Wednesday, September 9, 2020

የኪራይ ውል-ኃ/የተ/የግ/ማኀበር የሀላፊነት ወሰን- ሰ/መ/ቁ. 34155

 የሰ/መ/ቁ. 34155

ኀዳር ዐ4/2ዐዐ1

ዳኞች፡- አብዱልቃድር መሐመድ

      ታፈሰ ይርጋ

      ፀጋዬ አስማማው

 አልማው ወሌ

      ዓሊ መሐመድ

አመልካቾች፡- 1/ ኢንጂነር ቀለሙ ስንቄ ጠበቃ ብስራት መኮንን ቀርበዋል፡፡

           2/ ከበደ ሚካኤል አካዳሚ ኃ/የተ/የግ/ማኀበር “    

ተጠሪ፡- ኢንጂነር ሳቲኖ ማስካሮ - ጠበቃ ቴዎድሮስ ሃ/ስላሴ ቀርበዋል፡፡

     ጉዳዩ ለምርመራ በተቀጠረው መሠረት ተመርምሮ የሚከተለውን ፍርድ ተሰጥቷል፡፡

Friday, September 4, 2020

Institutional Aspects of Reforming the Financial Sector: The Case of Regulating Banking in Post-Reform Ethiopia

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Alemayehu Geda

Introduction

Following the 1974 popular revolution all privately owned financial institutions including three commercial banks, thirteen insurance companies and two non-bank financial intermediaries were nationalised on 1 January 1975. The nationalised banks were reorganised and one commercial bank (the Commercial Bank of Ethiopia), a National Bank (recreated in 1976), two specialised banks (the Agricultural and Industrial Bank – recently renamed as the Development Bank of Ethiopia and Housing and Savings Bank – recently renamed as the Construction and Business Bank) as well as one insurance company – Ethiopian Insurance company were formed.

e-Payment: Challenges and Opportunities in Ethiopia

Wondwossen Taddesse & Tsegai G. Kidan

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Background

Nowadays, societies have well recognized information and knowledge as invaluable resources. The ‘agricultural age’, the period when majority of workers were farmers, and the ‘industrial age’, the period when work processes were simplified through mechanization and automation, had to pass before the advent of the present 'information age'. The information age began in the 1960s when majority of workers are involved in the creation, distribution, and application of information [1]. The developed countries came through the two preceding ages to reach the information age. The contemporary developing countries, however, host elements from the three ages. There is a mixed sort of development. The trend, nevertheless is that eventually the development of information and communication is to surpass the two and prevail in every aspect of society’s social, political and economic life.

Thursday, September 3, 2020

Rethinking Ethiopian Secured Transactions Law through Comparative Perspective: Lessons from the Uniform Commercial Code of the US

MIZAN LAW REVIEW, Vol. 11, No.1 September 2017

 

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Asress Adimi Gikay §

Abstract

Various countries have reformed their secured transaction laws recognizing the significance of modern secured transactions law in enhancing access to credit and economic development. Ethiopia has not undertaken comprehensive secured transactions law reform, despite the demonstrable mismatch between the legal regime governing security interests and the country’s current political, economic and commercial realities. In-depth analysis of the Ethiopian secured transactions law is made in this article in the light of UCC1 Art 9, English, and French secured transactions laws and the EBRD (European Bank for Reconstruction and Development) Model law and the experience of civil law jurisdiction of Louisiana. I argue that secured transaction law reform in Ethiopia can be implemented based on UCC Art. 9 with some adjustment in light of Louisiana’s experience. The article uses the unitary concept of security interest and floating lien to exemplify the supremacy of the approaches and policies of UCC Art. 9 and its suitability as a model for potential secured transactions law reform in Ethiopia.

Mandatory Compensation to Commercial Agents upon Termination of Agency under Ethiopian Law

MIZAN LAW REVIEW, Vol. 11, No.2 December 2017

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Kamil Abdu Oumer §

Abstract

The Ethiopian Commercial Code recognizes mandatory compensation if agency agreement for an indefinite period of time is terminated due to the fault of the principal; and the Draft Commercial Code is likely to maintain this approach. This comment examines the status and functions of a commercial agent as well as the compensation due to the agent upon the termination of the commercial agency. I argue that there should be mandatory compensation upon the termination of agency relations for both definite and indefinite period of time unless the agency relation is terminated due to the fault of the agent that justifies termination of a contract. This is justified by comparative experience in the legal regimes of Germany, France, Britain, the European Union, Turkey and some international conventions on agency relations.

TITLE IV. GAMES AND GAMBLING

TITLE IV. GAMES AND GAMBLING

 

Art. 713. - Games and gambling.

1.    The provisions relating to insurance shall not which are in the nature of games or gambling.
2.    Without prejudice to the provisions of Art. 714, shall not give rise to valid claims for payment apply to operations games and gambling.
3.    Where a person capable under civil law has spontaneously paid a debt arising out of a game or gambling in which no fraud has been committed, such person cannot claim back the sum paid.

TITLE III. INSURANCE

 

TITLE III. INSURANCE

 

Chapter 1. General Provisions

Art. 654. - Definition.
1.    An insurance policy is a contract whereby a person, called the insurer, undertakes against payment of one or more premiums to pay to a person, called the beneficiary, a sum of money where a specified risk materialises.
2.    Where damages are insured, the insurance policy the risks affecting property or arising out of the civil liability.
3.    Where persons are insured, the insurance risks arising out of death or life, or to risks the person or illness shall extend to insured person's policy shall extend to arising out of injury to the person or illness.

የኪራይ ውል-ኃ/የተ/የግ/ማኀበር የሀላፊነት ወሰን- ሰ/መ/ቁ. 34155

  የሰ/መ/ቁ. 34155 ኀዳር ዐ4/2ዐዐ1 ዳኞች፡ - አብዱልቃድር መሐመድ        ታፈሰ ይርጋ        ፀጋዬ አስማማው   አልማው ወሌ         ዓሊ መሐመድ አመልካቾች፡- 1/ ኢንጂነር ቀ...