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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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1433
Article 1433 Civil Law · Des Privilèges
Property Law
The rights of the treasury and state domains shall be preferred over all other claims.
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The rights of the treasury and state domains shall be preferred over all other claims.

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1434
Article 1434 Civil Law · Des Privilèges
Property Law
Privileges apply to movables or immovables.
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Privileges apply to movables or immovables.

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1435
Article 1435 Civil Law · Des Privilèges
Property Law
Privileges may be general or particular on certain movables.
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Privileges may be general or particular on certain movables.

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1436
Article 1436 Civil Law · Des Privilèges
Property Law
Only the following claims shall be privileged over all movables, and the privilege shall be exercised in the following order: 1st. Court costs; 2nd. Funeral...
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Only the following claims shall be privileged over all movables, and the privilege shall be exercised in the following order: 1st. Court costs; 2nd. Funeral expenses; 3rd. Costs of the last illness, of whatever kind, concurrently among all to whom they are owed; 4th. Wages of domestic servants for the past year and the current year; 5th. For the last six months of subsistence supplies furnished to the debtor and his family by retail merchants such as bakers, butchers, and others; and for those furnished by boarding house keepers and wholesale merchants for the last year only.

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1437
Article 1437 Civil Law · Des Privilèges
Property Law
Particular movable privileges include: 1st. Rents and farm leases on harvest fruits and all furnishing the leased property and serving its operation, for amounts due...
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Particular movable privileges include: 1st. Rents and farm leases on harvest fruits and all furnishing the leased property and serving its operation, for amounts due and to become due under authentic or date-certain leases (without certain date: only past due + current + one year ahead); this privilege also covers lease clause enforcement and repairs; the owner may seize furnishings from third-party possessors if removed without consent within 40 days for plantations, 15 days for houses; 2nd. Claims secured by pledge in creditor's possession; 3rd. Legitimate preservation costs; 4th. Unpaid purchase price of movables still in debtor's possession (vendor may reclaim within 8 days of delivery if in same condition; vendor's privilege subordinate to landlord's unless landlord knew goods weren't tenant's); 5th. Innkeeper's claims on traveler's effects; 6th. Carrier's costs on transported goods.

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1438
Article 1438 Civil Law · Des Privilèges
Property Law
Privileged creditors on immovables are: 1st. The seller, on the immovable sold, for the price (multiple sellers ranked by seniority); 2nd. Those who furnished money...
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Privileged creditors on immovables are: 1st. The seller, on the immovable sold, for the price (multiple sellers ranked by seniority); 2nd. Those who furnished money for acquisition, if authentically proven by the deed and receipt that borrowed funds were used for payment; 3rd. Co-heirs, on succession immovables, for reciprocal guarantees and partition adjustments; 4th. Architects, contractors, masons, carpenters and other workers for building, reconstruction, or repair, provided expert reports of pre-work condition and post-work acceptance were made within six months of completion; 5th. Those who furnished money to pay workers, with the same formalities as acquisition lenders.

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1439
Article 1439 Civil Law · Des Privilèges
Property Law
The privileges stated in article 1436 extend to both movables and immovables.
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The privileges stated in article 1436 extend to both movables and immovables.

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1440
Article 1440 Civil Law · Des Privilèges
Property Law
If for lack of movables, the privileged creditors mentioned in the preceding article compete with immovable privileged creditors, payments shall be made in the following...
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If for lack of movables, the privileged creditors mentioned in the preceding article compete with immovable privileged creditors, payments shall be made in the following order: 1st. Court costs and other claims in article 1436; 2nd. Claims designated in article 1438.

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1441
Article 1441 Civil Law · Des Privilèges
Property Law
For the privilege to take effect among creditors with respect to immovables, the claim must be made public by registration in the records kept by...
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For the privilege to take effect among creditors with respect to immovables, the claim must be made public by registration in the records kept by the clerk of the seneschal court of the place where the immovables are situated; the privilege then takes effect from the date of registration, subject only to the following exception.

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1442
Article 1442 Civil Law · Des Privilèges
Property Law
Only the claims stated in article 1436 are exempt from the formality of registration.
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Only the claims stated in article 1436 are exempt from the formality of registration.

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1443
Article 1443 Civil Law · Des Privilèges
Property Law
Transcription of the title deed by the buyer or seller preserves the seller's privilege, as well as that of the lender who furnished funds for...
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Transcription of the title deed by the buyer or seller preserves the seller's privilege, as well as that of the lender who furnished funds for the sale price and was subrogated to the seller's rights by the same contract. Registration of other claims arising from the deed shall be made ex officio by the seneschal court clerk, for the benefit of both seller and lenders.

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1444
Article 1444 Civil Law · Des Privilèges
Property Law
By registration of the partition deed or auction adjudication, made within three months of their date, the co-heir or co-partitioner preserves his privilege on the...
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By registration of the partition deed or auction adjudication, made within three months of their date, the co-heir or co-partitioner preserves his privilege on the property of each lot or on the auctioned property, for the equalization payment or auction price.

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1445
Article 1445 Civil Law · Des Privilèges
Property Law
Architects, contractors, masons, carpenters, and other workers employed to build, reconstruct, and repair buildings or other works, as well as those who lent the funds...
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Architects, contractors, masons, carpenters, and other workers employed to build, reconstruct, and repair buildings or other works, as well as those who lent the funds to pay them (the application of which has been verified), preserve their privileges by registration of both the pre-work condition report and the acceptance report, from the date of registration of the first report.

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1446
Article 1446 Civil Law · Des Privilèges
Property Law
Creditors and legatees who, pursuant to article 527 et seq. of Title XV on Successions, have requested separation of the deceased's estate, shall preserve their...
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Creditors and legatees who, pursuant to article 527 et seq. of Title XV on Successions, have requested separation of the deceased's estate, shall preserve their privileges on the succession's immovables against the heirs' creditors by registration within six months from the date the succession opened, on each dependent property.

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1447
Article 1447 Civil Law · Des Privilèges
Property Law
The rights of various privileged claims are exercised by assignees in the place of their assignors.
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The rights of various privileged claims are exercised by assignees in the place of their assignors.

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1448
Article 1448 Civil Law · Des Privilèges
Property Law
The formalities prescribed above for preservation of privilege, if not fulfilled, shall not deprive them of mortgage rights; but with respect to third parties, their...
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The formalities prescribed above for preservation of privilege, if not fulfilled, shall not deprive them of mortgage rights; but with respect to third parties, their rights shall date only from the day of registration made as explained hereafter.

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1449
Article 1449 Civil Law · Des Hypothèques
Property Law
A mortgage is the real right a creditor has over his debtor's immovables, securing an obligation. A mortgage is by nature indivisible, and subsists in...
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A mortgage is the real right a creditor has over his debtor's immovables, securing an obligation. A mortgage is by nature indivisible, and subsists in its entirety on all and each of the affected immovables, even on each portion thereof, and follows them into whatever hands they pass.

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1450
Article 1450 Civil Law · Des Hypothèques
Property Law
A mortgage is either legal, judicial, or conventional; it exists only in the cases and according to the forms authorized by law.
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A mortgage is either legal, judicial, or conventional; it exists only in the cases and according to the forms authorized by law.

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1451
Article 1451 Civil Law · Des Hypothèques
Property Law
That which results from the law is legal. It is judicial if it results from judgments or judicial acts. And it is conventional if it...
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That which results from the law is legal. It is judicial if it results from judgments or judicial acts. And it is conventional if it depends on agreements and the external forms of deeds and contracts.

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1452
Article 1452 Civil Law · Des Hypothèques
Property Law
Movables not being subject to mortgage pursuit, only the following property may be mortgaged: 1st. Immovable property in commerce and their accessories deemed immovable; 2nd....
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Movables not being subject to mortgage pursuit, only the following property may be mortgaged: 1st. Immovable property in commerce and their accessories deemed immovable; 2nd. The usufruct of the same property and accessories during its duration.

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