In the first degree and called in their own right, they succeed per capita and in equal portions; and when it is by representation, whether all or in part, they succeed per stirpes. The order of succession for nobles, to titled property and lands given by the government, is regulated by particular laws.

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414
Article 414 Civil Law · Des divers Ordres des Successions
Succession Law
When the deceased leaves no descendants, nor brothers and sisters, nor their descendants, the succession is divided by half between the ascendants of the paternal...
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When the deceased leaves no descendants, nor brothers and sisters, nor their descendants, the succession is divided by half between the ascendants of the paternal line and those of the maternal line. The ascendant nearest in degree receives the half allocated to his line, to the exclusion of all others. Ascendants of the same degree succeed per capita.

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415
Article 415 Civil Law · Des divers Ordres des Successions
Succession Law
If objects given by ascendants to their descendants who died without issue are found in kind in the succession, the ascendants shall succeed to them,...
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If objects given by ascendants to their descendants who died without issue are found in kind in the succession, the ascendants shall succeed to them, to the exclusion of all others. If they have been alienated and the price is owed, they shall collect it; they also succeed to the action for recovery that the donee may have had.

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416
Article 416 Civil Law · Des divers Ordres des Successions
Succession Law
The succession of a person whose father and mother survive, and who leaves brothers, sisters, or their descendants, is divided into two equal portions; one...
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The succession of a person whose father and mother survive, and who leaves brothers, sisters, or their descendants, is divided into two equal portions; one half only is devolved upon the father and mother, to be shared equally between them, the other half belongs to the brothers, sisters, or their descendants, and is divided as explained in Article 420.

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417
Article 417 Civil Law · Des divers Ordres des Successions
Succession Law
In the case where the person who died without issue leaves brothers, sisters, or their descendants, if the father or mother predeceased, the portion that...
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In the case where the person who died without issue leaves brothers, sisters, or their descendants, if the father or mother predeceased, the portion that would have been devolved to that parent, in accordance with the preceding article, is combined with the half devolved to the brothers, sisters, or their descendants, as hereafter explained.

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418
Article 418 Civil Law · Des divers Ordres des Successions
Succession Law
The succession of a person who died without issue, after the death of both parents, belongs to his brothers, sisters, or their descendants, to the...
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The succession of a person who died without issue, after the death of both parents, belongs to his brothers, sisters, or their descendants, to the exclusion of other collaterals. They succeed either in their own right or by representation, as regulated in Section II of this Chapter.

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419
Article 419 Civil Law · Des divers Ordres des Successions
Succession Law
In the case where both parents survived the person who died without issue, his brothers, sisters, or their representatives may claim only half the succession;...
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In the case where both parents survived the person who died without issue, his brothers, sisters, or their representatives may claim only half the succession; they shall receive three-quarters if only one parent survived.

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420
Article 420 Civil Law · Des divers Ordres des Successions
Succession Law
The half or three-quarters of successions devolved upon brothers and sisters, under Articles 416, 417, and 419, is shared among them in equal portions if...
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The half or three-quarters of successions devolved upon brothers and sisters, under Articles 416, 417, and 419, is shared among them in equal portions if they are all of the same bed; but if they are of different beds, the division is made by half between the paternal and maternal lines of the deceased; full-blood siblings take in both lines, and half-blood siblings each in their own line only; if there are brothers, sisters, or their descendants only on the paternal side, they succeed to the half or three-quarters, excluding relatives of the other line; and if there are siblings only on the maternal side, they exercise the same claims as those on the paternal side, with the same exclusions.

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