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Construction Technology Management

AAU,CENG,MSC COTM

May 8, 2012 Tuesday 6:10 PM Making of Law /Legislative Process/

Preparation Deliberation Passing /adoption/ Singing /by President of the country within 15 days after adoption/ Publication

Preparation of draft bill Ministry of justice Parliaments Ethiopian Justice System

Publication should be only via Federal Negarit Gazeta. The law should be lubricated to Judicial Notice. Once the law pass, singing and duplicated as per Article 2055(2) of Civil Code It has to be signed within 15 days after pass or adopt. Any given legislation have scope Territory Federation Regional City Administration Subject matter Functional Tax Driversconcerned with single group Person Natural Person Legal Person Contract and Business law Class notes

Construction Technology Management

AAU,CENG,MSC COTM

Natural Person are may be traders /regard family law../ Legal Person /Business Person/ Public Institutions Corporate entities Other NGO established by registration

Public institutions are legal person established by proclamation i.e ERA. MoUD Public institutions may also established by registration.

The right of natural Person is unlimited. Legal persons have limited rights that help them to act with their objective.

Time :- the Effective date where the law going to be applicable Back dating may be applicable in Criminal law where the date and the situation find beneficial to the person/lesser penalty/.

Contract and Business law

Class notes

Construction Technology Management

AAU,CENG,MSC COTM

Legal System
Common legal systems Continental legal systems/Civil Law/ Common legal system Source of Law Practicing Countries Parliament Ethiopia, Shout Africa, Russia, Chain, Japan Continental legal systems Court/Judge/ UK, USA, Australia, Newzerland (Common wealth Country) Codifications No Codification Civil Code Criminal Code Motive Code Classifications There is no Of course

FSC Cassation Division ( )has a right to make law in Federal Supreme court and prepares a report to use like a law.

Legal Frame Work Of Ethiopia


Federation level 1. Federal constitution 2. Federal proclamation 3. Federal regulation For Regions 1. Regional Constitution 2. Regional Proclamation 3. Federal Regulation

The upper use /act/ as source for the lower Vertically it should be consistence and aligned Making of Federal Constitution by Commission Making of Federal Proclamation by parliament Making of Federal Regulations by . . Makin of Regional Constitution by Making of Regional Proclamation by Regional Commission Making of Regional Regulations by .
Class notes

Contract and Business law

Construction Technology Management

AAU,CENG,MSC COTM

Contract
FIDIC :- Format Contract Contracts an agreement that will be enforced by the law. All contracts are agreements but all agreements are not contract b/c it might not be enforced by law. From Civil Code Art. 1675 Contract Defined. A Contract is an agreement whereby two or more persons as between themselves crate, vary or extinguish obligations of a proprietary nature. From above contact has needs two or more persons..and have proprietary nature. Art. 1731 Principle /Chapter2. Effect of Contracts/ (1) The provisions of a contract lawfully formed shall be binding on th parties as though they were law. (2) The contents of the contract shall be determined by the parties subject to the mandatory provisions of the law. (3) The provisions of this Title shall apply to all contracts where such provisions are of a mandatory nature or their application has not been set aside by the parties.

Four Elements of Contract


Art. 1678 Elements of Contract. No Valid Contract shall exist unless: (a) The parties are capable of contracting and give their consent sustainable at low; (b) The object of the contract is sufficiently defined and is possible and lawful; (c) The contract is made in the form prescribed by law, if any.
1. Capacity of the Person 2. Consent of the person 3. Objective of contract 4. Forms of contract

Capacity in case of foreign company it needs to be Notary Public Conforms. Company @ Foreign Notery Public@ Foreign Embassy of Eth Ministry of foreign affairs @ ETH
Class notes

Contract and Business law

Construction Technology Management

AAU,CENG,MSC COTM

(*Exclusive* )
Consent means
1. give permission: to give formal permission for something to happen As soon as they met Robert, her parents consented to the marriage. agree: to agree to do something She consented to appear as a witness

2.

Tort means A wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction.

Contract and Business law

Class notes