Monday, March 29, 2021

Ethiopian Law of Contract- Judicial Variation of Contract

  Judicial Variation of Contract

As indicated above, court may be delegated to vary a contract. The court is normally delegated such power when fundamental change in circumstance affects the object of the contract (Art.1766-1770). However; court may also vary a contract where there is undue influence or lesion that never leads to invalidation of the contract (see G.Krzeczunowicz, 1983, p111). Accordingly; in the following court may modify

Ethiopian Law of Contract- Variations of Contracts

Variations of Contracts

Introduction

Variation is making amendments to the provisions of a contract.  Variation makes change on the object of the contract. Variation of Contract is equivalent to amendment of law.  Variation normally becomes necessary because of fundamental changes in circumstance that the parties or the legislator does not want to tolerate. Minor changes are always expected and may not lead to variation of Contract. Contract may be varied by the parties, legislator and judiciary.

Ethiopian Law of Contract- Debtor’ Right to Receipt

  Debtor’ Right to Receipt (Art.1761-1762)

Whenever required, the debtor has a duty to prove that he has properly discharged his obligation (Art.2001 (2). One means that the debtor can use to prove the performance of the contract is by obtaining written evidence from the creditor (Art.2002). Moreover; an agent has duty to account to the principal all expenses made by him on behalf of the principal.

Sunday, March 28, 2021

Anticipatory Breach of Contract

 It is when the debtor informs the creditor before the debt is due that he (debtor) will not perform his obligation (Art.1757 (2). Such information may be implied from conduct of the debtor or from express statements addressed to the creditor (G. Krzeczunowicz, 1983, p.106). For example, if A and B entered into construction contract whereby A agreed to construct B’s G +3 residential house in Awassa and B agreed to pay 25% of the total construction price  one month before the construction starts. They agreed that the construction had to start on August 12, 2008.

Time of Performance of Contracts

Time of performance is very important to determine transfer of risk (in case of contract that transfer ownership such as sales and donation see Art.1758), cost of maintenance and preservation (see Art.1779-1783) and most importantly to claim damage for non-performance. Although time is not the only cause for non performance, when we think of non-performance the first thing that comes to our mind is probably time of performance. Time of performance greatly affects the benefit parties expect to derive from the contract.

Place of Performance of Contract

Place of performance has an implication on cost of payment, currency for money debts and territorial jurisdiction of court (Girma, 2002, p 124).Therefore determining place of performance has a multifaceted consequences.

Saturday, March 27, 2021

Performances of Contracts

 

Performances of Contracts (Art. 1740-1762) 


Performance of contract means fulfilling one’s own obligation as agreed. If the obligation is to “do”, doing what was provided in the contract exactly in the same way as provided, if the obligation is “not to do” forbearing from doing what is forbidden by contract and if the obligation is to “give” delivering the thing with its accessories on the agreed date and place is called performance of a contract.

What Does Effects of Contract Mean?

 

 What Does Effects of Contract Mean? (Art.1731)


The two major principles of contract are freedom of contract and sanctity of contract. Sanctity of contract indicates that parities are bound by their agreement. To make a serious promise certainly involves a moral duty to keep it. There is Latin saying “pacta sunt servanda’ which means that a person is bound by his words.  There is also an equivalent   Ethiopian proverb, ‘failure to keep a word is worse than losing a descendant’ /የተናገሩት ከሚጠፋ የወለዱት ይጥፋ/. However, contract is binding not only morally but also legally.

Thursday, March 25, 2021

Ethiopian Contract Law- Effects of Elements of Contract

 

Effects of Elements of Contract (Art, 1808-1818)


As discussed earlier, elements of contract are consent, object, capacity and form. Generally a contract that misses any of these elements is either void or voidable. Void and voidable contracts have differences and similarities. Let us first discuss the differences and then come to similarities.

Ethiopian Contract Law- Effects of form of Contracts

 

Effects of form (Art. 1720) 


When the parties or the law requires the contract to be made in writing, failure to comply with such requirement make the contract a mere draft (Art. 1720). The contract never exists until the formality requirement is fulfilled. As can be understood from Art.1726 and the phrase “a mere draft” (Art. 1720(1), the parties can complete the contract at any time by putting down its content in writing. But until such formality is fulfilled, no party can claim the enforcement of the contract.

Ethiopian Contract Law- Form of Contracts

 

Form of Contracts (Art 1719 – 1730)

Definition 

It is the way in which the content of the contract exists or appears to others. It answers the question as to how third parties such as court could know the agreement of parties. Therefore, contract may exist either in written form or oral form. When contract is in written form, a court or third parties know the agreement by reading a paper on which it was written (Art 2003). Otherwise, the court can know the agreement of parties from oral testimony of the parties themselves or witnesses (Art 2002).

Tuesday, March 16, 2021

Jazeera Airways launches flights to Addis Ababa

Jazeera Airways launches flights to Addis Ababa

Jazeera Airways has announced the launch of a new route to Addis Ababa, Ethiopia, starting from March 16.
 
This will be the second new service for the airline in 2021. The route will connect Kuwait and Addis Ababa twice a week, offering connections to the rest of the Middle East and Asia.

Ethiopian Contract Law- Freedom of Contract

 As stated under Art 1679, parties are the ones who define the content of their contract. They are free to determine what each party is bound to perform, where and when to perform and may also specify penalty for non performance. They are free to enter into any type of obligation, obligation to do “not to do” or “to give” (Art 1712(1).

Ethiopian Contract Law- Objects of Contracts

Object Defined 

Object of a contract is what parties have actually agreed to undertake. It is the obligation of both parties to the contract. The obligation may be to do something or to refrain from doing something or to give something to someone. So, object of a contract is the agreement of the parties to act, not to act, or to give.

The object of employment contract, for example, is the employers’ agreement to pay wage and employees’ agreement to do certain thing. In contract of sale of house; the obligation of the seller is to transfer ownership and possession to the buyer and the obligation of the buyer is to pay price. Object of contract differs from subject matter of contract. For example, in the above case, the work and the house are subjects of the contract. 

Moreover; object of contract differs from penalty causes of contract. Penalty causes provide a remedy or solution if a party fails to carryout his obligation (see Art. 1886-1895 of civil code). A combination of object and penalty causes gives us content of the contract. 

Ethiopian Contract Law- Defect in Consent due to Threat

 

 Defect in Consent due to Threat (Art.1706-1709)

A person may be threatened physically or psychologically to make an offer or to accept an offer made to him. In such case the person is declaring his intention to be bound as an alternative means of avoiding the effect of the threat. In principle parties enter into a contract for purpose of deriving economic benefit but  in case of threat, both or at least one of the party is entering into a contract to avoid a possible risk that has been directed against him, his relative, his property interest. So had it not been for the threat, the person would not have declared to be bound i.e. intention to be bound is lacking.

Friday, March 12, 2021

Ethiopian Contract Law- Defect in Consent

Defect in Consent (Art 1696 – 1710)  

If the consent expressed in the form of offer and acceptance does not indicate what the offeree or the offeror really intended then there exists defect in consent. The cause of defect in consent is either wrong information (mistake, false statement, fraud) or threat (duress, reverential fear, threat to exercise rights) or lesion. Defect in consent may be a cause for invalidation of contract (Art 1696). However, the existence of defect in consent does not necessarily lead to the invalidation of contract. Firstly defect in consent can invalidate a contract only if a party who agreed to be bound because of information or threat demands invalidation (Art 1808). Secondly in some cases the party whose consent was defective may not be entitled to claim invalidation (1708, 1709, and 1710).

Ethiopian Contract Law- Effect of Acceptance

Effect of Acceptance

In general, it can be inferred from Art 1679 and 1693(2) that once an offer is accepted the offeree is bound by his word. Once we know that acceptance is binding the question that comes to our mind is “the moment at which acceptance begins to be binding.”

Acceptance under Ethiopian Contract Law

 Acceptance (Art 1681-1685, 1689(1), 1694) (1893(3)

Acceptance is a positive response to an offer i.e. it is a declaration of intention to be bound by each and every contents of an offer. In short acceptance is a “Yes” answer to all the contents of the offer. Any slightest modification made to the content of the offer is considered as rejecting the offer and making, an alternative offer (Art.1694)

Wednesday, March 10, 2021

Interpretation of Contracts

Since a contract is a law, it may be interpreted. A law may be interpreted when it is vague, silent, illogical, ambiguous, and contradictory. So interpretation gives meaning to the provisions of the contract. If the provision of the contract is clear, there is no need to interpret (Art 1733). Here in law of contracts, interpretation is the way and process of determining the true meaning of a written document.

EFFECTS OF CONTRACTS

Introduction

By effects of contracts, we mean that the legal consequences of a validly formed contracts. The issue under consideration is dealt under Articles 1731-1805 of the civil code of Ethiopia. Once a valid contract is formed, observing the mandatory rules laid under the code for the formation of contracts such as consent, capacity, object and form, if any, it will have its own effect on the contracting parties and on the contracting parties exclusively. It is by and large said that contracts are laws for the parties who formed them. 

Companies with Mixed Public-Private Ownership in Ethiopia: Analysis of the Legal and Practical Problems

Companies with Mixed Public-Private Ownership in Ethiopia: Analysis of the Legal and Practical Problems

Abstract:

The crux of this paper focuses on the formation and corporate governance aspects of Companies with Mixed Public/Private Ownership. In so doing, it has looked at the major driving factors that explain the emergence of Mixed Ownership Companies and explore the corporate governance of the same.

Applicability of the Doctrine of Ultra Vires on Private Commercial Companies in Ethiopia: its Legal Significance

Applicability of the Doctrine of Ultra Vires on Private Commercial Companies in Ethiopia: its Legal Significance

Abstract:

The principle of limited liability introduced into private companies makes it imperative to define the powers and capacity of such companies, authority of their agents and the consequences and effects of ultra vires acts. The doctrine of ultra vires applicable to private companies was the invention of the judiciary which, subsequently, has been introduced in the commercial regime of both civil and common law jurisdictions, but not in every country. In this thesis, it is argued that the commercial regime of Ethiopia has given recognition to the applicability of the doctrine of ultra vires to private commercial companies, though not comprehensively. It is incomprehensive because the legal consequences and effects of ultra vires acts of private commercial companies are indeterminate. Moreover, the commercial regime of Ethiopia is impugned for it lacks clarity and specificity in regulating the consequences of acts ultra vires to company directors and managers and their liabilities.

Literal Interpretation of Contracts

Literal Interpretation of Contracts

Article 1732 of the code which can be compared to that of Article 1713 of the same code, states the principle that contracts, when found unclear or ambiguous or where its incidental effects are not known to the parties, but impliedly accepted, are to be interpreted according to good faith. The principle here is essential for it guides the parties to take reasonable care and to act honestly towards the other contracting party.

Tuesday, March 9, 2021

ጀኔራል ፓራሜድ ካል ኮሌጅ እና የሸቀጦች ጅምላ ንግድና አስመጪ ድርጅት ሰ/መ/ቁ 46130 ውዝፍ የኪራይ ገንዘብ

 

የሰ/መ/ቁ 46130

ጥር 26 ቀን 2002 ዓ.ም

 

ዳኞች፡- ተገኔ ጌታነህ

        ሐጐስ ወልዱ

        ሂሩት መለሰ

        ብርሃኑ አመነው

        አልማው ወሌ

 

አመልካች፡- ጀኔራል ፓራሜድ ካል ኮሌጅ - ጠ/ማንጉዳይ ወንድሙ ቀረቡ

ተጠሪ፡- የሸቀጦች ጅምላ ንግድና አስመጪ ድርጅት - ጠ/ተስፋዬ ቀለመወርቅ

      መዝገቡን መርምረን ተከታዩን ፍርድ ሰጥተናል፡፡

አቢሲኒያ ባንክ እና ዘውዱ ነጋ ሰ/መ/ቁ 51001 የመያዣ ውል- የአደራ ውል

 

የሰበር መ/ቁ 51001

ጥር 26 ቀን 2002 ዓ.ም

 

ዳኞች፡- 1. ተገኔ ጌታነህ

         2. መንበረፀሐይ ታደሰ

         3. ሐጐስ ወልዱ

         4. ሂሩት መለሠ

         5. አልማው ወሌ

 

አመልካች፡- አቢሲኒያ ባንክ - መርአዊ ታደሰ ቀረቡ

ተጠሪ፡- ዘውዱ ነጋ - ከጠበቃው ደሳለኝ አለሙ ክብረት ጋር ቀረቡ

       መዝገቡን መርምረን የሚከተለውን ፍርድ ሰጥተናል፡፡

Monday, March 8, 2021

Willful Withdrawal and/or Dismissal of Members from Private Limited Company in Ethiopia: the law and the practice

 Bogale, Abera

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Abstract:

Business organizations are preferred to undertake business activities in an organized form. In most jurisdictions, they are classified as partnerships and corporations. The Ethiopian Commercial Code of 1960 also follows the same classification. Companies are further classified as share companies and private limited companies (PLCs).

Income Taxation of the Digital Economy: BEPS and Ethiopian Tax Administration in Focus

 G/Mariam Abamecha, Mekonnen

Abstract:

The unprecedented pace of digitalization of the economy wreaked havoc on income tax rules designed for bricks-and-mortar economy. The source-residence and PE rules that are predicated upon fixed place requirements are getting obsolete in the face of virtual economic presence. As a result the OECD’s BEPS project has been a rallying point for the developed and developing countries alike. In view of this, it is important to look into the legal and administrative challenges of income taxation of the digital economy in Ethiopia. After critically assessing the legal and practical challenges in taxing the digital economy in Ethiopia, the research finds that the income tax rules are riddled with gaps and the tax administration has many challenges. The research in this regard mainly recommends that Ethiopia should join the BEPS project and modify its income tax rules and modernize its tax administration in the process.

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The Law and Practice Relating to Holding Companies in Ethiopia

 Teklezgi, Wedawit

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Background

For any legal system, particularly the business regulation regime, it is extremely important to set out the business sector into categories of business and lay down rules regulating their establishment, operation and dissolution in a principled manner. Accordingly, the Ethiopian legal system has its own organized and considerably consolidated legal frameworkin the Commercial Code of the Empire of Ethiopia (1960 – the Commercial Code hereinafter), the Commercial Registration and Business Licensing Proclamation (980/2016 along with its amendment – the proclamation hereinafter) and related other statutes. This scheme governs a great deal of the business operation in the legal system by setting out uniquely categorized business types and determining specifically crafted provisions for the operation of each. Therefore, we can speak about a sole proprietorship and shareholding arrangements in the way the traders are classified.

The Legal Gaps in Controlling Abuse of Market Dominance in Ethiopia – Appraisal of the Existing Legal Regime

 Haile W/Mariam, Yidnekachew

Abstract:

Abuse of a dominant position is a danger to the functioning of the free market. In most countries, finding an abuse of dominance involves several distinct steps: defining the relevant market, determining whether the firm is dominant by considering its market share, barriers to entry and other characteristics, and evaluating whether the behavior was abusive in terms of the competition law. The aim of this paper is to present the legal and practical problems in controlling abuse of market dominance in Ethiopia, under the latest competition law of Ethiopia which is trade competition and consumers’ protection proclamation number 813/2013. In order to achieve these goals, I have used the content analysis to discover both legal and practical problems in controlling abuse of market dominance in Ethiopia. And lastly, the paper presented those discovered legal and practical problems. The Practical problems are mainly emanated from the legal problems.

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የኢትዮጵያ ንግድ ባንክ እና እነ አቶ ናስር አባጊዳ አባገሮ /4 ሰዎች/ ሰ/መ/ቁጥር 48858 ብድር- እንደተከፈለ የሚቆጠር ክፍያ

 

                                                የሰ/መ/ቁጥር 48858

የካቲት 12 ቀን 2002 ዓ.ም

 

ዳኞች፡- 1. ተገኔ ጌታነህ

        2. ሐጎስ ወልዱ

        3. ሂሩት መለሰ

        4. ብርሃኑ አመነው

        5. አልማው ወሌ

 

አመልካች፡- የኢትዮጵያ ንግድ ባንክ - ነ/ፈጅ ዳንኤል ጅፋር ቀረቡ

ተጠሪ፡- 1. አቶ ናስር አባጊዳ አባገሮ - አልቀረቡም

        2. ወ/ሮ አሚና ሐጂ አበፎጊ

        3. አቶ ሙሂድን አባ መጫ    በሌሉበት የሚታይ

        4. ወ/ሮ አምበሩ አባ ፊጣ

 

      መዝገቡን መርምረን ተከታዩን ፍርድ ሰጥተናል፡፡

Sunday, March 7, 2021

ወ/ሮ ሽብሬ መኩሪያ እና እነ ወ/ሮ ደሜ ጅሩ /2 ሰዎች/ ሰ/መ/ቁ 48126 ይርጋ

 

የሰበር መ/ቁ 48126

የካቲት 3 ቀን 2002 ዓ.ም

 

ዳኞች፡- መንበረፀሐይ ታደሰ

        ሐጐስ ወልዱ

        ሂሩት መለሰ

        ብርሃኑ አመነው

        አልማው ወሌ

 

አመልካች፡- ወ/ሮ ሽብሬ መኩሪያ ቀረበች

ተጠሪዎች፡- 1. ወ/ሮ ደሜ ጅሩ

           2. ሞያ ረታ ቀረበ

      መዝገቡን መርምረን የሚከተለውን ፍርድ ሰጥተናል፡፡

አቶ ጥበቡ እምሩ እኛ አቶ ሙሉጌታ ካሴ ሰ/መ/ቁ 47987 በባለመሬቱ ፈቃድ ሕንፃ የገነባ ወይም ዛፍ የተከለ ሰው የሚኖረው መብት

 

የሰ/መ/ቁ 47987

የካቲት 9 ቀን 2002 ዓ.ም

 

ዳኞች፡- ተገኔ ጌታነህ

        ሐጐስ ወልዱ

        ሂሩት መለሰ

        ብርሃኑ አመነው

        አልማው ወሌ

 

አመልካች፡- አቶ ጥበቡ እምሩ - ቀረቡ

ተጠሪ፡- አቶ ሙሉጌታ ካሴ - ቀረቡ

 

      መዝገቡን መርምረን ተከታዩን ፍርድ ሰጥተናል፡፡

የኢትዮጵያ ንግድ ባንክ እና እነ አቶ ቀኖ በቀለ ሰ/መ/ቁ 46816 ብድር-ወለድ-እንደተከፈለ የሚቆጠር ክፍያ

 

የሰበር መ/ቁ 46816

የካቲት 26 ቀን 2002 ዓ.ም

 

ዳኞች፡- 1. ተገኔ ጌታነህ

        2. መንበረፀሃይ ታደሰ

        3. ሂሩት መለሰ

        4. አልማው ወሌ

        5. ዓሊ መሐመድ

 

አመልካች፡- የኢትዮጵያ ንግድ ባንክ ነ/ፈጅ እሸቱ በቀለ ቀረቡ

ተጠሪ፡- 1. አቶ ቀኖ በቀለ

        2. አቶ በቀለ ኒካ

        3. ወ/ሮ ውዴ ቀጄላ

 

CREATION OF AGENCY BY RATIFICATION

The other way of creating an agency relationship is ratification. Ratification is approval or affirmation of prior unauthorized act. In order to legally bind another person by your act you should get prior authorization of a person on whose behalf you are going to act. However there are two instances where the act of an unauthorized person binds another person.

CREATION OF AGENCY RELATIONSHIP

How is agency created?

Article 2179 provides for source of agency.

The authority to act on behalf of another may derived from law or contract

According to this article a person, the agent, gets the authority or power to act on behalf of another, the principal, either from the contract entered between him and the principal or from law. Below we will see four situations that give raise to agency relationship.

AGENCY RELATIONSHIP

Agency is an indispensable part of the existing social order. It fulfils the most diverse functions in public and private law of today; in particular it assists in organizing the division of labor in national and international economy by making possible for a principal to extend his individual sphere of activity. Agency extends the individual sphere of activity by allowing him to perform multiple business operations simultaneously in various locations.

VALUE ADDED TAX ASSIGNMENT UNDER THE FDRE CONSTITUTION: DESIGNATED OR UNDESIGNATED?

Yibekal Tadesse Abate

Keywords: Fiscal Federalism, Sales tax, VAT, Constitutional Status, Ethiopia

Haramaya Law Review  Vol 8 (2019)                                                         DOWNLOAD .pdf

Abstract

Whatever form of tax assignment a federal system of government adopts, an assignment of taxation power for each tier of government shall be determined under the constitution. The FDRE Constitution is detailed in terms of allocating taxation powers between the federal government and the regional States.

ውል የሚፈርስባቸው ሁኔታዎች

(ምንጭ፡ የተሻሻለው የውል ህግ ሞጁል (ለሥራ ላይ ሠልጣኞች የተዘጋጀ)

ህግ የሚጠይቀውን ሥርዓት ተከትሎ የተሰራ ውል በህግ ፊት ሊፈጸም የሚችል ነው፡፡ የተዋዋዮችን ጥቅም የሚያስጠብቅ፣ ዕርካታን የሚያስገኝላቸው በመሆኑ እንደስምምነታቸው እንዲፈጸም የህጉ ፍላጎት ነው፡፡ ይሁንና ህጉ እንዲኖር የሚፈልገውን ወይም የሚጠይቀውን ሁኔታ የሚያሟላ ሳይሆን የገበያ ውድቀትን (market failure) ሊያመጣ የሚችል በመሆኑ ፍርስ ይሆናል ወይም እንዲፈርስ ይደረጋል፡፡ ይህ አይነቱን ችግር ያስከትላሉ የሚባሉት የሚከተሉት ሁኔታዎች ናቸው፡፡

የውል መፍረስ

(ምንጭ፡ የተሻሻለው የውል ህግ ሞጁል (ለሥራ ላይ ሠልጣኞች የተዘጋጀ)

ውል እንዲፈርስ ለመጠየቅ መብት ስላለው ሰው እና ስለሚጠየቅበት ጊዜ

ለአንድ ውል ውጤት ማግኘት የሚያስፈልጉት ሁኔታዎች የተሟሉ እንደሆነ ይፈፀማሉ፡፡ የተጓደሉ እንደሆነ ግን ውሉ እንዲፈርስ ይደረጋል፡፡ ጥያቄውን ለማቅረብ የሚችለውም በፈቃዱ ጉድለት ወይም በችሎታው ማጣት ሰበብ በውሉ የተጎዳው ወገን ብቻ ነው፡፡ ሌላ ሰው ጥቅም ኖሮት ቢሆን እንኳ ለመጠየቅ አይፈቀድም፡፡ ውሉ ከህግ ውጪ ነው፣ ለህሊና ይቃረናል ወይም የተደነገገውን የአፃፃፍ ሥርዓት አልተከተለም በሚል ውሉ እንዲፈርስ ለመጠየቅ ሥልጣን የተሰጠው ግን ለተዋዋዮችና በጉዳዩ ላይ ጥቅም አለኝ ለሚል ማንኛውም ሰው ነው፡፡ ይህ ልዩነት የኋለኞቹ ምክንያቶች ጉዳቱ ከተዋዋዮች ማሕበራዊ እና ኢኮኖሚያዊ ደህንነትም በላይ ጠቅላላውን ህዝብ የበለጠ የሚጎዱ ቀውስን የሚፈጥሩ ናቸው በሚል ትኩረት የተደረገባቸው መሆኑን የሚጠቁም ነው፡፡

የውል ህግ አወቃቀር

(ምንጭ፡ የተሻሻለው የውል ህግ ሞጁል (ለሥራ ላይ ሠልጣኞች የተዘጋጀ)

የኢኮኖሚ ስልጠትን መፍጠር

ቀደም ሲል እንደተገለጸው ውል ንብረቶቻቸውን የተመለከቱ ግዴታዎችን ለማቋቋም፣ ለመለወጥ ወይም ለማስቀረት ባላቸው ተወዳዳሪ ግንኙነት የተነሳ ሰዎች በመካከላቸው የሚመሰረቱት ስምምነት ነው ብለናል፡፡ የግንኙነታቸው መሰረት ንብረት ነው፡፡ ወጪን ያንራል፣ በገበያ ላይ ያለን መተማመን ያጎድላልና ሰዎች ንብረቶቻቸው ከአንዱ ወደ ሌላው ሲያሳልፉ የልውውጡ ፍሰት እንዲታጎል አይፈልጉም፡፡ ይህ የተዋዋዮች ብቻ ሳይሆን የጠቅላላው ሕዝብ ፍላጎትም ጭምር ነው፡፡ ይህ እንዲሆን ታዲያ የውል ህግ የገበያው ተሳታፊዎች ሊኖራቸው የሚገባው ጠባይ ምን መሆን፣ እንዴት መመራት እንዳለበት ደንብና ሥርዓት በማበጀት የልውውጡ ሂደት መተማመን ያለበት ጊዜና ወጪን የሚቆጥብ የሰዎችን ዕርከታ የሚያስገኝ እንዲሆን ተደርጎ ይዋቀራል፡፡ ስለሆነም የውል ህግ በሰዎች መካከል ያለውን ቀና የሆነ የኢኮኖሚ ግንኙነት የሚገዛ መሳሪያ ነው ቢባል ስህተት አይሆንም፡፡

የውል ህግ ተግባራት

(ምንጭ፡ የተሻሻለው የውል ህግ ሞጁል (ለሥራ ላይ ሠልጣኞች የተዘጋጀ)

የተዋዋዮችን ግንኙነት ማደራጀት (the coordination role)

ውል ማለት ንብረታቸውን የሚመለከቱ ተነፃፃሪ ግዴታዎችን ለማቋቋም ለመለወጥ ወይም ለማስቀረት ሁለት ወይም ከዚያ በላይ በሆኑ ሰዎች መካከል የሚደረግ ስምምነት ነው የፍ.ብ.ህ.ቁ 1675 (1) ፡፡ ስምምነቱ የሚቆመው በነፃ ፈቃድ ላይ ነው፡፡ ይህ በሁሉም የህግ ስርዓቶች ያለ መሰረታዊ ሀሳብ ነው፡፡ በነፃ ፈቃድ የመሠረቱት ውል ሊከበርን ይገባል ብለው ባሰቡት መንገድ የሚፈልጉትን ቁምነገር እንዲያካትት አድርገው ይቀርጹታል፡፡ ይህም በተዋዋዮች መካከል ዕርካታን ያመጣል ተብሎ ይታሰባል፡፡

Cancellation of Contracts

   Cancellation of Contracts Cancellation is another remedy for non-performance. Cancellation brings an already existing contract to an end....