Lecture Notes on Law & Legal Systems

Graduate Program:
Construction Technology & Management
Construction Contract & Law Course

Lecture Notes on

Law, Legal Systems & the Ethiopian Context

Organized & delivered by

Zewdu Tefera Worke

Engineering Contract Lawyer

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 Lecture Notes on Law & Legal Systems

Construction Contract & Law Course

Lecture Notes on
Introduction to Law, Legal Systems & the Ethiopian Context
Delivered by:
Zewdu Tefera Worke
….…………………………………………………………………………………………………
I. Introduction to Law
 Definition of Law
 Law, according to Black’s Law dictionary, means the regime that orders human
activities & relations through systematic application of the force of politically
organized society, or through social pressure backed by force, in such a society.
(Emphasis added.)
 Also law is defined as “ a set of general statements aimed at regulating choices in
possible human behavior that is defined or recognized, publicized and sanctioned or
rewarded by the State. “
 Law is, therefore, a Social Rule enacted or promulgated by the State to regulate the
behavior of the Society ;
 Law is a social Rule but all rules are not Laws;
 The sphere of regulation of Law extend to the relationship between the State and
its subjects/citizens, and between the Subjects;
 The Law generally performs its regulatory function by demanding its subjects to do
something ( permissive) or by ordering not to do something ( prohibitive );
 Legal sanctions are coming in to picture where deviations from the Law in terms of
the permissive or prohibitive provisions are committed by the subject or person
against whom the Law is prescribed;
 Nature of the Law
 Law is Obligatory
 An obligation implied the existence of a superior will which commands and
of an inferior will which obeys;
 Law is Established by Public Authority

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 It is in this consideration Law at its source that one is able to distinguish

true law ( enacted by legally constituted legislative body) from certain rules
established by private authority ( ex. Companies );
 Law is Sanctioned by Public Force
 It is in this way that Law is distinguished from moral rules which also
dominate human society. Sanctions may be Preventive or repressive (in
criminal cases) or compensatory (in civil cases);
 Law is Established in Permanence for an indeterminate number of Acts or
Situations:
 This is so because Law constitutes a decision which is Permanently
Obligatory, i.e. binding for an indeterminate number of times;
 Functions of the Law
 Law is a System of Social Control
 It controls the relationship between the State and its Subjects (b y means of
Public Law) and the relationship between the Subjects themselves (by means
of Private Law);
 Law is a Method of Dispute Settlement
 This is done through the Court System.
 The Law serves as a means of Social Engineering
 The Law here serves as a change catalyst i.e. as a means of introducing and
sustaining social transformation.
 Sources of Law
 The Source of Law in Ethiopia is either Custom or Legislation;
 Custom
 Custom is the habitual repetition of certain conduct. Where the conduct is
deemed obligatory, its observance may ripen into a Customary Law.
 Custom may originate with the People (called Popular or Customary Law),
with Judges (called Judicial Custom), or with Contract Matters (called
Contractual Custom).
 Ordinary Customary Laws:
 Ordinary Customary Laws are originated by the People, little by
little, through following harmonious usages with the belief that
they are binding.

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 Judicial Custom:
 where the judges that repeat a certain conduct in their professional
function. This is not yet fully developed but there is an attempt
towards that (NB: Please, refer to Proc. No. 454/2005) because of
lack of clear judicial opinion and case reporting system. The decision
of the higher court may, as a rule, not binding on the lower courts, as
the Common Law Legal System does.
 Contractual Custom:
 Contractual Custom is not by itself obligatory, but helps to interpret
Contracts. It applies only to Contracts, and only where not
inconsistent with them (NB: Please, see also Article 1713 of the Civil
Code of Ethiopia)
 Legislation
 Legislation means the enactment of Rules.
 Depending on the Law maker’s rank, the Rule enacted by the legislator
may be:
 Constitutional;
 Statutory; or
 Subordinate (Non-Statutory);
 Legislation is the main source of Law in Ethiopia.
 Comparison
 The formation of Custom is gradual, whereas the enactment of Law or
legislation is sudden.
 An enacted Law has a clear cut starting point;
 Classification of Laws
 Laws are generally classified in to Public Law and Private Law;
 Public Law
 Public Law governs the relations involving the State in what concerns the general
public interest.
 Private Law
 Private Law governs:
 Relations “of equalities” between persons “private” i.e. not representing the
State or its agencies (the “public” persons);

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 Certain ordinary relations with the “public/state” organs themselves (ex.

like in case of Administrative or public construction Contracts ); see Article
3131ff of the Civil Code; this is an exception;
 Sub-division of Public Law
 International Public Law;
 scope: governs primarily relationship:
 between sovereign states;
 between sovereign states & public international organizations;
 between public international organizations;
 National Public Law
 scope: governs relationship:
 between the state & its citizens;
 between the federal government & its organs;
 between the federal government & the regions; and
 between the federal government & the two city administrations;
 illustration: the following are illustrative of public laws:
 Constitutional Law;
 Administrative Law;
 Law of Finance;
 Law of Taxation;
 Budget Law;
 Law of Procurement;
 Environmental Law;
 Criminal Law;
 Criminal Procedure Law;
 Other public Laws;
 Sub-divisions of Private Law
 International Private Law;
 It deals with such private contractual and/or legal relationship which involve
an extra national (foreigners’ marriage or succession, assets abroad…) and
which requires a choice between a given foreign law and national law;
 also called conflict of laws;
 Ethiopia has no yet international private law;
 National Private Law

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 Civil Code
 Law of Persons; (See Article 1 –Article 549 )
 Family Law; (See Article 550 –Article 825) NB: It has been repealed &
replaced by an independent Family Law, as per Proclamation No.
213/1992;
 Law of Succession; (See Article 826–Article 1125 );
 Law of Property(Goods); (See Article 1126–Article1674);
 Law of Obligations;
 Law of General Contracts; See Article 1675–2026;
 the law of Extra-Contractual Liability; see Article 2027-2162;
 the law of Unlawful Enrichment; see Article 2162-2178;
 Law of Agency; see Article2179–2265 ;
 Special Contracts: see Article 2266-3346;
 Special Contracts
 Contracts Relating to Assignment of Rights; (See Article 2266–
Article 2511) NB: This part covers Contract of Sale, Contracts
allied to Sale, Donation, Loan of Money & other Fungibles,
Contract for Periodical Payments;
 Contract for the Performance of Services; (like)
 Contract of employment in general; (See Article 2512–
Article 2609)
 Contract of work & labour; see Article 2610-Article 2631;
(ex. applicable for construction contract other than building
contract);
 Hiring of intellectual work; see Article 2632-Article 2638;
(ex. applicable for architectural, engineering & professional
services);
 Contracts for the Custody, Use or Possession of Chattel; (See Article
2698 –Article 3018)
 Contracts relating to Immovable; (like)
 Contract of work & labour relating to immovable; see
Article 3019-Article 3040; (Building);
 Administrative Contract; (See Article 3131 –Article 3306);

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 Compromise & Arbitral Submission; (See Article 3307–Article

3346);
 Commercial Code
 Law of Traders and Businesses; (See Article 1–Article 209 );
 Law of Business Organizations; (See Article 210 –Article 560);
 Law of Carriage & Insurance; (See Article 561–Article 730 );
 Laws of Negotiable Instruments & Banking Transactions; (See Article
731 –Article 969);
 Law of Bankruptcy & Scheme of Arrangement; (See Article 970 –
Article 1182);
 Maritime Code;
 Types of Laws
 Types of Laws may be classified in to Substantive and Adjective Laws or as
follows;
 Substantive Laws ;
 Procedural Laws; and
 Evidentiary Law;
 Substantive Laws
 Determine the very rights, obligations and privileges of persons.
 This is done, for example, under the Civil Code, the Commercial
Code, the Criminal Code & other substantive legislations.
 Procedural Laws
 Determine where and how to enforce the rights or obligations and/or
privileges of persons.
 They are process oriented (ex. Civil Procedure Code, Criminal
Procedure Code);
 Law of Evidence
 Determines how and by what means the existence or non-existence of
a disputed fact is going to be proved.
 Which means of proof for which type of a disputed fact is relevant
and admissible by the Court?
 The existence or non-existence of a disputed fact may be proved by
persons (eye witnesses), by documents (documentary evidence), by

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experts (expert opinion) or by legal presumption or other modes of

proof;
 In Ethiopia, there is no an independent Law of Evidence. However,
certain evidentiary rules are found, though scattered, both in Civil
and Criminal Laws;
 Making of Laws
 In Ethiopia, the making of Laws is provided under the Federal Constitution and
other relevant statutory Laws.
 Making of Laws broadly encompasses the following aspects & phases;
 the preparation of the draft Law or Bill;
 the process of parliamentary deliberation/discussion on the draft law;
 the passing of the draft law;
 the process of putting an authorized signature on the draft law; and
 The Publication of the Bill as Law on the (Federal) Negarit Gazeta;
 The preparation of the draft Law/Bill may be made by the legislative body
itself, or by the relevant/concerned executive branch of the government, or,
if they are requested or ordered, by the Ministry of Justice or by Justice and
Legal Systems Research Institute or by a Consultant.;
 The legislative process and enactment of the Law is undertaken by the legislative
body itself.
 Two Law making bodies should be distinguished.
 For statutory Laws or Proclamations;
 The(Federal) House of Peoples Representative;
 The Regional (States)Councils;
 The Addis Ababa City Council;
 The Dire Dawa City Council;
 For Non-statutory or subsidiary Laws or Regulations:
 The Council of Ministers;
 The States Cabinets;
 The Addis Ababa City Cabinet;
 The Dire Dawa City Cabinet;
 The legislative process or procedure before the House of Peoples Representative is
governed by Proc. No. 14/1995 & Amendment Proc. No. 33/1996;

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 The enacted Statutory Law (for ex. At the Federal level) shall be signed by the
President of the FDRE.
 The publication of the federal laws is done through the Federal Negarit Gazeta;
 The Federal Negarit Gazeta itself has been established by Proc. No.3/1995. This
Proclamation expressly repealed Proc. No. 2/1942;
 Each Regional State & City Government/Administration has its own “Negarit
Gazeta”. For example, the “Negarit Gazeta” of:
 the Amhara Regional National State is called “Zikre Hig”;
 the Benishangul & Gumuz Regional National State is called ”Lissane Hig
Gazeta”;
 The City Government of Addis Ababa is called “Addis Negari Gazeta”.
 The very purpose of the “Negarit Gazeta” is the declaration of the Law and the
coming in to force of the Law.
 The legal effect of the publication of the Law on the Negarit Gazeta is creating a
judicial notice and obligation on all for which the said law intended to be applicable
i.e.:
 on all natural persons;
 on all public institutions (bodies); the legislative; the executive; and the
judiciary;
 on other public institutions; At the Federal, or Regional, and/or Municipal
level; and
 on all legally incorporated private legal persons;
 The following Latin maxim is always important “ignorantia legis non exusat”. It
means ignorance of (the existence or publication) the Law is not an excuse; see also
Article 2035 (2) of the Civil Code;
 The Administrative Directives or Guidelines do not enjoy the status of Law. They
are below the Regulations. They should respect or be in congruence, however, with
the legal framework above them, as established by relevant Regulations,
Proclamation, and the Constitution;
 Repealing of Laws
 There are two forms of repeal or abrogation of Laws: Express & Tacit.
 Express Abrogation

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 Express abrogation is that expressed in words to that effect. Express

abrogation usually specifies which former laws it repeals.
 Tacit Abrogation
 Tacit abrogation is a repeal which is not expressed in words but is implied
(inferred) from the incompatibility between the provisions of the new Law
and those of the previous ones.
 The effect of abrogation is the loss of the legal force and effect of the
abrogated Law. It is no more valid and applicable.
 Interpretation of Laws
 There are two fundamental questions in relation to the interpretations of Laws:
Who is to interpret & How should one interpret Laws?
 On the basis of Who is to interpret Laws, there are three types of interpretation:
 Doctrinal interpretation;
 Judicial interpretation; and
 Legislative interpretation;
 Doctrinal Interpretation
 Doctrinal interpretation of laws is made by legal scholars in books, in
reviews and in the class room;
 It has important but persuasive effect;
 Judicial Interpretation
 Judicial interpretation is that which emanates from Court when in order to
decide a case, it applies a law whose meaning is discussed before it;
 It has a binding effect.
 Legislative Interpretation
 Legislative interpretation is that made by the Law Maker (legislator) itself.
It may be done through the enactment of clarifying provision to that effect;
 This may not be usual. If is so done, it has a complete legal authority.
 On the basis of how should one interpret Laws, there are certain rules and
principles of interpretation.
 The principles of interpretation of Laws are borrowed from the principles of
interpretation of Contracts. See Article 1732-Article 1739 of the Civil Code;
 The principles of interpretation are the following.
 Where is the Law Clear;

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 Where is the Law Ambiguous;

 Where is the Law Silent;
 Where is the Law Contradictory;
 Where is the Law Unreasonable;
 Clear
 Where the law is clear, there is no room for applying any principle of
interpretation;
 see also Article 1733 of the Civil Code in case of contract interpretation;
 Ambiguous
 Where the Law is ambiguous, there are two ways to interpret that law to
reach at its meaning:
 Word Meaning: The meaning of the word should be judged by the company
it keeps. (NB: Please, see also Article 1736 of the Civil Code of Ethiopia)
This is called interpretation through the context.
 Legislative Intent: Where a provision of a Law is neither clear in itself nor
fully explained by the context, the judge … should try by other means to
discover what the legislator had in mind. (NB: Please, see also Article 1734
of the Civil Code of Ethiopia) The legislative intent may be found in the
Source Document in the preparation of the said Law.
 Silence
 A Law may pronounce the points it covers, omitting other matters. The Law
is then silent as to the omitted ones.
 There are two types of enumerations: illustrative & exhaustive;
 Illustrative: see also Article 1793.-Cases of force majeure-of the Civil Code;
and
 Exhaustive: see Article 1806 & 1807 (in relation to extinction of obligations)
of the Civil Code & Article 5 (list of traders) of the Commercial Code);
 In case of illustrative enumeration analogy is allowed. This is the case in civil
matters, where the Law clearly indicates.
 In case of exhaustive/ restrictive enumeration extension of the scope of
application of the Law by analogy is not allowed.
 For example, in case of Criminal Law analogy is clearly and strictly
forbidden (NB: Please, see Article 2 of the Criminal Code of Ethiopia).
 The same is also true in civil matters as well not to extend the scope of the
Law beyond its horizon.

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 Contradictory
 Where the Law is contradictory, the following rules of interpretation apply.
 Posterior Law prevails over prior Law;
 Special Law prevails over general Law;
 A lower Law may not contradict one of higher rank;
 The said rules of interpretation are based on:
 Time dimension;
 level of detail ness; and
 hierarchy of the Law; respectively.
 Unreasonable
 Where a law appears to be grossly unreasonable in that it violently hurts tradition,
justice or progress, the judge should search to see whether the rules of
interpretation do not leave same gap (leeway) for applying the Law in a more
reasonable sense;
 Hierarchy of Laws
 By hierarchy of Laws we mean the vertical relationship of Laws.
 On the basis of the doctrine of hierarchy of Laws there are the following Laws:
Constitutional Law; Statutory Laws; and Non-statutory Laws;
 Constitutional Law
 By Constitutional Law we mean the Constitution of a given country itself, for
example, the Constitution of the Federal Democratic Republic of Ethiopia (FDRE);
 The role of the Constitution(of the FDRE), for example, may summarily mentioned
as follows:
 It is the supreme Law of the Land (Country);
 It is the source of all Laws;
 It allocates or distributes powers between the Federal Government & the
Nine Regional States;
 It separates powers among the legislative, the executive and the judiciary;
 It declares fundamental rights of citizens and principles of Laws;
 It declares national policy principles and objectives;
 Statutory Laws
 Statutory laws are derivative from the Constitution;
 They determine mostly rights, obligations and/or privileges;

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 Illustrative of statutory Laws: Proclamations; Decree; Order;

 All fundamental Laws of Ethiopia (the Civil Code, the Criminal Code, the
Commercial Code...) & other proclamations enjoy the status of Statutory Law.
 Non-Statutory Laws
 Non-Statutory Laws are derivative from the relevant Statutory Law above them.
 Non-Statutory Laws may not determine or create new rights and obligations, which
are beyond the scope of the parent legislation (Statutory Law).
 However, non-statutory laws provide the detail and technical framework for the
proper application and enforcement of the relevant Statutory Law above them.
 Non-Statutory Laws sometimes alternatively called also executive Laws, because
they are enacted by the Executive branch of the Government.
 Illustrative of non-statutory laws: Regulations, Legal Notice.
 Scope of Application of Law
 The law has its own scope of application;
 The scope of application of a law is determined in terms of;
 Territory: the law, for example, being at federal level; at regional level;
and/or at local or municipal (city like Addis Ababa; Dire Dawa) level;
 Subject matter: for example, a law related to Construction; Procurement;
Finance; Tax; Environment; and so forth
 Persons: the law applicable to Natural Persons and/or Legal Persons;
 Time: Effective date of a law; other time scales prescribed in the Law, if
any; for ex. transition;
 The issue of Person in Law
 Legally, there are two types of Persons.
 Natural or Physical Persons; and
 Legal or Juridical Persons;
 Natural Persons are human beings.
 Juridical Persons are legal Persons created by Law.
 Persons are endowed with rights, obligations and privileges.
 Persons are capable, unless legally or judicially or otherwise restricted, to do
juridical acts, which have a legal effect on them or to them.
 The legal capacity of natural persons is wider than legal persons.
 Legal persons are of threefold:

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 public institutions;
 corporate entities; and
 voluntary organizations;
II. Introduction to Legal Systems
 The two major legal systems of the world are:-
 The Civil Law Legal System; and
 The Common Law Legal System;
 The Civil Law Legal System
 The Civil Law legal system is defined as a body of private law developed from
Roman law as set forth in the Justinian code. It is based on the judicial application
of a certain legal code to a particular case by learned jurists and theorists, in
conformity with logical and systematic deduction.
 The Civil Law Legal System is also called a Continental Legal System. Because,
originally, the creators and most of the followers of the System are the countries of
the continental Europe.
 The System is also called a Romano-Germanic Group Legal System because of the
earlier & ancient influence of the Civil Law by the Romans and the latter influence
of the German Law on the System.
 The Civil Law Legal System has begun its formation in 6th century A.D. Some say
that it has begun starting from 5th century B.C. it took almost thousand years to
form itself as independent legal system.
 In the Civil Law Legal System:
 sources of law: The Law is enacted, amended & repealed by the Law Maker
or the Legislator or by the Parliament;
 classification of laws: There is a classification of Laws in to Public Law &
Private Law;
 codification of laws: There is a codification of Laws;
 jury system: there is no jury in the civil law legal system countries;
 The sources of Law under this system, according to their importance or priority
are:
 Legislation or Statute;
 Custom;
 International Conventions and Treaties;

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 Legal authoritative writing;

 Creative role of the judge ( in interpreting and applying Laws);
 Judicial decisions;
 According to the Civil Law Legal System, Laws that are relevant to the
Construction are:-
 Under Public Law: Finance Law; Procurement Law; Law of Taxation;
Construction related Laws; Environmental Law; Other relevant Public
Laws;
 Under Private Law: Civil Law (like Contract & Extra-Contractual Liability
Law); Commercial Law; Relevant Regulations; and Other Relevant Laws;
 The followers of the Civil Law Legal System countries are:
 Western European countries;
 Eastern European countries;
 the Russian Federation;
 the Latin American countries;
 most of the African countries except the members of the Commonwealth,
 State of Louisiana in the USA;
 the Province of Quebec in Canada;
 most of the Asian Countries;
 The Common Law Legal System
 The Common Law legal system is defined as the body of legal principles and rules of
action that derive their authority solely from a society’s usages and customs or from
the judgments and decrees of the courts.
 The main distinguishing features of the Common Law Legal System are:-
 The main Law maker is the court judge and not the legislator;
 There is no classification of Laws in to Public and Private Law;
 There is no codification of Laws;
 The Common Law Legal System is also sometimes referred to as judge-made Law,
Case Law or Precedent Law (stari decisis). It means that the decision of the Court
shall apply to future similar cases.
 The previous decision of the Court is binding on the Court which renders the
decision and on other lower Courts. The relevant previous Court decision is cited as
a Law for future similar cases.

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 Sources of Law under the Common Law Legal System, according to their
importance and priority, are:-
 Judicial decisions;
 Equity;
 Legislation or Statute Law;
 Regulations & delegated or subordinate legislations;
 International Treaties;
 Custom;
 Laws that are relevant for Construction are:-
 Common Law( Contract & Tort);
 Equity;
 Legislations (Statutes & Regulations);
 The countries which follow the System are Great Britain (except Scotland to some
extent), USA (except Louisiana State), Canada (except the Province of Quebec), the
Commonwealth countries including Australia, and other countries.
 Significance
 Understanding the difference between the two major legal systems has fundamental
significance with respect to the issue of the Applicable Law to the Contract and the
divergent legal concepts and effects in relation to International Construction
Contract( as the FIDIC Standard Conditions of Contract is based on the concepts
of the Common Law Legal System, for ex.)
 The concepts of Liquidated damages, Frustration of Contract, for example, have
their origin in the Common Law Legal System;
III. The Ethiopian Legal System & Framework
 Background
 Ethiopia follows the Civil Law Legal System;
 The main source of Law is Legislation enacted by the Legislative Body and not the
Judge or Judicial Decision.
 There is a clear classification of Laws in to Public Law & Private Law;
 There is a Codification of Laws as it is evident from the Civil Code, the Commercial
Code, the Criminal Code, the Maritime Code, the Civil Procedure Code & the
Criminal Procedure Code.
 There is also no jury system in Ethiopia;

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 Legal Framework
 The following depicts the legal framework of Ethiopia.
 The constitutional framework;
 The statutory legal framework;
 The non-statutory legal framework;
 Other supportive (administrative or technical) instruments to the legal
framework (both to the statutory & non-statutory framework) by way of:
Directives; Guidelines; By-laws; Codes; Technical Standards, if any; Other
instruments, if any;
 The referenced constitutional & legal framework have also hierarchical or vertical
dimension.
 The constitutional framework may come in to picture by the following public
bodies;
 by the federal government;
 by the states or regional governments;
 The statutory & the non-statutory legal framework may come in to picture by the
following public bodies;
 by the federal government;
 by the states or regional governments;
 by the (two) city administrations;
 By statutory legal framework, it means the body of Proclamations or equivalent
legislative instruments.
 By non-statutory legal framework, it means any subsidiary or derivative legislative
instrument below the statutory framework i.e. in our case the body of Regulations.
 The administrative framework may come in to picture by the executive branch of the
following public bodies:
 by the federal government;
 by the states or regional governments;
 by the (two) city administrations;
 by the zonal administrations;
 by woreda administrations;
 by towns administrations; and/or
 by any other subsidiary sub-divisions of a given public authority;

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 Supportive administrative or technical instruments are assumed to be issued by

legally competent public bodies based on certain statutory and/or non-statutory
legal framework.
 For example, the Federal Public Procurement Directives have been issued by the
Ministry of Finance & Economic Development as per the legal power vested in it by
Proc. No. 648/2009 (federal financial administration law) and also to be issued as
per Proc. No. 649/2009 (federal procurement law);
 see also the separate table attached herewith which depicts the Ethiopian legal
framework;

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 Lecture Notes on Law & Legal Systems

Construction Contract & Law Course

Exercise Questions in relation to
Introduction to
Law, Legal Systems & the Ethiopian Context
……………………………………………………………………………………………………

1. What do you understand from the definition of Law?

2. Please, describe the major functions of Law?
3. What are the possible sources of Ethiopian Law?
4. What do you understand by classification of Laws? Please, describe the major categories of
Laws.
5. What are the types of Laws? What is their fundamental difference?
6. Please, describe key issues in the making of Laws in Ethiopia. Who makes/enacts Laws?
How the general public is informed about the coming in to existence of a new Law?
Observance of Law is optional. Is that true? Why not?
7. What are the methods of repealing Laws and their effects?
8. What do you understand by interpretation of Laws? What are the fundamental principles
of interpretation to be applied where the Laws are contradictory?
9. What is hierarchy of Laws?
10. Do Administrative Directives or Guidelines issued by the competent administrative body
enjoy the status of Law or part of a legal framework? Why or Why not?
11. What do you understand by the concept of the scope of application of Law? What are the
basic parameters always to be considered?
12. What do you understand by person, legally? Is there any difference between the natural
person and the legal person? If yes, how? The legal person may have more capacity and
rights than the natural person. Is this statement true? Why or Why not?
13. Please, distinguish between the civil remedies, penal sanctions and administrative
measures? Which one is harsher? In what respect and why?
14. What do you understand by Legal System?
15. What are the major Legal Systems of the world? In what respect they do differ each other?
16. Which legal system of the world is followed by Ethiopia?
17. Please, describe & discuss your understanding about the Ethiopian legal framework.

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 Lecture Notes on Law & Legal Systems

Construction Contract & Law Course

Reference Materials for
Introduction to
Law & Legal Systems & the Ethiopian Context
……………………………………………………………………………………………………

1) The Constitution FDRE ( Proc. No. 1/1995);

2) Nine Regional/ States Constitutions;
Proclamations
3) The Civil Code of Ethiopia Proc. No. 165/1960
4) The Commercial Code of Ethiopia Proc. No. 166/1960
5) The Criminal Code of the FDRE Proc. No. 414/2004
6) The Maritime Code of Ethiopia Proc. No. 164/1960
7) The Revised Family Code Proc. No. 213/2000;
8) The Criminal Procedure Code of Ethiopia Proc. No. 185/1961
9) The Civil Procedure Code of Ethiopia Decree. No. 52/1965
10) Federal Negarit Gazeta Establishment Proc. No. 3/1995;
11) House of Peoples Representatives Legislative Procedure Proc. No. 14/1995;
12) House of Peoples Representative Legislative Procedure (Amendment) Proc. No. 33/1996
13) Addis Ababa City Government Revised Charter Proc. No. 361/2003
14) The Dire Dawa City Administration Charter Proc. No. 416/2004
15) Definition of Powers & Duties of the Executive Organs of the FDRE Proc. No. 916/2015
Regulations
16) Justice & Legal System Research Institute Establishment Council of Ministers Regulations
No. 22/1997;
Books
17) Girma Gizaw, (Dr.) The World History of Law & Legal Institutions: Ancient, Modern &
Contemporary, Second Edition, 2007
18) Frank A. Schubert, Introduction to Law & the Legal System, Seventh Edition, 2000
19) Perspectives on the Ethiopian Legal System, by Woldetensay Woldemelak, 2005, Addis
Ababa, Ethiopia
Other materials
20) A Primer on the Civil Law System, by James G.Apple & Robert P. Deyling, 1994-1995,
U.S.A.

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 Lecture Notes on Law & Legal Systems

21) The Federal Public Procurement Directives, issued by the Ministry of Finance & Economic
Development;
22) Handout, Introduction to Law
23) Handout, The Major Legal Systems

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