The rationale of article 73 of revised family code of Ethiopia that

requires the approval of court for contracts made during marriage.

Contract of marriage; is a contract which is signed by the future spouses or
spouses before or during the conclusion of marriage respectively, for the purpose
of regulating their personal relations and pecuniary effect of their marriage.
The principle of contract law of Ethiopia dictates that the contractant parties
have the freedom to modify vary and extinguish their contract,1 but the contract
of marriage during marriage is differ from such principle. Here the question will
be what is the main justification the need to limit the freedom of the spouses
with regard to concluding of contract that needs the approval of court?
1. The freedom of contract is justifiable when the parties give their free
consent and willingness to the contract. When we come to the contract
between spouses during the marriage due to the existence of special
relation between them it is hard to accept that there will be the free
consent and willingness and they may give their consent in the condition of
sentiments to the contract. Therefore, the law in order to ensure they give
their free consent and willingness to the contract the law requires the
approval of court.
2. According article 46 of the revised family code of Ethiopia “the spouse shall
not impose an obligation upon third parties by their contract of marriage’’2
But If the spouses allowed to made contract alone or separately by the mere
fact that they made contract they may impose an obligation on the third
parties or they may affect the interest of their family’s and they made may
transfer the property to other party
So, in order alleviate the aforementioned problems the court not only deposit
the certificate of the marriage they also approve whether the contract
between them is valid or not in the eyes of the law and then they approve it.

1Civil code of Empire of Ethiopia ,Proclamation No 165/1991,Federal Negarit Gazeta ,19th year No.2,5th
may 1960, Addis Ababa,Art 1675.
2Ethiopia Federal Democratic Republic Revised Family Fode Proclamation No 213/2000,Federal Negarit
Gazeta 6th year No.1,4th July 2000,Addis Ababa,Art 49(1).
1
1Civil code of Empire of Ethiopia ,Proclamation No 165/1991,Federal Negarit Gazeta ,19th year No.2,5th
may 1960, Addis Ababa,Art 1675.
2Ethiopia Federal Democratic Republic Revised Family Fode Proclamation No 213/2000,Federal Negarit
Gazeta 6th year No.1,4th July 2000,Addis Ababa,Art 49(1).
2