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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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801
Article 801 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The solidary co-debtor may raise against the creditor who sues him all defenses arising from the nature of the obligation, those personal to him, and...
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The solidary co-debtor may raise against the creditor who sues him all defenses arising from the nature of the obligation, those personal to him, and those common to all co-debtors, provided those defenses are not personal to the others.

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802
Article 802 Civil Law · Des Diverses espèces d'Obligations
Contract Law
If one of the debtors becomes the sole heir of the creditor, or the creditor becomes the sole heir of one of the debtors, the...
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If one of the debtors becomes the sole heir of the creditor, or the creditor becomes the sole heir of one of the debtors, the confusion shall extinguish the solidary debt only for the share and portion of that debtor or creditor.

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803
Article 803 Civil Law · Des Diverses espèces d'Obligations
Contract Law
A creditor who has consented to the division of the debt with regard to one of the co-debtors retains his solidary action against the others...
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A creditor who has consented to the division of the debt with regard to one of the co-debtors retains his solidary action against the others only with deduction of the share of the debtor discharged from solidarity.

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804
Article 804 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Where the share of one of the solidary debtors is received separately by the creditor, without the receipt bearing a reservation of solidarity or of...
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Where the share of one of the solidary debtors is received separately by the creditor, without the receipt bearing a reservation of solidarity or of his rights in general, the renunciation of solidarity shall apply only with regard to that debtor.

The creditor who receives from a solidary debtor a sum equal to his share does not renounce solidarity if the receipt does not state that it is for his share.

The same applies to a claim brought against one of the debtors for his share, so long as that debtor has not acquiesced in the claim or a judgment of condemnation has not been rendered.

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805
Article 805 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The creditor does not renounce solidarity by receiving separately and without reservation a co-debtor's portion of the arrears or interest on the debt, except for...
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The creditor does not renounce solidarity by receiving separately and without reservation a co-debtor's portion of the arrears or interest on the debt, except for the arrears or interest already due, and not for future ones nor for the capital; however, if such divided payment were continued for ten consecutive years, the creditor would be deemed to have renounced solidarity, even as to the capital, toward the debtors.

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806
Article 806 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Debtors bound in solidarity are liable toward each other only for each one's share and portion of the solidary obligation; consequently, if one of the...
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Debtors bound in solidarity are liable toward each other only for each one's share and portion of the solidary obligation; consequently, if one of the co-debtors pays the debt in full, he may recover from the others only their respective shares and portions; and in case of insolvency of one of them, the loss caused thereby is distributed among all the other solvent co-debtors and the one who made the payment.

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807
Article 807 Civil Law · Des Diverses espèces d'Obligations
Contract Law
If one or several co-debtors become insolvent, the portion they owed of the debt shall be apportioned contributorily among all the other debtors, even among...
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If one or several co-debtors become insolvent, the portion they owed of the debt shall be apportioned contributorily among all the other debtors, even among those who might have been previously discharged from solidarity by the creditor.

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808
Article 808 Civil Law · Des Diverses espèces d'Obligations
Contract Law
In the case where the matter for which the debt was contracted jointly concerns only one of the co-obligors, he would be liable for the...
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In the case where the matter for which the debt was contracted jointly concerns only one of the co-obligors, he would be liable for the entire debt toward the other co-debtors, who cannot be considered, in relation to him, other than as his sureties.

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809
Article 809 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The obligation is divisible or indivisible according to whether its object is a thing whose delivery, or an act whose performance, is or is not...
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The obligation is divisible or indivisible according to whether its object is a thing whose delivery, or an act whose performance, is or is not susceptible of division, whether material or intellectual.

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810
Article 810 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The obligation shall also be indivisible, although the thing or act that is its object is divisible by its nature, if it is considered within...
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The obligation shall also be indivisible, although the thing or act that is its object is divisible by its nature, if it is considered within the obligation in a manner that does not allow partial performance.

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811
Article 811 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Solidarity stipulated in an obligation does not give it the character of indivisibility.
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Solidarity stipulated in an obligation does not give it the character of indivisibility.

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812
Article 812 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Every obligation, although susceptible of division, must always be performed between the creditor and the debtor as if it were indivisible.
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Every obligation, although susceptible of division, must always be performed between the creditor and the debtor as if it were indivisible.

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813
Article 813 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The divisibility of obligations is applicable only to the heirs of the creditor or the debtor, who may demand the debt or be bound to...
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The divisibility of obligations is applicable only to the heirs of the creditor or the debtor, who may demand the debt or be bound to pay only for their share and portion, as representing the creditor or the debtor.

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814
Article 814 Civil Law · Des Diverses espèces d'Obligations
Contract Law
There is an exception with regard to the debtor's heirs to the principle established in the preceding article: 1°. Where the debt is secured by...
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There is an exception with regard to the debtor's heirs to the principle established in the preceding article:

1°. Where the debt is secured by mortgage;
2°. Where it concerns a specific thing;
3°. Where it concerns an alternative debt of things at the creditor's choice, one of which is indivisible;
4°. Where one of the heirs is alone charged, by the title, with performing the obligation;
5°. If it results from the nature of the engagement, the thing that is its object, or the purpose intended in the contract, that the intention of the parties was that the debt could not be paid partially.

The heir who, in the first three cases, possesses the thing due or the property mortgaged for the debt may be sued for the whole, with recourse against his co-heirs. In the fourth case, the heir alone charged with the debt may be sued, and in the fifth case, each heir may also be sued for the whole, with recourse against his co-heirs.

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815
Article 815 Civil Law · Des Diverses espèces d'Obligations
Contract Law
An obligation, although without solidarity, being contracted jointly by several persons for an indivisible debt, each of them is liable for the total payment.
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An obligation, although without solidarity, being contracted jointly by several persons for an indivisible debt, each of them is liable for the total payment.

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816
Article 816 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The same applies with regard to the heirs of the one who contracted such an obligation.
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The same applies with regard to the heirs of the one who contracted such an obligation.

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817
Article 817 Civil Law · Des Diverses espèces d'Obligations
Contract Law
Although each heir of the creditor may have and has the right to demand full performance of the indivisible obligation, he alone cannot release the...
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Although each heir of the creditor may have and has the right to demand full performance of the indivisible obligation, he alone cannot release the entirety of the debt; nor can he alone receive the price instead of the indivisible thing.

If, however, one of the heirs has alone released the debt or received the price of the indivisible thing, his co-heir may demand the indivisible thing only by accounting for the portion of the one who made the release or received the price.

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818
Article 818 Civil Law · Des Diverses espèces d'Obligations
Contract Law
If the debt is of such a nature that it can be discharged only by one of the heirs, and he has been sued for...
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If the debt is of such a nature that it can be discharged only by one of the heirs, and he has been sued for the full payment, he may be condemned, with recourse for indemnity against his co-heirs; but if the debt can be discharged by all co-heirs, the one who is sued may request a delay to bring his co-heirs into the proceedings.

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819
Article 819 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The clause binding one or more parties to something in case of non-performance, for the assurance of the convention, is a penalty clause.
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The clause binding one or more parties to something in case of non-performance, for the assurance of the convention, is a penalty clause.

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820
Article 820 Civil Law · Des Diverses espèces d'Obligations
Contract Law
The principal obligation being null, the penal clause is also null; but the nullity of the penal clause does not entail that of the principal...
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The principal obligation being null, the penal clause is also null; but the nullity of the penal clause does not entail that of the principal obligation.

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