Family law short note for exit exam
Dear readers you are expected to read the provisions of the
Family code, which are mentioned under this short note and
Provisions that are not mentioned. Since the content of this
Note are only the essential pointes that one should have to
Know in order to understand the rational behind the Provisions
of RFC and foundational concepts of family law.
Contact at: mickysmart43@gmail,com
Mickysma
, Chapter one
Definition and sources of family law
What is family?
• Family is a group of person who are united by marriage, by filiation or even exceptionally by adoption.
• Family is considered as a social group characterized by common residence, economic cooperation and reproducti
Q. What are the common forms of family?
• From the above definition family can be classified into;
a. Nuclear family: consist of a married man and women with their offspring's, from which more complex fam
compounded.
b. Extended family: consists of two or more nuclear families affiliated through the extension of the parent ch
rather than husband wife relationship.
Sources Of Family Relationships
• There are commonly three sources;
A. Relationship by consanguinity: it results from birth (relation between son and father, between grand
father) or those who descended from common ancestors (such as two brothers or two cousins)
Q. What are the forms of consanguinity relationship?
• There are two forms;
❖ Direct line relation: serious of relatives descended from each other form what is called a straight line.
❖ Collateral line relation: a relationship which unites two relatives descended from common ancestor.
Q. how we can determine the degree of relationship in cases of collateral relationship?
• There are two modes of calculation:
, 1. Civil law legal system; just count the number of generations in the two line by departing from the common ancestor and
two serious of degrees.
2. Canon law: the generation are counted in one side only, thus;
❖ If the two lines are equal take the one side only and count as one generation
❖ If the lines are not equal just take the longest line and leave the short line.
B. Relation by Affinity: is created as a result of marriage. Thus;
❖ The women who marries become the daughter in law (by marriage) of the father and mother of the husband and
❖ The husband become the son in law to the mother and mother of the wife.
C. Relation by adoption: created as a result of a special contract between the adopter and the original families of th
child.
Effects of Family relationship
• Once the family relationship is created it has three effects;
1. Rights emanating from the relationship: is maintenance (art 198 of RFC) and succession for the relatives.
2. Obligations emanating from the relationship: is alimony for destitute family and custody of child (see art 219
RFC)
3. Incapacity of persons: consists of relation requirement to conclude marriage (see art 32 RFC) and marriage betw
relatives are prohibited.
, CHAPTER TWO
Marriage
Q. What is marriage? Does Ethiopian laws define marriage?
In Ethiopia marriage is regarded as institution rather than a contract. However there is no legal definition of marr
Ethiopian family laws. But the close look at foreign laws set three basic elements of marriage that should be fulf
call it a marriage;
a) The marriage should be between man and women (i.e. no homosexual marriage has a legal protection)
b) There should be free and full consent in conclusion of marriage by both parties and
c) It should last for life time
N.B. marriage can be considered as a status or as a contract, i.e.;
a) Marriage as status: once the person are concluded a marriage they are subjected to family law, regardless of their inten
b) Marriage as contract: once persons are concluded a marriage they are bound by the terms of their marriage contract, c
on their intention or volition as long as it does not contravene with the provisions of the law..
Modes of conclusion of marriage
Under Ethiopian RFC there are three modes of concluding marriage;
A. Civil Marriage: (see art 1(1), and 2 of RFC): when a man and women have appeared before an officer of civil st
purpose of concluding marriage and the officer of civil status accepted their respective consent.
Q. What are the requirement to conclude marriage before civil status?
Dear readers you are expected to read the provisions of the
Family code, which are mentioned under this short note and
Provisions that are not mentioned. Since the content of this
Note are only the essential pointes that one should have to
Know in order to understand the rational behind the Provisions
of RFC and foundational concepts of family law.
Contact at: mickysmart43@gmail,com
Mickysma
, Chapter one
Definition and sources of family law
What is family?
• Family is a group of person who are united by marriage, by filiation or even exceptionally by adoption.
• Family is considered as a social group characterized by common residence, economic cooperation and reproducti
Q. What are the common forms of family?
• From the above definition family can be classified into;
a. Nuclear family: consist of a married man and women with their offspring's, from which more complex fam
compounded.
b. Extended family: consists of two or more nuclear families affiliated through the extension of the parent ch
rather than husband wife relationship.
Sources Of Family Relationships
• There are commonly three sources;
A. Relationship by consanguinity: it results from birth (relation between son and father, between grand
father) or those who descended from common ancestors (such as two brothers or two cousins)
Q. What are the forms of consanguinity relationship?
• There are two forms;
❖ Direct line relation: serious of relatives descended from each other form what is called a straight line.
❖ Collateral line relation: a relationship which unites two relatives descended from common ancestor.
Q. how we can determine the degree of relationship in cases of collateral relationship?
• There are two modes of calculation:
, 1. Civil law legal system; just count the number of generations in the two line by departing from the common ancestor and
two serious of degrees.
2. Canon law: the generation are counted in one side only, thus;
❖ If the two lines are equal take the one side only and count as one generation
❖ If the lines are not equal just take the longest line and leave the short line.
B. Relation by Affinity: is created as a result of marriage. Thus;
❖ The women who marries become the daughter in law (by marriage) of the father and mother of the husband and
❖ The husband become the son in law to the mother and mother of the wife.
C. Relation by adoption: created as a result of a special contract between the adopter and the original families of th
child.
Effects of Family relationship
• Once the family relationship is created it has three effects;
1. Rights emanating from the relationship: is maintenance (art 198 of RFC) and succession for the relatives.
2. Obligations emanating from the relationship: is alimony for destitute family and custody of child (see art 219
RFC)
3. Incapacity of persons: consists of relation requirement to conclude marriage (see art 32 RFC) and marriage betw
relatives are prohibited.
, CHAPTER TWO
Marriage
Q. What is marriage? Does Ethiopian laws define marriage?
In Ethiopia marriage is regarded as institution rather than a contract. However there is no legal definition of marr
Ethiopian family laws. But the close look at foreign laws set three basic elements of marriage that should be fulf
call it a marriage;
a) The marriage should be between man and women (i.e. no homosexual marriage has a legal protection)
b) There should be free and full consent in conclusion of marriage by both parties and
c) It should last for life time
N.B. marriage can be considered as a status or as a contract, i.e.;
a) Marriage as status: once the person are concluded a marriage they are subjected to family law, regardless of their inten
b) Marriage as contract: once persons are concluded a marriage they are bound by the terms of their marriage contract, c
on their intention or volition as long as it does not contravene with the provisions of the law..
Modes of conclusion of marriage
Under Ethiopian RFC there are three modes of concluding marriage;
A. Civil Marriage: (see art 1(1), and 2 of RFC): when a man and women have appeared before an officer of civil st
purpose of concluding marriage and the officer of civil status accepted their respective consent.
Q. What are the requirement to conclude marriage before civil status?
