ELECT OF GOD, EMPEROROF ETHIOPIA. WHEREAS.of Law in Africa' (January 1960) figured the problem of judicial and legislative adaptation of customary law to existing needs.1 The methods of gradual adapta-tion therein preconized seem strikingly at variance with the all-out repeals con-tained in the comprehensive Ethiopian Civil Code of 1960, whose Article 3347Even though this law was enforced in 1960 by Emperor HAILE SELASSIE I but it is also applicable to the present legal system.The Ethiopian Civil Code, 1960 amended by Proclamation n 2/1991, Transitional Civil Code of Eritrea, Vol.
Ethiopian Civil Code 1960 Code Governing SalesThis paper critically analyzes the 1960 Ethiopian civil code governing sales of goods in the context of international convention and principles. And, the paper argues that the Ethiopian civil code governing sale of goods is no compatible with the main provisions of the international convention and principles.የፍታብሄር ህግ በተለይም ለንብረት ህግ፣ለውል ህግ፣ ከውል ውጪ ለሚመጣ ሃላፊነት በሚመለከት ህግ፣ ለሽያጭ ህግ፣ ለውርስ ህግ፣ ለቤተሰብ ህግ፣ እና ለሌሎች ዋና ዋና ህጎችም የሚያገለግል ህግ ነው፡፡166 of 1960. THE COMMERCIAL CODE PROCLAMATION OF 1960.They were continuously practiced as a traditional form of settling grievances. Dispute settlement modalities, other than judicial litigation, were known even before the era of codification. - Sources of extra-contractual liability.(1) Irrespective of any undertaking on his part, a person shall be liable for the damage he causes to another by an offence.(2) A person shall be liable, where the law so provides, for the damage he causes to another by an activity in which he engages or by an object he possesses.(3) A person shall be liable where a third party for whom he is answerable in law incurs a liability arising out of an offence or resulting from the law.The authority to act on behalf of another may derive from the law or a contract. Law of person which is provided starting fromThe human person is the subject of rights from its birth to its death. Law of property which is provided starting from Law of succession which is provided starting from(1) Where a person dies, the succession of such person, called the deceased, shall open at the place where he had his principal residence at the time of his death.(2) The rights and obligations of the deceased which form the inheritance shall pass to his heirs and legatees, in accordance with the provisions of this Title, unless such rights and obligations terminate by the death of the deceased. Contact law which is provided starting fromA contract is an agreement.Also, the second sub-article stipulates that the arbitrator can be empowered to decide disputes relating to his own jurisdiction. Art 7/5/ of the Model Law says that an arbitration agreement can be contained in writing in a statement of claim and defense “in which the existence of an agreement is alleged by one party and not denied by the other.One can be prompted to ask: does this mean that arbitration agreements that are not registered in a public notary that are found in letter exchanges, fax, which are valid under the New York Convention, UNICTRAL Model Law, void? If so, why is the point of putting such a huge barrier?Under the auspices of Art 3340, the parties can authorize the arbitrator to decide difficulties arising out of the interpretation of the submission itself. For example, if a party signs an arbitral submission agreement with administrative agents, the agreement has to be in writing and registered in a public notary.Art 7/4/ of UNICTRAL Model Law says that electronic communication is allowed if it is readable and accessible for subsequent references. Art 3326/2/ of the Civil Code urges the disputants to take the form prescribed by law whenever they sign an agreement. These provisions will come into effect if arbitration is required by law the persons have entered into a written agreement to submit their disputes.In the sphere of Ethiopian arbitration law, special form can be prescribed for arbitration. The pertinent provisions of the CPC do not make a difference, except in cases of execution of foreign arbitral awards, between domestic and international arbitration.The Civil Code of Ethiopia defines arbitration as a contract whereby the parties to a dispute entrust its solution to a third party, the arbitrator who undertakes, to settle the dispute in accordance with the law.Ethiopian Civil Code 1960 Trial Became TheBy the same token, arbitration tribunals are allowed to decide on their own competence.On the contrary, what the Civil Code is silent is about the principle of separability. The power of judicial body to determine its own competence is an accepted principle and a common feature of instruments governing international and judicial procedures. Since speedy trial became the necessity of business, acknowledging the principle of competence-competence has become fundamental. According to Art 3132 of the Civil Code, administrative contracts are those that serve the general interest of the public or are clearly qualified as such by the contracting parties or could only have been inspired by urgent considerations of general interest extraneous to relations between private individuals.A dispute is arbitrable if it concerns a subject matter capable of settlement by arbitration. Inarbitrability of administrative contracts serves as exception to the rule. Art 3330/3/ says: “the arbitrator may in no case be required to decide whether the arbitral submission is or is not valid.” The kind of legislative restriction is unclear and makes the independence of the tribunal vaguer.Arbitrability of administrative contracts is another unresolved issue in Ethiopian context. The reason behind recognizing such possibility is that the parties agree on the institution of adjudication process, where third party arbitrators will be conferred with jurisdictional power to evaluate all aspects of the contract’s existence including its validity.The doctrine of separability is absent from Ethiopian Civil Code. The traditional approach disallows arbitration to take place if the arbitral panel finds out that it has to decline jurisdiction.The modern approach speaks differently: the immediate effect of the separation would be that the arbitration agreement would not be affected by the termination of the contract. Respondus equation editor 4Consequently, any award given will not be enforced by national courts.The case of arbitrability of in Ethiopia is open for interpretation, i.e. The arbitration panel will lose competence if the national law says the dispute is not arbitrable, but the parties did otherwise. Yet, in international commercial arbitration, agreements to infringe certain basic rights, bribe public officials to secure investment projects remain inarbitrable.Though arbitrability is often considered to be a requirement for the validity of the arbitration agreement, it is primarily a question of jurisdiction. Note that the role of national law in determining the jurisdiction of international arbitral tribunals remains significant. Under the Swiss Private International Law, for example, a dispute would be capable of being resolved by arbitration if involves property. The Cassation Bench ignored the application of Art 315/2/ of CPC, which exonerated government agencies from arbitration, and interpreted the silence of the Civil Code as a positive sign of arbitrability. Hence, we ought to relay on case law to determine the arbitrability of administrative contracts.In a case law from Cassation Bench, the Supreme Court set a precedent in the matter of arbitrability of administrative contracts. It is vital to keep in mind that the Civil Code does not unequivocally prohibit the arbitrability of administrative contracts. On the contrary, the provisions of the Civil Code are silent regarding the arbitrability of administrative contracts, although reference to CPC is made that needs to be followed by arbitration. 315/4/ says that nothing contained in the CPC shall affect Art 3325-3346 of the Civil Code. In a Cassation court decision, the court decided was silent regarding the appointment of arbitrators, but held that the appellant is not allowed to submit its case to arbitration and reversed the decision of lower courts.The other issue worth considering is disqualification of arbitrators. One author argues that it neither imprecise nor clear if the power of courts is administrative matter.The author claims that when courts are asked to appoint arbitrators, in practice, they check the underlying arbitration agreement. Any court is competent to appoint arbitrator when seized. Art 316/1/ of the CPC says that such kind of appointment can be made by any court, i.e. Yet, if they fail to do so, within the time limit given, courts will be in charge of appointing members of the arbitral tribunal.The cumulative reading of Art 3332/3/ with 3334/1/ and 3343 will lead to the conclusion that courts are empowered to keep an eye on arbitration proceedings. The parties have the discretion to appoint an arbitrator in accordance with the arbitral submission.
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