EFFECTS OF VIOLATIONS OF ESSENTIAL CONDITIONS OF MARRIAGE
Article 31. – Age 1) Without prejudice to Sub-Article (2) of Article 7 of this Code, marriage concluded by a man or a woman under the age of eighteen years shall dissolve on the application of any interested person or the public prosecutor. 2) It may no longer be applied for after the age required by law of marriage is satisfied. Article 32. – Consanguinity of Affinity. The dissolution of marriage concluded in violation of impediments arising out of consanguinity or affinity shall be ordered on the application of any interested person or the public prosecutor. Article 33. – Bigamy 1) The dissolution of a bigamous marriage shall be ordered on the application if either of the spouses of bigamous marriage or the public prosecutor. 2) The dissolution mentioned on Sub-Article (1) of this Article may no longer be applied for where the former spouse of the bigamous marriage has died. Article 34 . – Dissolution of Marriage of a Judicially Interdicted person. 1) Where a judicially interdicted person has contracted marriage without prior authorization of the court, the dissolution of such marriage may be requested from the court by the judicially interdicted person himself or by his guardian. 2) The judicially interdicted person may no longer make an application for dissolution six months after the date of termination of his disability. 3) An application for dissolution by the guardian may no longer be made six months after the day on which the guardian came to know the existence of the marriage or in any case, after the disability of the interdicted person has ceased. Article 35. – Act of Violence 1) Whosoever has concluded marriage under the influence of violence may apply to the court to order the dissolution thereof. 2) Such an application may not be made six months after the cessation of such violence and, in any case, two years after the conclusion of the marriage. Article 36. – Error 1) Whosoever has concluded marriage due to fundamental error, may apply to the court to order the dissolution thereof. 2) Such an application may not be made six months after the discovery of such error, and , in any case, two years after the conclusion of the marriage. Article 37. – Period of Widowhood. The dissolution of marriage may not be ordered for the sole reason that the period of widowhood specified under Sub-Article (1) of Article 16 has not been observed. Article 38. – Incompetence of Officer of Civil Status. The dissolution of marriage may not be ordered solely on the ground of incompetence of the officer of civil status who celebrated the marriage. Article 39. – Non-Observance of Formalities. The dissolution of marriage may not be ordered on the sole ground that the formalities of celebration specified under Sub Articles (3) and (6) of Article 25 have not been observed.
Introduction to Law and Legal Systems
After reading this chapter, you should be able to do the following:
Distinguish different philosophies of law—schools of legal thought—and explain their relevance.
Identify the various aims that a functioning legal system can serve.
Explain how politics and law are related.
Identify the sources of law and which laws have priority over other laws.
Understand some basic differences between the US legal system and other legal systems.
Law has different meanings as well as different functions. Philosophers have considered issues of justice and law for centuries, and several different approaches, or schools of legal thought, have emerged. In this chapter, we will look at those different meanings and approaches and will consider how social and political dynamics interact with the ideas that animate the various schools of legal thought. We will also look at typical sources of “positive law” in the United States and how some of those sources have priority over others, and we will set out some basic differences between the US legal system and other legal systems.
The Revised Family Code Proclamation No-213-2000 The Revised Family Code
Proclamation-of-2000- Preamble WHEREAS, the family, being the natural basis of society, shall be protected by the society and the state, and that one of the means of protection is effected by regulating and governing family relation by law; WHEREAS, it has become essential to make the existing Ethiopian family law in accordance with the socio-economic development of the society and, above all, with the Constitution of the country, and, in particular, realizing that marriage shall be based on the free consent of the spouses, and that it is necessary to provide the legal basis which guarantees the equality of the spouses during the conclusion, duration and dissolution of marriage; WHEREAS, it has become necessary to amend the existing law in such a way that it gives priority to the well-being, upbringing and protection of children in accordance with the Constitution and International Instruments which Ethiopia has ratified; WHEREAS, it is found necessary to settle disputes arising in family by a competent organ in a just and efficient manner; WHEREAS, in order to realize these objectives, it has become essential that a family law be enacted by the House of Peoples’ Representative to be applicable in administration that are directly accountable to the Federal Government; NOW, THERFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows: 1. Short Title This proclamation may be cited as the “Revised Family Code Proclamation No. 213/2000.”
Article 6. – Consent. A valid marriage shall take place only when the spouses have given their free and full consent. Article 7. – Age 1) Neither a man nor a woman who has not attained the full age of eighteen years shall conclude marriage. 2) Notwithstanding the provisions of Sub-Article (1) of this Article, the Minister of Justice may, on the application of the future spouses, or the parents or guardian of one of them, for serious cause, grant dispensation of not more than two years. Article 8. – Consanguinity. 1) Marriage between persons related by consanguinity in the direct line, between ascendants and descendants, is prohibited. 2) In the collateral line, a man cannot conclude marriage with his sister or aunt; similarly, a woman cannot conclude marriage with her brother or uncle. Article 9. – Affinity 1) Marriage between persons related by affinity in the direct line is prohibited. 2) In the collateral line, marriage between a man and the sister of his wife, and a woman and the brother of her husband is prohibited. Article 10. – Filiations not Established Legally. The existence of a bond of natural filiation which is commonly known to the community is sufficient to render applicable the impediments to marriage referred to in Articles 8 and 9, notwithstanding that the filiation is not legally established. Article 11. – Bigamy. A person shall not conclude marriage as long as he is bound by bonds of a preceding marriage. Article 12. – Representation not Allowed. 1) Each of the future spouses shall personally be present and consent to the marriage at the time and place of its celebration. 2) Notwithstanding the provisions of Sub-Art. (1) of this Article, marriage by representation may be allowed by the Ministry of Justice where it has ascertained that there is a serious cause and the person who intended to do so has fully consented thereto. Article 13. – Fundamental Error. 1) Marriage concluded as a result of error in consent shall not be valid. 2) Consent is deemed to be vitiated as a result of error where such error is a fundamental error. 3) Without prejudice to the provisions of Sub-Article (2) of this Article, the following shall be considered to be fundamental errors: (a) Error on the identity of the spouse, where it is not the person with whom a person intended to conclude marriage; (b) Error on the state of health of the spouse who is affected by a disease that does not heal or that can be genetically transmitted to descendants; (c) Error on the bodily conformation of the spouse who does not have the requisite sexual organs for the consummation of the marriage; (d) Error on the behavior of the spouse who has the habit of performing sexual acts with person of the same sex. Article 14. – Consent Extorted by Violence. 1) Marriage concluded as a result of consent which is extorted by violence shall be valid. 2) Consent is deemed to be extorted by violence where it is given by a spouse to protect himself or one of his ascendants or descendants, or any other close relative from a serious and imminent danger or threat of danger. Article 15. – Judicially Interdicted Persons. 1) Any person who is judicially interdicted shall not be conclude marriage unless authorized, for that purpose, by the court. 2) An application to this effect may be made by the interdicted person himself or by his guardian. Article 16. – Period of widowhood. 1) A woman may not remarry unless one hundred and eight days have elapsed since the dissolution of the previous marriage. 2) The provision of Sub-Article (1) of this Article shall not apply where: (a) The woman gives birth to a child after the dissolution of her marriage; (b) The woman remarries her former husband; (c) It is proved by medical evidence that the woman is not pregnant; (d) The court dispenses the woman from observing the period of widowhood
Section 1. General Article 1. – Various Forms of Marriage. 1) Marriage may be concluded before an officer of civil status. 2) Notwithstanding the provision of Sub-Article (1) of this Article, marriage may be concluded in accordance with the religion or custom of the future spouses. Article 2. – Marriage Concluded before an Officer of Civil Status. Marriage shall be deemed to be concluded before an officer of civil status when a man and a woman have appeared before an officer of civil status for the purpose of concluding marriage and the officer of civil status has accepted their respective consent. Article 3. – Religious Marriage. Religious marriage shall take place when a man and a woman have performed such acts or rites as deemed to constitute a valid marriage by their religion or the religion of one of them. Article 4. – Marriage According to Custom. Marriage according to custom shall take place when a man and a woman have performed such rites as deemed to constitute a valid marriage by the custom of the community in which they live or by the custom of the community to which they belong or to which one of them belongs. Article 5. – Marriage Celebrated Abroad. Marriage celebrated abroad in accordance with the law of the place of celebration shall be valid in Ethiopia so long as does not contravene public moral.
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