Family Law
Course        Course Title: Family
Information   Law Course Code:
              Laws2021
              Credit Hours: 3 hrs.
              /week
              Class Schedules:
              Wednesday 4,5,6 (Section
              A) & Friday 1,2,3(Section
              B)
              Year: II
              Academic Year:
              2024/2025
              Semester: I
              Prerequisite:
              None
Instructor    Name: Afrah A.
Information   Title: Assistant Lecturer
              Office Location:
              Administrative
              Bldg. Office No.
              118
              Consultation
              Hour: Wednesday
              3:00-6:00 LT
              Email Address: afrahahmed1219@gmail.com
ECTS          5
                                                                                                            and
                                                                                        Independent study
                                                                                                                         final Assessment
                                       Problem-solving
Student
                                                         Project works
                                                                         Presentation
                                                                                                            Continuous
Work-Load
                          Tutorials,
              Lectures
                                                                                                                                                  Total
              30         20                              30              15             35                  5                               135
Course        The Course on Family law deals with the relationships between spouses and
Description   between children and their parents. The family being an indivisible unit of
              society attracts interdisciplinary consideration. The course would focus on
              the principles followed in founding a family through marriage or irregular
              union. Although marriage or irregular unions have certain elements of a
              contract, the course is more is about the status created vis-à-vis groups of
              people. There are three main concerns about the status which shall be the
              subjects of consideration: firstly, how a status is obtained or acquired;
              secondly, what the legal consequences of such a status is; and thirdly, how a
              status is extinguished or terminated.
              Ethiopia, emphasizing the significance of regulating family matters, has put
              in place laws which have recognized and protected the family. This course
              will expose students to the basic principles of family law incorporated under
              the Ethiopian legal system (the FDRE Constitution, Regional Constitutions,
              the Revised Family Code of the FDRE and other regional family laws). The
              course shall deal with the rationale behind recognizing and protecting the
              family, sources of familial relationship, formation and effects of marriage
              and irregular union, issues pertaining to filiations, adoption, the obligation
              to supply maintenance and settlement of disputes.
Objectives,      After a successful completion of the course, students are expected to
Competence       achieve basic knowledge and competence regarding:
Achieved              The rationale behind recognition and protection of the family;
                      The sources of family relationship;
                      The effects of such relationships as incorporated under Ethiopian
                         family laws;
                      Marriage and the essence of the institution of marriage;
                      The essential conditions for the validity of all forms of marriage;
                      Irregular union and its distinguishing features;
                      The departure instituted by the new family laws of Ethiopia from the
                         1960‘s Civil Code particularly with regard to rights of women and
                         the protection of children;
                      The rules pertaining to ascertainment of maternal and paternal
                         filiations;
                      The mechanisms designed by the family laws to resolve disputes
                         arising in marriage and irregular union;
                      Adoption and the essential conditions for the establishment of
                         adoption, its effects as well as the causes for revocation of adoption;
                      The obligation to supply maintenance and the rationale behind such
                obligation.
Pre-requisite    None
Course Status    Mandatory
Schedule
Contact
Hours
Course     Chapter I: Introduction to family and family relations
Contents
              1. Introduction to Family and Family Law
              2. Definition and Sources of family law
              3. Rationale behind Protection and regulation of the family
              4. Sources of family relationships
              5. Relationship by consanguinity
              6. Relationship by Affinity
              7. Relationship by Adoption
              8. Effect of Family Relationship
           Chapter II: The concept, modes and essential conditions of marriage
              1. Betrothal
              2. Definition of Marriage
              3. Modes of Conclusion of Marriage
              4. Civil Marriage
              5. Religious Marriage
              6. Customary marriage
              7. Marriage celebrated abroad
              8. Essential Conditions of Marriage
              9. Consent
              10. Age
              11. Absence of other Impediments to Marriage
           Chapter III: Non-observance of essential conditions of marriage
              1. Opposition to Marriage
              2. Effects of Violation of Essential Conditions of Marriage
Chapter IV: Personal and pecuniary effects of marriage under the RFC
of Ethiopia
   1. General Overview
   2. Personal Effects of Marriage
   3. Respect, support and assistance
   4. Family Management
   5. Cohabitation
   6. Duty of Fidelity
   7. Pecuniary Effects
   8. Personal Property of Spouses
   9. Common Property of Spouses
   10. Management of Personal and Common property of Spouses
   11. Debts of Spouses
Chapter V: Proof of marriage under the RFC of Ethiopia
   1. Registration of Marriage
   2. Proof of Marriage by Certificate of Marriage
   3. Proof of Marriage by Possession of Status
Chapter VI: Dissolution of Marriage
   1. Grounds of Dissolution
   2. Dissolution by operation of the law
   3. Divorce
   4. Divorce by Mutual Consent
   5. Divorce by Petition
   6. Effects of Dissolution of Marriage
   7. Child Custody
    8. Liquidation of Pecuniary Relations
    9. Partition of Matrimonial Property
Chapter VII: Irregular Union
    1. Introduction
    2. Objectives
    3. The Concept of Irregular Union
    4. Why Do People Live in An Irregular Union?
    5. The Need to Protect Irregular Union
    6. Legal Effects of Irregular Union
    7. Proof of Irregular Union
    8. Termination of the Union
    9. Sources, types and proof of filiations
Chapter VIII: Filiation
  1. Introduction
  2. Objectives
  3. Maternal Filiation
  4. Paternal Filiation
  5. Presumption of Paternity
  6. Acknowledgment of Paternity
  7. Judicial Declaration
  8. Regulation of Conflict of Paternity
  9. Disowning
  10. Proof of Filiation
  11. General
  12. Proof by Record to Birth
Chapter IX: Adoption
   1. Introduction
   2. Objectives
   3. Adoptions Defined
   4. Essential Conditions and Effects of Adoption
   5. Essential Conditions
   6. Effects of Adoption
   7. Inter-country Adoption and Safeguards of children
   8. Inter-country Adoption in General
   9. Placement of the Child
   10. Selection of Adoptive Parents
   11. Safeguards for Children in Inter Country Adoption
   12. Follow –Up
   13. The Child‘s Right to Identity and Secrecy
   14. Prevention of Unlawful acts in Inter-Country Adoption
   12. Revocation of Adoption
Chapter X: OBLIGATIONS OF SUPPLY MAINTENANCE 9.1
   1. Introduction
   2. Objectives
   3. Rationale behind the Obligation
   4. Subject Matter of the Obligation
   5. Persons between whom the Obligation Exists
   6. Termination of the Obligations
                  Chapter XI: Settlement of disputes of family matters
                     1. Introduction
                     2. Objectives
                     3. Settlement of Disputes Arising out of Marriage and Irregular Union
                     4. Preliminaries
                     5. Settlement of Disputes by Court
                     6. Settlement by Arbitration
                     7. Settlement of other Family Disputes
                     8. Preliminary
                     9. Child Custody
                     10. Maintenance Allowance
                     11. Visitation Right
Methods      of Lectures, seminars, student presentations, group discussions, individual and
Delivery           group tutorials, assignments and project supervisions.
Mode         of    The final grade shall be determined based on the performance of students in the
Assessment         following activities:
                          Class Participation…5%
                          Mid Exam…30%
                          Assignments / Project/ Essays…15%
                          Exam(s)…50%
References
                          Aschalew Ashagrie and Martha Belete: Family law Course Material,
                           JLSRI, 2008
                          Mizanie Abate, Bahir Dar University Faculty of Law Commentary on
                           Family Law (For Distance Education), 2006
                          The Revised Family Code of Ethiopia (RFC) (2000)
                          መሃሪ ረዲኢ፡ የተሻሻለውን የቤተሰብ ህግ ለመገንዘብ የሚረደ አንዲንዴ ነጥቦች 1995