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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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601
Article 601 Civil Law · Des Donations entre-vifs
Succession Law
If, prior to the demand for revocation for ingratitude, which must be noted in the margin of the transcription prescribed by Article 583, the donee...
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If, prior to the demand for revocation for ingratitude, which must be noted in the margin of the transcription prescribed by Article 583, the donee had alienated property forming part of the donation, or had encumbered it with mortgages or real charges, the revocation shall not affect these; but the donee shall be condemned to pay the donor the price of the alienated property as of the demand date, and the fruits collected from the date of the demand.

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602
Article 602 Civil Law · Des Donations entre-vifs
Succession Law
One may not, on grounds of ingratitude, demand the revocation of a donation made in favor of marriage.
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One may not, on grounds of ingratitude, demand the revocation of a donation made in favor of marriage.

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603
Article 603 Civil Law · Des Donations entre-vifs
Succession Law
The subsequent birth of a legitimate child, even posthumous, or the legitimation of a natural child by subsequent marriage, born after an inter vivos donation...
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The subsequent birth of a legitimate child, even posthumous, or the legitimation of a natural child by subsequent marriage, born after an inter vivos donation made by a person with no legitimate children or living descendants at the time of the donation, shall annihilate the donation, which shall be and remain revoked by operation of law, whatever its value or title, even if mutual or remuneratory, even made in favor of marriage; except by ascendants to spouses, or between spouses themselves. The donation is equally revoked by operation of law if the child was conceived at the time of the donation.

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604
Article 604 Civil Law · Des Donations entre-vifs
Succession Law
Even if the donee had taken possession and enjoyed the donated property as owner since the birth of the child, without claim by the donor,...
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Even if the donee had taken possession and enjoyed the donated property as owner since the birth of the child, without claim by the donor, the donation shall remain revoked by operation of law, and the donee shall be required to restore fruits collected only from the day of formal notification of the child's birth or legitimation, even if the donor brought his demand only after the notification.

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605
Article 605 Civil Law · Des Donations entre-vifs
Succession Law
The donor, by effect of the automatic revocation for subsequent birth of a child, recovers in full ownership all property described in the donation act,...
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The donor, by effect of the automatic revocation for subsequent birth of a child, recovers in full ownership all property described in the donation act, free and clear of all charges and mortgages created by the donee, including those for the donee's wife's dower, her claims, or marital agreements, even if the donor had given said property in favor of the donee's marriage, the donation was mentioned in the marriage contract, and the donor had guaranteed the marriage contract's execution.

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606
Article 606 Civil Law · Des Donations entre-vifs
Succession Law
Any donation revoked by operation of law for subsequent birth of a child, even if the child subsequently died, completely loses its force and virtue,...
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Any donation revoked by operation of law for subsequent birth of a child, even if the child subsequently died, completely loses its force and virtue, and no confirmatory act may validate it; the donor who wishes to give the same property to the same donee, whether before or after the child's death, may do so only by a new donation act.

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607
Article 607 Civil Law · Des Donations entre-vifs
Succession Law
Any clause by which the donor renounces the right to revoke the donation in the case of subsequent birth of a child shall be considered...
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Any clause by which the donor renounces the right to revoke the donation in the case of subsequent birth of a child shall be considered null and void.

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608
Article 608 Civil Law · Des Dispositions testamentaires
Succession Law
Every person has the right to dispose of his property by testament, whether under the title of institution of heir, legatee, or any other designation...
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Every person has the right to dispose of his property by testament, whether under the title of institution of heir, legatee, or any other designation proper to express his will.

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609
Article 609 Civil Law · Des Dispositions testamentaires
Succession Law
Two or more persons may not, in the same act, make a will, whether in favor of a third party, or by mutual and reciprocal...
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Two or more persons may not, in the same act, make a will, whether in favor of a third party, or by mutual and reciprocal disposition between them.

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610
Article 610 Civil Law · Des Dispositions testamentaires
Succession Law
A testament may be holographic or by public act. The holographic testament is null if not written entirely, dated, and signed by the testator's own...
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A testament may be holographic or by public act. The holographic testament is null if not written entirely, dated, and signed by the testator's own hand; it is subject to no other form. The testament by public act is received by two notaries, or by one notary in the presence of three witnesses.

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611
Article 611 Civil Law · Des Dispositions testamentaires
Succession Law
The testament is dictated by the testator to the two notaries who receive it, and written by one of them as dictated. It is likewise...
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The testament is dictated by the testator to the two notaries who receive it, and written by one of them as dictated. It is likewise dictated by the testator and written by the notary when received by a single notary. It is read to the testator in the presence of the witnesses, and express mention of all this must be made in the testament, on pain of nullity. The testator shall sign the testament; if he declares he cannot or does not know how to sign, express mention shall be made of the declaration and the cause. The testament shall also be signed by the witnesses; in rural areas, if the testament is received by a single notary, two of the three witnesses must sign.

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612
Article 612 Civil Law · Des Dispositions testamentaires
Succession Law
Legatees, of whatever title, their relatives or in-laws up to the fourth degree inclusive, and the clerks of the notaries receiving a testament, may not...
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Legatees, of whatever title, their relatives or in-laws up to the fourth degree inclusive, and the clerks of the notaries receiving a testament, may not serve as witnesses in the act.

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613
Article 613 Civil Law · Des Dispositions testamentaires
Succession Law
Witnesses called to be present at a testament shall be male, of full age, Haitian, enjoying civil rights, and domiciled in the town, borough, or...
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Witnesses called to be present at a testament shall be male, of full age, Haitian, enjoying civil rights, and domiciled in the town, borough, or parish.

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614
Article 614 Civil Law · Des Dispositions testamentaires
Succession Law
Military personnel and army employees may, in any country, make their testaments through a lieutenant colonel or higher officer in the presence of three witnesses,...
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Military personnel and army employees may, in any country, make their testaments through a lieutenant colonel or higher officer in the presence of three witnesses, or through two war commissioners, or one commissioner with three witnesses. If the testator is sick or wounded, the chief physician and the officer in charge of the hospital shall receive and sign the testament.

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615
Article 615 Civil Law · Des Dispositions testamentaires
Succession Law
These provisions concern only military personnel sent on expedition, or in quarters or garrison outside the territory under his majesty's arms, or who are prisoners...
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These provisions concern only military personnel sent on expedition, or in quarters or garrison outside the territory under his majesty's arms, or who are prisoners of the enemy; and they shall not be applicable to military personnel in quarters or garrison within the kingdom, except in the case of siege of the place or citadel where they are stationed, or interruption of communications due to war.

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616
Article 616 Civil Law · Des Dispositions testamentaires
Succession Law
Three months after the military testator's return to a place where he may employ a notary's services, the testament he made under Article 614 shall...
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Three months after the military testator's return to a place where he may employ a notary's services, the testament he made under Article 614 shall be null.

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617
Article 617 Civil Law · Des Dispositions testamentaires
Succession Law
Military personnel in a parish with which all communication is suspended, whether due to war or contagious disease, may, in the absence of a notary,...
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Military personnel in a parish with which all communication is suspended, whether due to war or contagious disease, may, in the absence of a notary, have their testaments received by the lieutenant judge, in the presence of two local witnesses; and these testaments shall become null three months after the restoration of communications, or three months after the testator's return to a place where he may use a notary.

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618
Article 618 Civil Law · Des Dispositions testamentaires
Succession Law
On board the king's vessels and all royal ships, during a voyage, the commanding officer, or his replacement in the order of service, jointly with...
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On board the king's vessels and all royal ships, during a voyage, the commanding officer, or his replacement in the order of service, jointly with the officer charged with the ship's accounts, shall receive, in the presence of two witnesses, the testaments of sailors, military of all ranks, and all other passengers who may need to make their wills.

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619
Article 619 Civil Law · Des Dispositions testamentaires
Succession Law
On board commercial vessels during a voyage, captains, masters, or skippers, jointly with the person charged with the ship's records, shall receive the testaments of...
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On board commercial vessels during a voyage, captains, masters, or skippers, jointly with the person charged with the ship's records, shall receive the testaments of sailors and other passengers on board, observing the formalities of the preceding article.

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620
Article 620 Civil Law · Des Dispositions testamentaires
Succession Law
These testaments made at sea shall be received in duplicate original, and upon the vessel's arrival in a kingdom port, one shall be deposited at...
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These testaments made at sea shall be received in duplicate original, and upon the vessel's arrival in a kingdom port, one shall be deposited at the admiralty clerk's office and the other handed to the king's prosecutor at that court, who shall forward it to the minister of the navy, for deposit at the clerk's office of the sénéchaussée of the testator's domicile.

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