Civil Code.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The Civil Code currently in force in Ethiopia was promulgated in 1960. It has been subject to some amendments, the last one on 2009. The Code consists of 3367 articles divided into the following Books: I) Persons; II) Family and successions; III) Goods; IV) Obligations; V) Special contracts.
PROPERTY AND REAL RIGHTS. Book III of the Code sets out general principles applicable to goods and their possession. Title VII (arts. 1151-1256) regulates the acquisition, transfer, extinction and proof of ownership, and further defines rights and duties of owners. Property belonging to the State or other administrative bodies shall be subject to the provisions relating to property privately owned (art. 1444) . Property belonging to the State or other administrative bodies shall be deemed to form part of the public domain where (a) it is directly placed or left at the disposal of the public; or (b) it is destined to a public service and is, by its nature or by reason of adjustments, principally or exclusively adapted to the particular purpose of the public service concerned (art. 1445). Occupation is included among the different ways of acquisition, specifically as regards animals and bees (see arts. 1151-1153). Usucaption is regulated under articles 1168 and 1169. Title VIII is dedicated to joint ownership, usufruct and other rights in rem, including servitudes. Title IX provides for the keeping o registers and publicity of immovable property. Private property may be expropriated for public purposes, according to the procedures under articles 1461-1488 and upon compensation.
INHERITANCE. Book II defines bonds of relationship by consanguinity and affinity and further establishes rules of succession (Title V), both through intestate succession and wills.
OBLIGATIONS AND CONTRACTS. Book IV concerns obligations deriving from contracts (Title XII), extra-contractual liability and unlawful enrichment (Title XIII), and agency (Title XIV). Book V is devoted to special contracts, in particular sale, donation, loan, as well as contracts for the performance of services (including contracts for agricultural work, see arts. 2605-2609) and contracts for the custody, use or possession of chattels (see art. 2739-2766 on hiring of cattle). Title XVIII sets out specific rules applicable to contracts relating to immovables (sale, lease, mortgage and antichresis).
LAND. The Code lays down provisions applicable to the collective exploitation of property (Title IX, under Book II on Goods). Special attention is given to agricultural communities. Land owned by an agricultural community such us a village or tribe shall be exploited collectively whenever such mode of exploitation conforms to the tradition and custom of the community concerned (art. 1489). The Code refers to customary rules and its codification (art. 1490). Land owned by an agricultural community may not be acquired by usucaption (art. 1493). Special rules regarding the lease of land are laid down under articles 2975-3018.
CULTIVATED PLANTS. See specific rules concerning the lease of agricultural lands and related crops. Model contracts may be drawn up by the Ministry of Agriculture, concerning lands intended for certain kinds of cultivation or lands situated in certain areas of Ethiopia (art. 2976).
INDIGENOUS RIGHTS. Chapter 2 of Title IX on collective exploitation of property (arts. 1489-1500) provides for the protection of land rights of agricultural communities (villages and tribes).
WATER. Waterways, lakes and underground accumulations of water shall be deemed to form part of the public domain (art. 1447). Underground accumulations of water and rivers form part of the public domain;no person may without pennission construct on his land a drilling exceeding one hundred metres in depth (art. 1255). The ownership and use of water is governed by the provisions of articles 1228-1256. Priority is given to the community in the usage of all running and still water, and particularly to domestic use (art. 1237). Provisions are laid down as regards the appropriation of water and related servitudes; irrigation; industrial use; hydraulic power; rainwater; drainage; taking of water; aqueduct and laying out of pipes.
LIVESTOCK AND ANIMAL PRODUCTION. The Code sets forth specific provisions on cattle, in particular as regards the sale of cattle and other living animals (see art. 2368 et seq.) and the hiring of cattle (art. 2739). In case of sale of cattle, a special legal warranty against animal diseases is envisaged (art. 2369). Rules on the appropriation of animals and bees are in articles 1152 and 1153.
PROPERTY AND REAL RIGHTS. Book III of the Code sets out general principles applicable to goods and their possession. Title VII (arts. 1151-1256) regulates the acquisition, transfer, extinction and proof of ownership, and further defines rights and duties of owners. Property belonging to the State or other administrative bodies shall be subject to the provisions relating to property privately owned (art. 1444) . Property belonging to the State or other administrative bodies shall be deemed to form part of the public domain where (a) it is directly placed or left at the disposal of the public; or (b) it is destined to a public service and is, by its nature or by reason of adjustments, principally or exclusively adapted to the particular purpose of the public service concerned (art. 1445). Occupation is included among the different ways of acquisition, specifically as regards animals and bees (see arts. 1151-1153). Usucaption is regulated under articles 1168 and 1169. Title VIII is dedicated to joint ownership, usufruct and other rights in rem, including servitudes. Title IX provides for the keeping o registers and publicity of immovable property. Private property may be expropriated for public purposes, according to the procedures under articles 1461-1488 and upon compensation.
INHERITANCE. Book II defines bonds of relationship by consanguinity and affinity and further establishes rules of succession (Title V), both through intestate succession and wills.
OBLIGATIONS AND CONTRACTS. Book IV concerns obligations deriving from contracts (Title XII), extra-contractual liability and unlawful enrichment (Title XIII), and agency (Title XIV). Book V is devoted to special contracts, in particular sale, donation, loan, as well as contracts for the performance of services (including contracts for agricultural work, see arts. 2605-2609) and contracts for the custody, use or possession of chattels (see art. 2739-2766 on hiring of cattle). Title XVIII sets out specific rules applicable to contracts relating to immovables (sale, lease, mortgage and antichresis).
LAND. The Code lays down provisions applicable to the collective exploitation of property (Title IX, under Book II on Goods). Special attention is given to agricultural communities. Land owned by an agricultural community such us a village or tribe shall be exploited collectively whenever such mode of exploitation conforms to the tradition and custom of the community concerned (art. 1489). The Code refers to customary rules and its codification (art. 1490). Land owned by an agricultural community may not be acquired by usucaption (art. 1493). Special rules regarding the lease of land are laid down under articles 2975-3018.
CULTIVATED PLANTS. See specific rules concerning the lease of agricultural lands and related crops. Model contracts may be drawn up by the Ministry of Agriculture, concerning lands intended for certain kinds of cultivation or lands situated in certain areas of Ethiopia (art. 2976).
INDIGENOUS RIGHTS. Chapter 2 of Title IX on collective exploitation of property (arts. 1489-1500) provides for the protection of land rights of agricultural communities (villages and tribes).
WATER. Waterways, lakes and underground accumulations of water shall be deemed to form part of the public domain (art. 1447). Underground accumulations of water and rivers form part of the public domain;no person may without pennission construct on his land a drilling exceeding one hundred metres in depth (art. 1255). The ownership and use of water is governed by the provisions of articles 1228-1256. Priority is given to the community in the usage of all running and still water, and particularly to domestic use (art. 1237). Provisions are laid down as regards the appropriation of water and related servitudes; irrigation; industrial use; hydraulic power; rainwater; drainage; taking of water; aqueduct and laying out of pipes.
LIVESTOCK AND ANIMAL PRODUCTION. The Code sets forth specific provisions on cattle, in particular as regards the sale of cattle and other living animals (see art. 2368 et seq.) and the hiring of cattle (art. 2739). In case of sale of cattle, a special legal warranty against animal diseases is envisaged (art. 2369). Rules on the appropriation of animals and bees are in articles 1152 and 1153.
Attached files
Web site
Repealed
No
Source language
English
Legislation Amendment
No