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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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461
Article 461 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The movables of the succession may be sold only at auction by a public officer, after the customary notices and publications. If these movables are...
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The movables of the succession may be sold only at auction by a public officer, after the customary notices and publications. If these movables are returned in kind by the beneficiary heir, he shall be liable for their depreciation or deterioration only if it results from his negligence.

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462
Article 462 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
Immovables may be sold only in the forms prescribed by the Law on Civil Procedure, and the price must be delegated to the mortgage creditors...
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Immovables may be sold only in the forms prescribed by the Law on Civil Procedure, and the price must be delegated to the mortgage creditors who have come forward.

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463
Article 463 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
If creditors or other interested parties require it, he must provide good and solvent security for the value of the movables included in the inventory,...
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If creditors or other interested parties require it, he must provide good and solvent security for the value of the movables included in the inventory, as well as for the portion of the immovable price not delegated to mortgage creditors. Failing to furnish this security, the movables are sold; and their price, as well as that of the undelegated immovables, shall be deposited to be applied to the discharge of the succession's charges.

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464
Article 464 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
If there are opposing creditors, the beneficiary heir may pay only in the order and manner regulated by the judge; and if there are no...
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If there are opposing creditors, the beneficiary heir may pay only in the order and manner regulated by the judge; and if there are no opposing creditors, he pays the creditors and legatees as they present themselves.

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465
Article 465 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
After the account settlement and payment of the balance, unpaid non-opposing creditors have recourse only against the legatees. In either case, the recourse prescribes by...
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After the account settlement and payment of the balance, unpaid non-opposing creditors have recourse only against the legatees. In either case, the recourse prescribes by the lapse of three years from the day of the account settlement and payment of the balance.

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466
Article 466 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The costs of seals, if they were applied, those of the inventory and of the account, are charged to the succession.
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The costs of seals, if they were applied, those of the inventory and of the account, are charged to the succession.

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467
Article 467 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
If the periods for making the inventory and for deliberation have expired without anyone having presented themselves to claim the succession, or if the heirs...
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If the periods for making the inventory and for deliberation have expired without anyone having presented themselves to claim the succession, or if the heirs are unknown, or if they have renounced, the succession shall be deemed vacant. Thereupon, upon the request of interested parties or the requisition of the king's prosecutor, a curator shall be appointed for this succession by the sénéchaussée in whose district it is opened, if there is not one ex officio.

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468
Article 468 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
The curator of a vacant succession must first have its condition established by inventory; he exercises and pursues its rights, responds to claims against it,...
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The curator of a vacant succession must first have its condition established by inventory; he exercises and pursues its rights, responds to claims against it, and administers with the obligation to deposit the cash found in the succession, as well as the proceeds of movables and immovables sold, in the coffers of the royal revenue collector, for the preservation of rights; and with the obligation to render account to whom it may concern.

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469
Article 469 Civil Law · De l'Acceptation et de la Répudiation des Successions
Succession Law
Moreover, the provisions of Section III above, on the form of the inventory, the mode of administration, and the obligations of the beneficiary heir, apply...
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Moreover, the provisions of Section III above, on the form of the inventory, the mode of administration, and the obligations of the beneficiary heir, apply in common to curators of vacant successions.

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470
Article 470 Civil Law · Du Partage et des Rapports
Succession Law
Partition of things held in common may always be demanded, notwithstanding prohibitions and contrary agreements; no person may be compelled to remain in indivision. However,...
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Partition of things held in common may always be demanded, notwithstanding prohibitions and contrary agreements; no person may be compelled to remain in indivision. However, one may agree to suspend partition for a limited time not exceeding five years; this agreement may be renewed.

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471
Article 471 Civil Law · Du Partage et des Rapports
Succession Law
An action for partition may be brought even when one of the co-heirs has enjoyed separately a part of the succession's assets.
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An action for partition may be brought even when one of the co-heirs has enjoyed separately a part of the succession's assets.

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472
Article 472 Civil Law · Du Partage et des Rapports
Succession Law
Guardians of minors or interdicted persons may bring the partition action in their capacity, if specially authorized by a family council. With respect to absent...
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Guardians of minors or interdicted persons may bring the partition action in their capacity, if specially authorized by a family council. With respect to absent co-heirs, the action belongs to the relatives sent into possession.

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473
Article 473 Civil Law · Du Partage et des Rapports
Succession Law
The partition of movable or immovable property devolving upon a married woman, which falls into the community, may be demanded by the husband without the...
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The partition of movable or immovable property devolving upon a married woman, which falls into the community, may be demanded by the husband without the wife's participation; but for property that does not fall into the community, the husband may do so only with his wife's participation, and the adult wife may do so without her husband's participation; the husband may, however, demand a provisional partition if he has the right to enjoy her property. The wife's co-heirs may demand a definitive partition only by joining both husband and wife, if she is in community of property.

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474
Article 474 Civil Law · Du Partage et des Rapports
Succession Law
The affixing of seals on the effects of a succession whose heirs are all present and of full age is not necessary; they may partition...
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The affixing of seals on the effects of a succession whose heirs are all present and of full age is not necessary; they may partition in whatever form and by whatever acts they deem appropriate. If not all heirs are present, or if there are minors or interdicted persons, seals shall be affixed as soon as possible, either at the request of the heirs, at the diligence of the king's prosecutor at the sénéchaussée, or ex officio by the judge in whose district the succession was opened.

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475
Article 475 Civil Law · Du Partage et des Rapports
Succession Law
The affixing of seals may also be requested by creditors, by virtue of an executory title or judicial permission.
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The affixing of seals may also be requested by creditors, by virtue of an executory title or judicial permission.

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476
Article 476 Civil Law · Du Partage et des Rapports
Succession Law
Once seals have been affixed, creditors may oppose their removal even without an executory title or judicial permission. The formalities for the removal of seals...
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Once seals have been affixed, creditors may oppose their removal even without an executory title or judicial permission. The formalities for the removal of seals and the making of the inventory are regulated by the Law on Civil Procedure.

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477
Article 477 Civil Law · Du Partage et des Rapports
Succession Law
The partition action, as well as disputes arising during the operations, is brought before the sénéchaussée of the place where the succession was opened. Demands...
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The partition action, as well as disputes arising during the operations, is brought before the sénéchaussée of the place where the succession was opened. Demands for auction sales, those relating to the guarantee of lots among the co-partitioners, and those for rescission of partition are also brought before the sénéchaussée of the district; if one or more co-heirs refuse to consent to partition, or if disputes arise concerning the method of proceeding or the manner of concluding it. This court shall rule as in summary matters, or shall appoint one of the judges for the partition operations, and upon his report shall decide the disputes.

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478
Article 478 Civil Law · Du Partage et des Rapports
Succession Law
Immovables must be appraised by experts chosen by the interested parties, or upon their refusal, appointed ex officio. The expert report must present the bases...
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Immovables must be appraised by experts chosen by the interested parties, or upon their refusal, appointed ex officio. The expert report must present the bases of the appraisal, indicate whether the object can be conveniently partitioned, in what manner, and finally, in case of division, determine each share that may be formed and its value.

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479
Article 479 Civil Law · Du Partage et des Rapports
Succession Law
If no appraisal of movables was made in a regular inventory, the valuation shall be made by knowledgeable persons, at fair price and without markup.
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If no appraisal of movables was made in a regular inventory, the valuation shall be made by knowledgeable persons, at fair price and without markup.

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480
Article 480 Civil Law · Du Partage et des Rapports
Succession Law
Each co-heir may demand his share in kind of the succession's movables and immovables; nevertheless, if there are seizing or opposing creditors, or if the...
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Each co-heir may demand his share in kind of the succession's movables and immovables; nevertheless, if there are seizing or opposing creditors, or if the majority of co-heirs deems the sale necessary for the discharge of the succession's charges and debts, the movables shall be sold publicly in the ordinary form.

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