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post Ethiopian Law Newsletter

February 28th, 2010

Filed under: General Issue — Lissan Magazine @ 19:37

Recently, we received a letter from Fikadu Asfaw(Legal Counselor and attorney-at-law) from Addis Abeba. He offered us to contribute an article based on essential law information of Ethiopia. We are grateful that Mr. Fikadu Asfaw volunteered to provide those who are intending to travel around in Ethiopia with useful regulation of the country.

Mr. Asfaw’s letter:
Request for article contribution

Dear Lissan Magazine;
I am writing you this letter from a Fikadu Asfaw law office, an Ethiopia law Office in Addis Ababa. I have seen your articles posted at on different topics. I love them. If it is possible, I would also like to contribute some legal articles, which I post in my website blog.  Thus it is to request you provide me with detailed information in this regard.

Detailed Information about Fikadu Asfaw law office is Available at the following address.
Website: ethiopianlaw.com
Email: fikadu@ethiopianlaw.com

Best regards
Fikadu Asfaw
Legal Counselor and attorney-at-law
fikadu@ethiopianlaw.com

——————————–

ETHIOPIAN LAW NEWSLETTER

Making The Roads Of Addis Safer
Rumors has it that some international (not to say foreign) drivers are wary of driving around Addis Ababa, the capital city of Ethiopia. That might be a little exaggeration, may be intended to trick drivers of Addis, to make them more cautious in their driving, sometimes a tempting way of utilizing their hospitality for good end. Still some statistics has identified Addis (and Ethiopia, we should assume, because: significant percentage of cars in Ethiopia is located in Addis or its surroundings) as a place where traffic accidents are frequent. The story seems destined to be changing these days, at least by common sense standard. The administration seems to have taken note of concerns in traffic accidents and has been taking strict measures to make the roads of Addis safer. It has more than once set more hours and forms of training for prospective licensees, which some say is becoming too expensive in terms of time and money. And to the disappointment of new applicants, the administration had also temporarily suspended issuance of new licenses for a while until, one might assume, the administration overhauled the procedure for issuance.
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Divorce and Ethiopian Law - Divorce and Its Effects under Ethiopian Family Law
If you wonder to know how marriage dissolves in Ethiopia here is some brief note. In Ethiopia, there are three forms of marriage. i.e. civil, customary and religious marriages. But the effect of dissolution of all forms of marriage is the same. How can marriage be dissolved by divorce?
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How to Get a Work Permit in Ethiopia
Are you planning to come to Ethiopia for work? Do you want to know how you can get a work permit here in Ethiopian? Here is significant information in this regard. Enjoy reading it. Except some security issues, which are common for any country, there are no travel restrictions in Ethiopia. Except on flagrant cases there is no serious requirement regarding health, insurance, money…etc. Any foreigner coming to Ethiopia, except those foreigners coming from tourist-generating countries, is required to obtain visa either at the arrival gate or prior to ones arrival from Ethiopian Embassies, Permanent Missions & Consulate Generals, Besides, Ethiopian Honorary Consulates authorized to issue visas by the government can provide the same service.
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Contracts under Ethiopian law: Oral or Written?
One of the principal sources of obligations (do this and do not do that), as you might be well aware, is contract. And its obligations are usually referred consensual to mark the lines separating these obligations from those of the law. How is it, the contract I mean which creates the consensual obligations, formed under the law? Another way of asking is: what are the legal prerequisites to create valid contracts which could be enforced before courts and other appropriate organs? If you mentioned the requirements falling under capacity, consent, object, or form, you definitely have grasped the formation rules of contract laws in Ethiopia. But what are the specific rules under these broad shorthand for formation rules? For example, is “consideration” to be considered for validity or enforceability of a contract under Ethiopian law? How about the issue of “undue influence”? Well you might browse the provisions of the Ethiopian Civil Code and see if you are lucky to find these terms. While promising to come to each of the formation rules later let us for now quickly look into the requirement of form, i.e. how the Ethiopian contract law regulates the methods/ways of expression of one’s agreement.
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Courts in Ethiopia
As keepers, fountains of justice, Ethiopian courts have been playing significant roles (still they could do more) in the administration of justice. Since the Ethiopian State is federal, the courts, whose independence and significance is assured in the FDRE Constitution, are generally structured at federal and state levels. These constitutionally recognized adjudicatory organs are mostly the ordinary courts of law. City and social courts dealing with frequent and/or minor municipal matters are as well other feature of the judicial system in Ethiopia (Addis Ababa City Courts could be illustrious here). Quasi-judicial organs such as the Labour Relations Board (established by the labour law) and Tax Appeal Tribunal(established by tax laws) are other interesting components in the administration of justice. There are also religious and customary courts with limited jurisdiction focusing on maters of personal relations with the consent of disputing parties. Indeed the House of Federation (the upper house of the two parliaments), having the jurisdiction to adjudicate constitutional matters, could also be mentioned in passing.
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Reasons for Termination of Contract Of Employment Under Ethiopian Law
Do want to know when you can validly terminate a contract of employment as per the Ethiopian Labour Law? If so here are the main points.

In Ethiopia the employment relationship between an employer and an employee is governed by The Ethiopian Labour Proclamation 377/2003. According to this proclamation the contract of employment may be terminated by the following different reasons.

*By the initiation of the employer or worker,
*In accordance with the provisions of the law,
*By the collective agreement or by the agreement of the two parties.

This article is basically concerned on discussing the basic grounds of termination under Ethiopian Labour Proclamation. According to the Ethiopian Labour Proclamation, a contract of employment may be the terminated on grounds connected with the worker’s conduct, skill, objective circumstances arising out of his work or the organizational or operational requirements of the undertaking.

Now we will observe the legal grounds that give the employer the opportunity to terminate an employment contract.
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Adoption in Ethiopia
According to Ethiopian family law Adoption can be described as an agreement that may be created between a person and a child or between government or private orphanages and the adopted child. This idea can be found at Article 180 and 192 of The Ethiopian Family Code stated respectively. As per the Ethiopian law of adoption the adopter is required to fulfill various requirements. These requirements vary from Ethiopian Adopters and foreigner Adopters. One of such requirements is the age of the adopter and the adoptee. According to the Ethiopian Family Law the adopter must attain the age of 25 years to adopt a child.
Read more

source:  Fikadu Asfaw (fikadu@ethiopianlaw.com)

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