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...
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.
Article 109. – Applicability of Provisions Relating to
Liquidation of Pecuniary Relations Between Spouses.
1) The provisions
of Chapter Five of this Code shall be applicable accordingly notwithstanding
that the marriage is dissolved not by divorce.
2) When the dissolution
of marriage is caused by the death of one of the spouses, the provisions of
Chapter Five of this Code shall be applicable accordingly to disputes which may
arise between the surviving spouse and the heirs of the deceased concerning the
partition of property.
Article 110. – Dispute Between Spouses.
The court may, when it deems necessary, sit in camera while
consulting with the spouses either jointly or separately or when examining
witness , as the case may be.
Article 111. – Decision.
Where circumstances require that it is necessary for the
protection of the reputation of the spouses and their family, the court may
confine itself to stating the existence of sufficient causes for the divorce
without details of the case in its decision.
Article 112. – Appeal.
No appeal shall lie solely on the judgment of the court
deciding divorce.
Article 113. – Custody of Children.
1) The court shall,
when deciding the dissolution of marriage, also decide as to which spouse shall
have custody of the children, care of their education, health, maintenance and
the rights of the parents and the children to visit each other.
2) When giving
decision under Sub-Article (1), the court shall take into account the income,
age, health, and condition of living of the spouse as well as the age and
interests of the children.
3) The court may ,
on application and taking into account the change of circumstances, revise or
reverse its decision given under his Article regarding the custody and
maintenance of the children.
Article 114. – Irregular Union.
The provisions of this section shall also be applicable to the extent they are relevant, to cases concerning irregular union.
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