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Showing posts from August, 2020

Key Concepts in Succession Law

Key Concepts in Succession Law Key Concepts in Succession Law Explore the fundamental concepts and principles of the Law of Successions. Click on any section below to learn more. 🏛️ General Considerations & Patrimony Definition of succession and the concept of patrimony. ⏳ Opening of Succession Time and place where succession begins. 💎 Inheritable Property Scope of the hereditary estate, including corporeal and incorporeal rights. 👤 Capacity to Inherit Who has the legal right to inherit. 🚫 Unworthiness to Succeed Grounds...
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Departure of Ethiopian family laws: the need to redefine the place of societal norms in family matters

  Mulugeta Getu Sisay Haramaya Law Review Vol. 4 No. 1 (2015) DOWNLOAD PDF Abstract Most legal theorists agree that law is the ‘mirror of society’ and its purpose is ‘maintenance of social order’. This so called mirror-theory underlines that the basic source of law is social values and interaction, and the state should not blatantly ignoresocietal values and impose aspirational laws. Unfortunately, Ethiopia has taken measures to modernize the country through legislative reforms including by abolishing selected aspects of customary family institutions in 1960 and 2000. As a result, important values of the society have been overlooked in the official family laws and that separate the law from the community. Betrothal, one of the long established practices of Ethiopians, is totally ignored by the federal family law and has become an extra-judicial act.
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Public Consultation toward Ethiopia’s Family Law Reform and the Revised Code’s Response

Mandefrot Belay Mizan Law Review Vol. 10 No. 1 (2016) DOWNLOAD PDF Abstract This note provides the historical context and background of the reform initiative of Ethiopian family law (in 1998-2000) and the outcome thereof. The note identifies the issues that were subject of discourse and shows how the current law has addressed them.
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The Effect of Bigamous Marriage on Distribution of Marital Property in Ethiopia: A Case comment

Journal of Ethiopian Law, Volume 25, Issue 2, Sep 2012, p. 236 - 253 Aschalew Ashagre Introduction  Marriage is a sacred institution which has been well accepted by society in every corner of the world. As such, marriage has been recognized and protected by both national laws of countries1 and international legal instruments.2Legal recognition and protection is given to marriage because it is through marriage that humanity establishes and maintains family, which is the fundamental unit of society.3The recognition and protection of marriage becomes meaningful when the law gives recognition and protection to the effects produced by marriage. The basic effects of marriage can be divided into personal and pecuniary.4 In Ethiopia, personal effects of marriage pertain to respect, support, assistance,5 joint management of family,6 cohabitation,7 determination of residence,8 duty of fidelity9 and the like.
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BIGAMOUS MARRIAGE AND THE DIVISION OF COMMON PROPERTY UNDER THE ETHIOPIAN LAW: REGULATORY CHALLENGES AND OPTIONS

Jetu E. Chewaka  Oromia Law Journal [Vol 3, No. 1]   DOWNLOAD PDF INTRODUCTION  The practice of bigamous marriage in rural and urban Ethiopia is deeply rooted in religious and customary practices. According to the Ethiopian Demographic and Health Survey Report of 2011 (EDHS), eleven percent of married women in Ethiopia are in bigamous marriage, with nine percent having only one co-wife and two percent having two or more co-wives.1 Similarly, five percent among the married men in Ethiopia live as a bigamous marriage having two or more wives.2 Despite its prevalence, however, the practice of bigamy is prohibited under the Family and Criminal Code of Ethiopia. Though the prevalence of bigamous marriage in developed countries is defended on the basis of the right to religion and culture,3 the socioeconomic justification for its prevalence is stronger and more felt in developing countries such as Ethiopia. Particularly, given the low economic and educational status of wom...
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The Revised Family Code-CHAPTER THIRTEEN Miscellaneous Provisions

  CHAPTER THIRTEEN Miscellaneous Provisions Article 319. - Inapplicable Laws. 1)     The following provisions shall not be applicable in the Administrations where this Code applies: (a)     Provisions of the Civil Code of 1960 on Persons (Book One, Article 198-338); (b)     Provisions of the Civil Code of 1960 on Family and Successions (Book Two, Article 550-825). 2)     Any laws, regulations, directives, decisions or practices inconsistent with this Code shall not be applicable on matters provided in this Code.
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The Revised Family Code-CHAPTER ELEVEN OBLIGATION TO SUPPLAY MAINTENANCE

  CHAPTER ELEVEN OBLIGATION TO SUPPLAY MAINTENANCE Article 197. -   Subject Matter of the Obligation. The person   bound to supply maintenance under Article 198 of this Code shall supply to his creditor the means to feed, lodge clothe, and to care for this health and education, as the case may be, in a decent manner having regard to social condition and local custom.
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CHAPTER NINE FILIATION Section 1. Ascertainment of Paternity and Maternity-Section 2. Legal Conflicts in Regulating Paternity.

  Section 2. Legal Conflicts in Regulating Paternity.   Article 146. – Regulation of Paternity (1) Principle. When, on applying the preceding Articles, a child must be attributed to several fathers, a regulation of paternity may be made by agreement between the persons to whom the paternity of the child is thus attributed by the law.
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The Revised Family Code-CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION-Section 3. Arbitration

  Section 3. Arbitration Article 119. – Appointment of Arbitrators. 1)     Where the spouse have decided to settle their dispute through arbitration in accordance with Article 82 (2) of this Code, they shall appoint one or more arbitrators and submit, within fifteen days from the date they were told to do so, the names of those arbitrators to the court. 2)     On receiving the list of arbitrators or when the arbitrators appear before it in accordance with Sub-Article (1) of this Article, the court shall make a record forthwith and give direction as to how the reconciliation has to proceed and to submit the result of the arbitration or the attempt of reconciliation within three months. 3)     Notwithstanding the provisions of Sub-Article (2) of this Article, the court may, where it deems necessary, examine the progress of the arbitration and make orders for submission of periodical reports thereon.
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The Revised Family Code-CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION-Section 1. General

CHAPTER EIGHT SETTLEMENT OF DISPUTES ARISING OUT OF MARRIAGE AND IRREGULAR UNION Section 1. General Article 108. – Applicable Law. Without prejudice to the procedural provisions provided in this Code, the provisions of the Civil Procedure Code of Ethiopia shall be applicable to disputes arising on matters provided in this Code.
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The Revised Family Code-CHAPTER FIVE LIQUIDATION OF PECUNIARY RELATIONS BETWEEN SPOUSES

CHAPTER FIVE LIQUIDATION OF PECUNIARY RELATIONS BETWEEN SPOUSES   Article 85. – Liquidation by Agreement. 1)     Without prejudice to the provisions of this Code relating to compensation, where the marriage is dissolved in accordance with the provisions of this Code, the pecuniary relation between spouses shall be liquidated in accordance with the agreement entered into by the spouses or the contract of their marriage. 2)     In default of a contract of marriage or an agreement , or if these are not valid under the law, the pecuniary relations between spouses shall be liquidated in accordance with the following provisions.
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The Revised Family Code-CHAPTER FOUR DISSOLUTION OF MARRIAGE-Section 1. Divorce by Mutual Consent

  Section 1. Divorce by Mutual Consent Article 77. – Petition for Divorce by Mutual Consent. 1)    Where the spouses have agreed to divorce by mutual consent, such agreement, which shall also regulate the consequences thereof, shall be submitted in writing to the court for approval. 2)    Notwithstanding the provisions of Sub-Article (1) of this Article, spouses whose marriage lasted for less than six months shall not be permitted to divorce by mutual consent. 3)    Spouses who petition for divorce by mutual consent are not obligated to state the reason thereof.
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The Revised Family Code-CHAPTER FOUR DISSOLUTION OF MARRIAGE

  CHAPTER FOUR DISSOLUTION OF MARRIAGE   Article 74. – Various Forms of Marriage Equivalent. 1)    The causes and effects of dissolution of marriage shall be the same whichever the form of celebration of the marriage. 2)    No distinction shall be made concerning dissolution whichever the form according to which the marriage is celebrated.
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The Revised Family Code-CHAPTER THREE EFFECTS OF MARRIAGE-Section 3. Pecuniary Effects of Marriage

  Section 3. Pecuniary Effects of Marriage Article 57. – personal property of Spouses (1) property not acquired by Onerous Title. The property which the spouses possess on the day of their marriage, or which they acquire after their marriage by succession or donation, shall remain their personal property.
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The Revised Family Code-CHAPTER THREE EFFECTS OF MARRIAGE-Section 1. General Rules

  CHAPTER THREE EFFECTS OF MARRIAGE   Section 1. General Rules Article 40. – Various Forms of Marriage Equivalent. 1)     Marriage produces the same legal effects whatever the form according to which it has been celebrated. 2)     No distinction shall be made as to whether the marriage has been concluded before an officer of civil status or according to the forms prescribed by religion or custom.
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The Revised Family Code-CHAPTER TWO EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE

CHAPTER TWO EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE   Article 31. – Age 1)     Without prejudice to Sub-Article (2) of Article 7 of this Code, marriage concluded by a man or a woman under the age of eighteen years shall dissolve on the application of any interested person or the public prosecutor.
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The Revised Family Code-CHAPTER ONE CONCLUSION OF MARRIAGE-Section 6. Registration of Marriage

Section 6. Registration of Marriage Article 28. – Registration. 1)     Marriage shall be registered by a competent officer of civil status irrespective of the form according to which the marriage is celebrated. 2)     The officer of civil status who recorded the marriage    in accordance with Sub-Article (1) of this Article shall issue a certificate of marriage to the spouses. 3)     Any marriage shall have effect   from the date of its conclusion.
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The Revised Family Code-CHAPTER ONE CONCLUSION OF MARRIAGE- Section 5. Other Marriages

 Section 5. Other Marriages Article 26. – Religious Marriage 1)     The conclusion of religious marriage and the formalities thereof shall be as prescribed by the religion concerned. 2)     The provision of this Code relating to the essential conditions of marriage shall be complied within religious marriage. Article 27. – Customary Marriage. 1)      The conclusion of customary marriage and the formalities thereof shall be as prescribed by the custom of the community concerned. 2)     The provisions   of this code relating to the essential conditions of marriage shall be compiled with in customary marriage.
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The Revised Family Code-CHAPTER ONE CONCLUSION OF MARRIAGE-Section 4. Marriage Celebrated before an Officer of Civil status (civil marriage)

  Section 4. Marriage Celebrated before an Officer of Civil status (civil marriage) Article 22. – Authorized Officer of Civil Status. Civil marriage shall be concluded before the officer of civil status of the place where one of the future spouses or one of the ascendants or close relatives of one of them has established residence by continuously living, there for not less than six months prior to the date of the marriage.
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The Revised Family Code-CHAPTER ONE CONCLUSION OF MARRIAGE- Section 2. Essential Conditions of Marriage

  Section 2.   Essential Conditions of Marriage Article 6. –   Consent. A valid marriage shall take place only when the spouses have given their free and full consent. Article 7. – Age 1)     Neither a man nor a woman who has not attained the full age of eighteen years shall conclude marriage.
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The Revised Family Code-CHAPTER ONE CONCLUSION OF MARRIAGE-Section 1. General

  CHAPTER ONE CONCLUSION OF MARRIAGE   Section 1. General Article 1. – Various Forms of Marriage. 1)    Marriage may be concluded before an officer of civil status. 2)    Notwithstanding the provision of Sub-Article (1) of this Article, marriage may be concluded in accordance with the religion or custom of the future spouses.
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Proof by Certificate of Marriage

Proof by Certificate of Marriage In accordance with Art. 94 of the Revised Family code, marriage is proved by producing the certificate of marriage drawn up at the time or after the celebration of the marriage in accordance with the Law. Even though there is no definition of the tem, a certificate of marriage is that which is issued by the officer of Civil status who is authorized to record the marriage in accordance with Art.28 of the code.
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Forms of Marriage Under Ethiopian Family Law

  FORMS OF MARRIAGE Marriage can be celebrated in three different ways under the jurisdiction of Ethiopian legal system. Marriage can be concluded before an officer of civil status or in accordance with religion or custom of the future spouses. The future spouses are free to choose one of the forms of marriage to conclude marriage.
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