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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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561
Article 561 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
In the case where, by inter vivos acts or testament, one has disposed of a usufruct or life annuity whose value exceeds the disposable portion,...
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In the case where, by inter vivos acts or testament, one has disposed of a usufruct or life annuity whose value exceeds the disposable portion, the heirs in whose favor the law makes a reserve shall have the option of choosing between executing the act or abandoning ownership of the disposable portion.

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562
Article 562 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
The full ownership value of property sold for a life annuity, lost capital, or with reservation of usufruct to one of the direct-line heirs shall...
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The full ownership value of property sold for a life annuity, lost capital, or with reservation of usufruct to one of the direct-line heirs shall be imputed against the disposable portion; and if the portion is not exhausted, the remainder shall be collated to the mass. Those direct-line heirs who consented to the alienation shall not be admitted to demand this imputation or collation; and in no case may collaterals make such a demand.

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563
Article 563 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Parents may dispose, by inter vivos acts or testament, of all or part of the disposable portion in favor of their children or grandchildren, without...
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Parents may dispose, by inter vivos acts or testament, of all or part of the disposable portion in favor of their children or grandchildren, without the latter being obliged to collate at partition, provided the disposition is expressly made as a preferential share or outside the estate. Parents may, either in the disposition act or in a subsequent act in inter vivos or testamentary form, declare that the gifts or legacies are as preferential share or outside the estate.

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564
Article 564 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
At the opening of a succession, any disposition, whether inter vivos or causa mortis, exceeding the disposable portion, may be reduced to that portion.
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At the opening of a succession, any disposition, whether inter vivos or causa mortis, exceeding the disposable portion, may be reduced to that portion.

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565
Article 565 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Those in whose favor the law has made the reserve, their heirs or assigns, shall have the right to demand the reduction of dispositions whose...
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Those in whose favor the law has made the reserve, their heirs or assigns, shall have the right to demand the reduction of dispositions whose execution would diminish their legally reserved portion; but this demand for reduction may not be made by donees, legatees, or creditors, who may not even benefit from it if brought by the legally designated interested parties.

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566
Article 566 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Reduction is effected as follows: A mass is formed of all the property the donor or testator leaves at the time of his death. To...
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Reduction is effected as follows: A mass is formed of all the property the donor or testator leaves at the time of his death. To this mass is added the value of property he disposed of by inter vivos donation, according to their state at the time of the donations and their valuation at the time of death. After deducting the debts, the disposable portion is calculated with regard to the quality of the heirs.

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567
Article 567 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
The value of all property comprised in dispositions causa mortis shall be exhausted before reducing inter vivos donations; and in case of reduction, it shall...
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The value of all property comprised in dispositions causa mortis shall be exhausted before reducing inter vivos donations; and in case of reduction, it shall proceed beginning with the most recent donation and working backward to the oldest.

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568
Article 568 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
It shall be permitted for the successor in whose favor an inter vivos donation susceptible of reduction was made, to retain by preference, from the...
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It shall be permitted for the successor in whose favor an inter vivos donation susceptible of reduction was made, to retain by preference, from the donated property, the value of the portion that would come to him as heir, if said property is of the same nature as what would fall to him in partition.

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569
Article 569 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Every testamentary disposition shall be without effect whenever the value of inter vivos donations equals or exceeds the disposable portion.
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Every testamentary disposition shall be without effect whenever the value of inter vivos donations equals or exceeds the disposable portion.

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570
Article 570 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Universal and particular legacies shall be reduced proportionally whenever testamentary dispositions exceed the disposable portion or its remainder after reduction of inter vivos donations. However,...
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Universal and particular legacies shall be reduced proportionally whenever testamentary dispositions exceed the disposable portion or its remainder after reduction of inter vivos donations. However, if the testator's will provides that a particular legacy shall be delivered in preference to others, that legacy may be reduced only if the value of all others together falls below the legal reserve.

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571
Article 571 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
The fruits of the excess over the disposable portion shall be restored by the donee from the date of the donor's death if the reduction...
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The fruits of the excess over the disposable portion shall be restored by the donee from the date of the donor's death if the reduction demand was made within the year, otherwise from the date of the demand.

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572
Article 572 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
Debts or mortgages created by the donee on immovables recovered by reduction shall be at the donee's charge and discharged from his own funds.
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Debts or mortgages created by the donee on immovables recovered by reduction shall be at the donee's charge and discharged from his own funds.

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573
Article 573 Civil Law · De la portion de Biens disponibles et de la réduction
Succession Law
If donees had sold immovables included in their donations, and by effect of the reduction these immovables were to be recovered, the donor's heirs may,...
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If donees had sold immovables included in their donations, and by effect of the reduction these immovables were to be recovered, the donor's heirs may, after prior discussion of the donees' own property, exercise their reduction or recovery action against the purchasers of said immovables, following the order of sale dates, beginning with the most recent contract.

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574
Article 574 Civil Law · Des Donations entre-vifs
Succession Law
Notaries alone shall receive in their records, on pain of nullity, and in the customary form of contracts, all acts of inter vivos donation.
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Notaries alone shall receive in their records, on pain of nullity, and in the customary form of contracts, all acts of inter vivos donation.

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575
Article 575 Civil Law · Des Donations entre-vifs
Succession Law
Every inter vivos donation, to be valid, must be accepted in express terms, and shall produce effect only from the day of acceptance.
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Every inter vivos donation, to be valid, must be accepted in express terms, and shall produce effect only from the day of acceptance.

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576
Article 576 Civil Law · Des Donations entre-vifs
Succession Law
Before the donor's death, acceptance may be made by an authentic act subsequent to that of the donation, of which the notary shall keep the...
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Before the donor's death, acceptance may be made by an authentic act subsequent to that of the donation, of which the notary shall keep the original; but in this case, the effect of the donation with respect to the donor shall take place only from the day of notification of the act of acceptance.

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577
Article 577 Civil Law · Des Donations entre-vifs
Succession Law
If the donation is for an adult, acceptance shall be made by him, or in case of absence, on his behalf by a specially authorized...
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If the donation is for an adult, acceptance shall be made by him, or in case of absence, on his behalf by a specially authorized agent for the purpose of accepting the donation, or by a generally authorized agent for the purpose of accepting all donations made or to be made to him. The power of attorney shall remain annexed to the original of the donation or the acceptance act.

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578
Article 578 Civil Law · Des Donations entre-vifs
Succession Law
A donation for an adult married woman, whether in community or not, may be accepted by her without her husband's consent or judicial authorization; and...
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A donation for an adult married woman, whether in community or not, may be accepted by her without her husband's consent or judicial authorization; and if the wife is a minor, she may accept the donation only with her adult husband's authorization, or upon his refusal, by judicial order; the husband duly heard, and the king's prosecutor in his conclusions.

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579
Article 579 Civil Law · Des Donations entre-vifs
Succession Law
Donations to unemancipated minors or interdicted persons are accepted by their guardians in conformity with the Title on Minority. For emancipated minors, the curator's assistance...
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Donations to unemancipated minors or interdicted persons are accepted by their guardians in conformity with the Title on Minority. For emancipated minors, the curator's assistance is necessary for acceptance. Nevertheless, the parents of the minor, emancipated or not, or other ascendants, even during the parents' lifetime, may accept on behalf of the minor, even if they are not guardians or curators.

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580
Article 580 Civil Law · Des Donations entre-vifs
Succession Law
The deaf-mute adult who can write may accept himself or by authorized agent. If he cannot write, acceptance shall be made by a curator appointed...
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The deaf-mute adult who can write may accept himself or by authorized agent. If he cannot write, acceptance shall be made by a curator appointed for that purpose, in conformity with the Title on Minority.

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