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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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1453
Article 1453 Civil Law · Des Hypothèques
Property Law
No change is made to maritime laws regarding ships and sea vessels.
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No change is made to maritime laws regarding ships and sea vessels.

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1454
Article 1454 Civil Law · Des Hypothèques
Property Law
Legal mortgage is granted to: married women in community of property, on their husbands' property; 1st. for dowries and matrimonial agreements, from the day of...
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Legal mortgage is granted to: married women in community of property, on their husbands' property; 1st. for dowries and matrimonial agreements, from the day of marriage; 2nd. for successions or donations received during marriage, from opening of succession or effective date of donation; 3rd. for reinvestment of sold immovables and indemnity for debts contracted with husband, from date of sale or obligation. To minors or interdicted persons, on their tutors' property, from acceptance of tutorship. To the state, communes, or public establishments, on the property of receivers and accountable administrators.

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1455
Article 1455 Civil Law · Des Hypothèques
Property Law
All creditors with a legal mortgage may exercise their rights on all present and future immovables belonging to their debtors.
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All creditors with a legal mortgage may exercise their rights on all present and future immovables belonging to their debtors.

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1456
Article 1456 Civil Law · Des Hypothèques
Property Law
Judgments, whether adversarial or by default, final or provisional, give a judicial mortgage to the one who obtained them; it is exercised like the legal...
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Judgments, whether adversarial or by default, final or provisional, give a judicial mortgage to the one who obtained them; it is exercised like the legal mortgage, on all the debtor's present and future immovables.

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1457
Article 1457 Civil Law · Des Hypothèques
Property Law
Only those capable of alienating their immovables may consent to a conventional mortgage.
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Only those capable of alienating their immovables may consent to a conventional mortgage.

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1458
Article 1458 Civil Law · Des Hypothèques
Property Law
A mortgage placed on an immovable possessed only conditionally, or subject to rescission, is subject to the same conditions.
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A mortgage placed on an immovable possessed only conditionally, or subject to rescission, is subject to the same conditions.

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1459
Article 1459 Civil Law · Des Hypothèques
Property Law
The property of minors or interdicted persons may be mortgaged only by virtue of judgments, or in the forms prescribed by law.
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The property of minors or interdicted persons may be mortgaged only by virtue of judgments, or in the forms prescribed by law.

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1460
Article 1460 Civil Law · Des Hypothèques
Property Law
No one may claim to have a mortgage except by virtue of an authentic act executed before a notary.
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No one may claim to have a mortgage except by virtue of an authentic act executed before a notary.

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1461
Article 1461 Civil Law · Des Hypothèques
Property Law
All present property of the debtor is mortgaged by operation of law, even without stipulation, for obligations undertaken in a notarial act; but future property...
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All present property of the debtor is mortgaged by operation of law, even without stipulation, for obligations undertaken in a notarial act; but future property may only be mortgaged by an express stipulation in the act.

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1462
Article 1462 Civil Law · Des Hypothèques
Property Law
The rank of mortgage creditors among themselves, whether the mortgage is judicial or conventional, is determined by the date of registration taken by the creditor...
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The rank of mortgage creditors among themselves, whether the mortgage is judicial or conventional, is determined by the date of registration taken by the creditor in the register kept by the seneschal court clerk for this purpose, in the form and manner prescribed by law. This register must be numbered and initialed by one of the court's judges. Registration is not necessary for claims with a legal mortgage.

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1463
Article 1463 Civil Law · Du mode de l'inscription des Privilèges et des Hypothèques
Property Law
For registrations to be valid, they must be made at the seneschal court clerk's office in the district where the property subject to the mortgage...
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For registrations to be valid, they must be made at the seneschal court clerk's office in the district where the property subject to the mortgage or privilege is located. If during the period that declares void acts made before the opening of bankruptcy, registrations are taken, they shall have no effect; the same applies if registration was taken by a succession creditor only after its opening, or if the succession was accepted only under benefit of inventory.

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1464
Article 1464 Civil Law · Du mode de l'inscription des Privilèges et des Hypothèques
Property Law
No distinction is made between morning and evening registrations of the same day; creditors with the same registration date exercise their mortgages concurrently.
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No distinction is made between morning and evening registrations of the same day; creditors with the same registration date exercise their mortgages concurrently.

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1465
Article 1465 Civil Law · Du mode de l'inscription des Privilèges et des Hypothèques
Property Law
Registration preserves the mortgage and privilege for only ten years from its date; it must be renewed before the expiration of this period.
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Registration preserves the mortgage and privilege for only ten years from its date; it must be renewed before the expiration of this period.

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1466
Article 1466 Civil Law · Du mode de l'inscription des Privilèges et des Hypothèques
Property Law
The debtor owes the registration costs, unless otherwise stipulated; but they are advanced by the registering creditor.
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The debtor owes the registration costs, unless otherwise stipulated; but they are advanced by the registering creditor.

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1467
Article 1467 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
Into whatever hands an immovable passes on which the creditor has a registered privilege or mortgage, the creditor has the right to follow it, to...
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Into whatever hands an immovable passes on which the creditor has a registered privilege or mortgage, the creditor has the right to follow it, to be ranked and paid according to the order of his claim or registration.

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1468
Article 1468 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The third-party possessor is bound by all mortgage debts if he has not fulfilled the formalities established hereafter to purge his property; in that case,...
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The third-party possessor is bound by all mortgage debts if he has not fulfilled the formalities established hereafter to purge his property; in that case, he must either abandon the mortgaged immovable without reservation, or pay all due interest and capital, but he enjoys the terms and delays granted to the original debtor.

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1469
Article 1469 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The mortgage creditor has the right, if the debtor fails to satisfy one of these obligations, to have the mortgaged immovable sold; however, the sale...
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The mortgage creditor has the right, if the debtor fails to satisfy one of these obligations, to have the mortgaged immovable sold; however, the sale may only be pursued forty days after a payment demand served on the original debtor and summons to the third-party possessor to pay or abandon the immovable.

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1470
Article 1470 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The third-party possessor may nevertheless oppose the sale of the mortgaged immovable if he proves other immovables mortgaged for the same debt exist in the...
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The third-party possessor may nevertheless oppose the sale of the mortgaged immovable if he proves other immovables mortgaged for the same debt exist in the possession of the principal debtor(s); he has the right to require prior discussion, following the rules prescribed in the Title on Suretyship.

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1471
Article 1471 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The exception of discussion mentioned in the preceding article may not be raised against the privileged creditor or one with a special mortgage.
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The exception of discussion mentioned in the preceding article may not be raised against the privileged creditor or one with a special mortgage.

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1472
Article 1472 Civil Law · De l'effet des Privilèges et Hypothèques contre les tiers détenteurs
Property Law
The third-party possessor who abandons an immovable must do so at the seneschal court clerk's office of the property's location, and the court shall give...
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The third-party possessor who abandons an immovable must do so at the seneschal court clerk's office of the property's location, and the court shall give an act thereof. The auction of the abandoned property shall be pursued against the curator appointed to it, at the request of the most diligent of the interested parties, and in the forms determined in the Title on Expropriations or Forced Sales.

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