Blog Posts (396)

We have goals, purposes, focuses, reasons to write about Ethiopian laws and our Legal System. Do you have something to write?, then you are welcome! 

የዛሬው ጽሑፍ የሚያጠነጥነው በወንጀል ሕግ ዙሪያ ነው፡፡ የወንጀል ሕግና የኅብረተሰቡ የሞራል አስተሳሰብ የጠበቀ ቁርኝት አላቸው፡፡ በአብዛኛው በኅብረተሰቡ እንደ ኃጢያት ወይም ነውር የሚቆጠሩ ድርጊቶች በወንጀል ሕግም የሚያስጠይቁ ናቸው፡፡ አመንዝራነት፣ ስርቆት፣ ስድብ፣ ግብረሰዶም ወዘተ. ኃጢያት ወይም ነው ብቻ ሳይሆኑ ወንጀልም ተደርገው በወንጀል ሕጉ እንደሚያስቀጡ ተመልክቶ እናገኛለን፡፡ ይሁን እንጂ ኃጢያት ወይም ነውር የሆነ ድርጊት ሁሉ ግን ወንጀል ላይሆን ይችላል፡፡ ዝሙት አዳሪነት ለዓብነት ብንመለከት ድርጊቱ ኃጢያት ወይም ነውር መሆኑ ባያጠያይቅም፣ በወንጀል ሕጋችን በመርህ ደረጃ የወንጀል ኃላፊነት የማያስከትል ድርጊት ሆኖ እናገኘዋለን፡፡ የወንጀልና የኃጢአት ግንኙነት ስፋት እንደ ኅብረተሰቡ የሞራል አስተሳሰብ የሚለያይ …
ፍጹም ይፍራሸዋ ለሰጠኀኝ አስተያየት እና ለላክልኝ ጽሁፍ አመሰግናለሁ፡፡ በጽሁፋ ላይ ለማንሳት የወደድኩት የንግድ ምልክት በኢትዮጵያ ህጎች ደረጃ ቀለል ባለ ሁኔታ ግንዛቤ ለማስጨበጥ ያህል ነው፡፡ በሌላው ጸሃፊ የተጻፈውንና አንተም የላክልኝን በዚሁ ድረ-ገጽ ላይ ስለ ንግድ ምልክት የተጻፈውን ጽሁፍ ለማየት ሞክሬያለሁ፡፡ ጸሃፊው በንድግ ምልክቶች ላይ የጻፈው ጽሁፍ ጠቃሚና ስለንግድ ምልክቶች ለማወቅ የሚረዳ መሆኑን ለማስገንዘብም እወዳለሁ፡፡ ይህም በጽ/ቤቱ በስራ ባሳለፍኩባቸው ግዝያቶች አጠቃላይ ከሚታዩ ሁኔታዎች ይልቅ በአሰራርና ህጉን በተገቢው መንገድ በኢንተርናሽናል ደረጃና ከህጉ አላማ አንጻር መሬት ላይ ለማውረድ ችግር ወደፈጠሩት ሁኔታዎች ትኩረት ሰጥቸ እንድጽፍ አነሳስቶኛል፡፡ሆኖም ግን በጽሁፉ ላይ መስተካከል…
1 Introduction The attorney-client professional relationship is protected by law in every legal system. The protection conferred to professional privilege serves different purposes. From the human rights protection point of view, confidentiality of information obtained in the course of legal advice or legal proceedings promotes the right to a fair trial, the right to privacy and the right not to incriminate oneself. It protects citizens from arbitrary encroachment of their rights by investigatory authorities. Depending on the legal systems adopted by various countries, the scope…
1. Introduction Distinct from conventional crimes, “organized crime” involves the commission of series crimes by criminal groups. The offences range from the traditional piracy and slave trade to the present day cybercrime and nuclear smuggling. The Italian Mafia, the Chinese Triads, the Colombian drug cartels, the Japan Yakuza and the Nigerian Criminal Groupsare examples of organized criminal groups. Organized criminal groups are booming dramatically throughout the world. Just looking at the known Mafias, there was an increase from 785 in 1990 to 8 000 in…
Codification was predominantly regarded as a radical reform in form and substance and ‘reform’ is one of the core feature of continental European codification that Weiss has identified. The element of ‘reform’ is concerned whether or not codification changes the form and substance of existing laws. By examining the five historical codifications, Weiss demonstrates that codification is always a combination of change in form and change in substance. While some authors consider reform in substance as a decisive element of codification and others regard codification…
Courts; as one and perhaps as the most tasks of their purposes and responsibilities, engage in rendering a fair and equitable decision among parties in law suit. Decisions of a court can either be criminal or civil nature. If the case brought before the court involves criminal nature, the court will give decision by adhering to the rules and procedure provided under criminal law and criminal procedure respectively. Police or prison administration is an organ entrusted with enforcing court’s decision. However, if the case brought…
Codification has often been the means of realizing unification within a particular country and Weiss identified national legal unification as a core feature of continental European codification. Codification often served to attain legal and political unity with previously heterogeneous legal sources. This was particularly true in the nineteenth century, when codification became linked to the emergence of modem nation states. Weiss explained that the technical legal unification by means of codification often came hand in hand with political unification. Nevertheless, codification was not limited only…
A principal-agent relationship is like a tripartite contract where the agent enters into any legal transaction on behalf of the principal. Art 2199 of the Civil Code defines agency as “a contract whereby a person, the agent, agrees with another person, the principal, to represent him and perform on his behalf one or several legally binding acts.” Such an authority can be conferred by court or by agreement of the parties. If it is given by agreement of the parties, it can be either implied…
SIMPLICITY Simplicity is the last core feature of continental European codification that Weiss has identified. While the element of a gap-less code was addressed to the judiciary, and the systematic element spoke to legal scholars, the element of simplicity is referred to the citizen. Simplicity does not refer only to the technicality of drafting laws. It also raises an important political question – to whom is a codification addressed? The idea of simplicity has always been a goal of good law and it can be…
SYSTEM System is commonly regarded as the main characteristics of modern codification and Weiss has identified ‘system’ as a third core feature of continental European codification. The goal of capturing the substance of the law in the form of comprehensive and systematic code is one actively pursued in different countries. A code collects and regulates different fields of law into one organized system. Codification is not meant to be a compilation of texts where many different sources of law were intermingled. Rather it is a…
Dispute settlement modalities, other than judicial litigation, were known even before the era of codification. They were continuously practiced as a traditional form of settling grievances. It had different names, like shimgelina, giligil. Irrespective of the nomenclature, each of these institutions sought to reach at amicable solution between the disputants. The growing interdependence of intra and interstate trade in Ethiopia, the need to modernize the legal system demanded an institutionalized dispute settlement method. People were already aware that the judiciary is entrusted in resolving disputes,…
COMPLETENESS A historical and comparative study of continental European codification reveals that codification aims at being complete. Although ‘completeness’ has several implications in different literature Weiss has identified three sub-elements of completeness in the sense of an (a) exclusive, gap-less and comprehensive as the second core feature of continental European codification. In this article each of these elements will be briefly discussed followed by the analysis of the Ethiopian civil code. 1. EXCLUSIVENESS Weiss has identified ‘exclusiveness’ as a sub-element of completeness in the sense…
The Wednesday’s news report, on Reporter News Paper Amharic version, about insurance companies restricting the commission paid to insurance agents is a dreadful, despicable thing. It shows what happens once a government fails to effectively and successfully to restrain firms. I deliberately make this short essay provocative. I want the concerned parties to sit down and devise a long term plan to regulate unfair competition. Silence from all governmental bodies has a dire consequence in the future; everybody must be wary of its outcome: paralyzing…