LAW OF SUCCESSION GROUP ASSIGNMENT

Group members: ID
1. Betselot Bekele 1253/15
2. Hayat Menur 1438/15
3. Iyerusalem Indalemahu 1469/15
4. Misaa Tamene. 1553/15
5. Rahel Wolde. 1612/15

Submitted to: Mr.DanielE.

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INTRODUCTION

Although not the first to codify civil code French civil code also known as the Napoleon
code was influential around the world. Among many countries the Ethiopian Civil code was
greatly influenced by the Napoleon code . This assignment will focus on the comparative
analysis of the French and Ethiopian civil code from article 718-740 and 826-841
respectively. It addressed succession law of both laws, their structure ,content, legal
principles and furthermore looks into the historical, social and cultural context of each
laws. In addition to the above mentioned, it also assesses the strength and weaknesses of
each law and contemporary status of each laws and lastly it provides policy and legal
recommendation.

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General overview of the two laws
The adoption of the civil code has been a turning point in French law history. The
Napoleonic Code abolished a previouspatchwork of feudal laws. The Code itself,
following the plan of Roman law, is divided into "books," each book is then divided into
"titles" dealing with specific aspects of the law such as successions, marriage, etc. The
Civil Code, comprising 2,281 articles (120,000 words) has a Preliminary Title of six
articles and three books. The Preliminary Title was intended by Portal is to be a longer,
39 article, "philosophical" consideration and justification of the Code. Book One, entitled
"Of Persons," contains Articles 7 through 515, and deals with the status of aliens in
France, marriage, divorce, paternal power, guardianship, emancipation, incapacities, the
family council, etc. Book Two, entitled "Of Property, and the Different Modifications of
Property," contains Articles 516 through 710, concerns the ownership property, usufruct,
servitudes, etc. Book Three, the longest, is entitled "Of the Different Modes of Acquiring
Property," contains Articles 711 to 2281. This book covers successions, gifts and wills,
obligations, contracts, matrimonial property systems, liens, mortgages, etc.1

The legal system in Ethiopia incorporates elements of civil law, customary law, and
Islamic law. The civil law draws inspiration from the French legal framework, while the
customary law reflects the traditional legal practices of Ethiopia’s diverse ethnic
communities. The Islamic law is founded on Sharia law, which originates from the Quran
and the Hadith.2 The Civil Code currently in force in Ethiopia was promulgated in 1960.
It has been subject to some amendments, the last one on 2009. The Code consists of 3367
articles divided into the following Books: I) Persons; II) Family and successions; III)
Goods; IV) Obligations; V) Special contracts. INHERITANCE. Book II defines bonds of
relationship by consanguinity and affinity and further establishes rules of succession
(Title V), both through intestate succession and wills.3

1
Holmberg, T. (2002, September). The Civil Code: An overview. Napoleon Series. Retrieved from
[https://www.napoleonseries.org/research/government/code/c_code2.html#:~:text=%EF%BF%BD%20The
%20Tribunate%20was%20in,laws%20composing%20the%20Civil%20Code.%22]
2
Tesfatsion, B. (2023, March 23). The influence of French law on the Ethiopian legal system. EthioStar
Localization. Retrieved from https://www.ethiostarlocalization.com/the-influence-of-french-law-on-the-ethiopian-
legal-system/
3
Federal Democratic Republic of Ethiopia. (1960, May 5). The Civil Code. Retrieved from www.l.lawethiopia.com

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 Structure of each law

French civil code from article 718-730 is about succession. Those articles expressed when
succession is going to open, presumption of survivorship in case of perished person in the same
accident, in consideration of survivorship there is determination of age & sex to the validation of
succession & it gives remedies in the absence of legitimate heirs.
Those articles classified as chapter I which mostly cover opening of succession &seisin of heirs
it covers from article 718-25, In chapter I there are subsection as title I & Book III. Title I is
about the perished persons treatment on succession Book III of this code stated about mode of
acquiring property .Chapter II of these articles are from article 725-730 it include unworthiness
of a person in devolution of succession.
Ethiopia civil code from article 826-841 classified as chapter I & included by Title V which
succession , which entitled as devolution of succession it has section I which are general
provisions & it lay down its provision in paragraph I which has a title of opening of succession &
thing s making up succession & in this paragraph it covers where & when shall succession
opened & about things which make up inheritance this paragraph cover articles from 826-
829.Paragraph 2 of those articles is about capacity to succeed it cover articles from 830-841 with
in these article conditions required for succession ,person dies simultaneously, death of heirs,
conceived child’s capacity regarding succession, unworthiness & pardon of deceased are
comprised.
Both Ethiopia civil code articles from article 826-841 & French civil code from article 718-730
expressed about succession in general and have & their section & subsections include opening of
succession, capacity or qualities to succeed, simultaneous death, unworthiness. But Ethiopia &
French civil code have differences in way of structure which Ethiop civil code from 826-841
classified as chapter , section, paragraph but French civil from 718-730 code classified as chapter
,title , book but in the case of Ethiopia civil code title incorporate chapter , section ,paragraph in
French chapter incorporate title & book .
French civil code in article 718 succession opened by natural death & civil death, but In the case
of Ethiopia civil code article 826 there is no any classification of death as civil & natural the
succession opened where a person dies. French civil code in the absence of legitimate heirs the
property passes to natural children if there is no any to the father or mother of the deceased if
there be neither to the state but this way of devolution in Ethiopia civil code has it own section
which also called intestate succession. In French civil code in the case of simultaneous death the
presumption of survivorship determined by the circumstance of the f the event in defect of this
age & sex can be considered which is if the perished together were under fifteen years the eldest
presumed to be last survivor & if they were above sixteen the youngest presumed to be the last
survivor. In the case where both perished were under the age of sixty the male always deemed to

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be the last survivor & if both were the same sex the youngest presumed to be the last survivor. In
the case of Ethiopia civil code there is no any distinction on the bases of sex to consider the last
survived.
In Ethiopian civil code legitimate & adopted child of deceased or the heirs may not affect to
ascertain portion of heirs article 837. Sex, age & nationality of heir doesn’t affect the right of
heirs but for the case of nationalities there is exception which foreigner’s doesn’t allowed to own
immovable things & conceived child can called for succession article 834 . In French civil code
foreigners aren’t allowed to succeed only the Frenchman has a right to succeed the property of
the foreigner even the property is outside French, for conceived child they can entitled for
succession if they likely to live article 725[2], in both codes dead persons is not going to succeed
article 725[3] in French civil code.
Unworthiness is one of the exception which made individuals to don’t succeed the deceased. In
Ethiopia civil code unworthiness derived from intention to kill the deceased person, deceased
ascendant or descendant or spouse of deceased & when the person false accusation of those
individuals & if this accusation led to rigorous imprisonment for more than ten years for those
individuals he\she may lose their capacity to succeed by unworthiness. unworthy can’t represent
by his descendant. but this attempt take place after the death of deceased there will not be
unworthiness this unworthiness can be eliminate by pardon of deceased.
French civil code article 727 listed action which led to unworthiness those are attempt or
causing death for defunct[deceased],&when the heir who is capable of age knowing the murder
of the deceased shan’t denounce to officer of justice consider as unworthy, but this denunciation
is not objected for the ancestor & descendant of the killer.
Terminology difference
There are some terminology similarity & difference, Some terminology differences in French &
Ethiopia civil codes are, in French civil code it expresses the opening of succession is through
natural death & civil death as French civil code article 718 stated instead Ethiopia civil code use
the term death to include both types of death. The term simultaneous death in Ethiopia civil code
used to express this terminology as death occur at the same time for both considered as heir &
the owner of the property in the case of French civil code the simultaneous death of both the
owner of property & the presumed legatee or heirs at law explicated or termed as perished
together. French civil code expressed heirs who are not French citizens as foreigners but in
Ethiopia civil code it use the term of nationality of heirs article 837.

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BY Reviewing the code we understand they have their own similarities and distinction in
different forms like provision , requirements , prohibitions and some legal principles. The deep
rooted explanation is below.

Opening of succession
In the Ethiopian code article 826 as well in the french 718 there of both of them recognize
natural death to the opening of succession however, the french one include civil death that is not
exist in the ethiopian one under 719. besides, the ethioian code prefer to specify what will be
transferred ( Rights and obligation with exception ) .
Not only this, the ethiopianc.c code emphasis which things making up inheritance and which one
not under 827 and 828. Also enshrined types of succession( 829).
Both of the codes offer the immediate transfer of property to ascertain continuty nature of
ownership.
But more of the ethiopian code seemingly by best clarifying Avoid ambigiousness the article
even tell us the geographical location. Also the french code simplicity sense and broader
language make it flexible but tend to multi -juridical estate .
While the ethiopian code more reliance on local jurisdiction.
Furthermore, the ethiopian code follow the civil code tradition the french one follow the
napolionic tradition and focuse on universal succession.

Capacity to succeed
Ethiopian civil code 830 to be a successor being unworthy and survived the deceased is
unquestioned requirement and the french code of article 725 and 727 emphasis this .
Both of them give comprehensive consideration and value-driven approach. Here is a detail
830 of the ethiopian code provide a requirement to seccessed by survival and un worthiness also
the french code 725 state the existence of heirs should be fulfilled also in the article 727 of the
code has clarified who is not in existence or not called survived is who is not yet conceived , the
child who has not hope to live and who is civilly dead. Also the ethiopian code also stated who is
called exist is the person who ,is exist the day of the death of the deceased , also not declared
absent by reviewing this they are more likely similar but there is no civil death in ethiopian law
also the french code not tell us at all about the absence of the heir.
Additionally, the Ethiopian law give the circumstance to the right of succession to the
concieved baby that makes it different from the french code.

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The french code specifies reciprocal rule under 726 of the code tha means the foreigner to succed
their country also give a right to the french citizens to succeed other wise they can not succeed
by this they follow fairness approach and meet international treaties. in other side , the ethiopian
one give them right in different exeption under other law of the code.

Person dying simultaneously

The ethopian 832 if the code prefer on the succession of each person estate is treated
independently. That means no inheritance between them and the inheritance of each will go to
their respective heirs. However, in the french code of article 720 the survival ship determined by
the event of circumstance, by force of age and sex. So that the french one is not provide the
fairness approach cause. But it clarify by breakdown the general conception under 721 & 722 of
the civil code if two of them under 15the eldest survives, if two of them over 60 the youngest
survive , if if one of them under 15 another over 60 the person who under 15 survive and if the
two of them between 15 &60 if they are the same sex the younger survives. If they are not the
same sex the male survive if the age difference less-than or equal to 1 years. They presumed the
youngest person is more healthier and more likely to survive. For under 15 the oldest is more
strong to survive.
Article 833 of the ethiopian code allow representation to the person who died after the opening
of succession but in the french code between 718 & 730 not specified about representation.
Article 835. The Code allows corporate bodies and property with a particular purpose to receive
legacies.
Article 836: It makes no difference whether an heir is legitimate or illegitimate when it comes to
inheritance. Adopted children receive the same treatment as biological children.
Article 837. The sex, age, and country of an heir have no bearing on their inheritance rights. This
give more emphasize for modernize concept and fairness approach which is not bias by age
status and sex different from the french one .

Unworthiness of the heirs

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Both of the two codes prevent an heir from succession who is reponsibe to the cause of the death
or kill him also accused him for the which has capital punishment. But the ethiopian code is
different because of follow detailed approach by specified who is harmed and the time
framework (for the crimes with in 10 years ) for the unworthiness to apply however, the french
code more likely focused on more general concept.
By assessing the Ethiopian civil code from 826 up to 841we can not find the which tell us about
exclusion from inheritance because of failure to report the deseased murder but the french one
more clarifying regarding to this under article 727 3d of the code who fail to report the murderer
exclude from inheritance. And shall not affect his closed one by his failure under 728. also
include the point which is not exist is the unworthy hair must be return the fruit which he
received from the opening of such inheritance.
Besides, in the ethiopian code the person is unworthy if he use fraud or will manipulation again
the french one not specified.
If the deceased knew the circumstance of the crime of his heirs he can pardon them he did not
give his pardon they would be unworthy but the french code not express this .
Article 725:To inherit, a person must be alive.
Unworthy heirs: unconceived, unborn children unlikely to survive, or those civilly dead however,
the ethiopian code give excepthion for mereleyconcieved child under 834 of the code
Article 726: Foreigners can inherit in France only if French citizens can inherit in their country.
Under By another paralence it is reciproca rule but ethiopian law give them right by an
excepthion under under law of the code

Post death crimes

Both system focus on crimes committed before the death of the deceased.
The Ethiopian code clearly specified if the crime is occur after the death of the deceased do not
result unworthiness while the french one did not enshrined or address the issue directly.
Another concept The french code state that under 723 & 724 who will the successor as natural
children also his ascendants if they are the state will be.
Also 730 of the code specify simply the fault of the father not transfer to the child

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 Historical background of the two laws
The french civil code
The Napoleonic Code, established in 1804, had a significant impact on civil law systems globally
by replacing the disorganized legal framework of pre-revolutionary France, while upholding the
ideals of liberty, equal treatment under the law (though not equally for women as for men), and
the separation of religion from state affairs. In the aftermath of the French Revolution of 1789, it
was essential to reform France’s current legal framework. The revolutionary ideals of liberty,
equality, and fraternity clashed with the existing laws. Before the revolution, France lacked a
harmonized legal system. Different regions operated under their own laws, and many of these
laws were not recorded, resulting in challenges in consistently applying the law fairly. The
revolution called for a new, comprehensive legal framework that was meticulously documented
and impartially applied to everyone. . While not being the initial civil code, the Napoleonic Code
held the most significant influence. Attempts to codify laws had been made in Austria and
Prussia during the mid-to-late 1700s. Prior to the Napoleonic Code, France had made attempts at
codification without much success. However, it was under the authority of Napoleon Bonaparte,
who took control of the French government in 1799 and declared himself emperor in 1804, that
the task was ultimately completed. The civil code was implemented partially due to his strong
determination and expert political intelligence. In 1800, Napoleon selected a group of four
skilled legal experts( Portalis (1746-1807), a lawyer from the South of France Tronchet (1726-
1806), Louis XIV’s lawyer Maleville (1741-1824), a judge Bigot de Préameneu (1747-1825), a
lawyer )to reconsider French legislation. They drafted the civil code in just four months. During
the years 1801 to 1803, Napoleon played a key role in advancing the newly created code. Thirty-
six distinct statutes, or formal written laws approved by the legislature, were enacted as a result.
In the following year, on March 21, 1804, the separate statutes were unified into a
comprehensive code. In 1807, the official renaming of the Code Napoléon occurred, known as
the Napoleonic Code, in acknowledgement of Napoleon’s pivotal role in its establishment. The
name was altered by the French in 1816 to eliminate Napoleon’s name, yet when Napoleon’s
nephew Napoleon III assumed power in 1852, the name was reinstated. Nonetheless, since 1870,
it has been commonly known as the Code Civil, or French Civil Code.

Describtion of the french succession law

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According to French law, a succession is considered to “open” upon the death of the deceased
individual (de cujus), marking the moment when the heirs are identified. At this point, the heir’s
undivided interest in the inheritance begins, and subsequently, the declarative effect of the
distribution will trace back to this moment. The succession takes effect in the decedent’s last
place of residence, which is a significant detail, as the location where the succession opens
establishes jurisdiction for all succession-related matters, whether involving co-heirs or their
relationships with legatees or creditors. Establishing the precise time at which a succession opens
is significant for two reasons. First, this moment determines who is eligible to inherit.This rule is
not applicable in two exceptional cases: when real actions occur in the court responsible for real
property, and when claims from creditors after the distribution are governed by the principle
“Actor sequitur formumrei.” Therefore, the appropriate jurisdiction is determined by the place of
residence of each heir involved. The same principle applies to claims made against a single heir
at any time, as he is in a position similar to that of co-heirs following the distribution. Succession
can occur either (a) through legal provisions when the deceased (de cujus) passes away without a
will or (b) according to a will that meets the legal requirements of the de cujus. Intestate
succession is primarily based on familial or blood relationships (such as a parent). These
relationships can be traced either through direct lineage or collateral lines. When it comes to
acquiring possession of the deceased’s property to which the heirs are entitled, it can be
categorized into two groups. The right to possession is determined by the principle of “La
Saisine,” which grants an heir the immediate ability to take possession of the deceased’s assets
without the need for prior formalities and entails the obligation of unlimited liability. The second
category applies to those successors who do not possess la saisine.
The Ethiopian civil code
His Imperial Majesty Haile Selassie I decided in 1954 to provide Ethiopia With codes. Three
advisors, two Frenchmen and a Swiss, were appointed and a codification commission formed to
prepare five codes, as had been done in the Napoleonic codification.
The civil code of Ethiopia was one of the codes highly influenced by the continental European
model. The Ethiopian civil code was to a large extent modeled on the French Code, and in this
manner the French code had a direct influence on the Ethiopian civil code. The Ethiopian civil
code was first drafted in French language and translated to English and then to Amharic
language. Many concepts, traditions and meanings in the civil code have their root in French
language. At the point of codification, Ethiopian law was disorganized and frequently difficult to
access. It varied from one region to another. There were no legal codes, very limited statutes, no
system for reporting cases, and a scarcity of legal treatises. The goal of the Ethiopian Civil Code
was to articulate, systematise & blend Ethiopian customary and religious norms and Enactments
with modern civil law jurisprudence so as to be used as a means not only For regulation purpose
but also as a means for guiding social development. Drafting the Civil Code was entrusted to

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René David, a professor of Comparative Law at the University of Paris. David based his work on
the Code Napoleon and other codes of civil Law countries such as the civil codes of Switzerland,
Greece, Egypt, Iran, Portugal, Israel, Turkey, Quebec and the Philippines, as well as The contract
laws of Great Britain, the United States and India.
The primary achievement of the civil code concerning matters of persons, family law, property,
and delictual liability was primarily to clarify rather than to alter the traditional laws, capturing
their core essence and unifying them on the foundations of those deemed most reasonable. The
aim was to eliminate the unbearable confusion and uncertainty by selecting the rule that aligned
most closely with the Ethiopian sense of justice and the nation’s economic interests.
The significance of western influence is notably greater and, in certain instances, even sole in
sections of the Civil Code where Ethiopian customs offered no guidance. This is particularly
evident in the majority of Books IV and V of the Civil Code (Obligations in General and Special
Contracts) and in the chapter on Registers of Immovable Property and Literary and Artistic
Property in Book III (goods). In these areas, it is not merely a matter of adopting techniques,
systems, and directives for future growth from the west. Entire components of western law have
been integrated into Ethiopian law.
The reason for the introducton of succession law in ethiopia
According to Ethiopian law, the succession law was established to allow individuals who die or
are declared absent to transfer their rights and obligations to another person. Succession is
classified into two categories: testate and intestate. In the process of succession, two key
elements are essential: liquidation and the issuance of a certificate of heir.
Asses the strength and weakness of each laws, consider their effectivenes in achieving
their intended goal, their clarity, enforceability and any potentials gap or ambiguity?
Any law have their own strength and weaknes. See the above two laws (Ethiopia and French
civil code )in respect to succession.
Strength of Ethiopia succession law from Article (826-841):It clearly separate the main idea from
the statement which means almost all articles are written by clear or systematic way and have a
structure.
Most of the time those articles also implemented in the real world and it is enforceable.When we
see generally almost all provisions are alse clearly expressed.
Its weaknes : Absence of applicability of some provisions forexample Article( 834), most of the
time this provision is not apply in many areas in Ethiopia. It express about conceived child have
the right of succession, there is no any evidence to the viability of the child so there is a
provision with out enforcement. It is not always effective.
Strength of French civil code with respect to succession :

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It round some grounds about the successor when both the testator and successors are perished
together (simultaneously death). This is more effective than Ethiopia succession law.
Weakness :
There is no clear structure,so it is difficult to understand forthe community.
There is an ambiguous manner on classification of death (civil and natural) no expression.
Finally there is a gap between the two laws :like Ethiopia civi law not classified deaths but in
French have classification.
Both of them are different provision about the right of foriener to succeed some one, in Ethiopia
nationality of the heir is not affect in any way to succeed . In French the right of the succession
of the foreigner also permitted with in a certain circumstances.

Contemporary status of the two laws

√. Ethiopia's inheritance laws have changed in several ways including:

• Gender - friendly legislation - Ethiopia has raised legislation that aims to improve women's
inheritance and property rights. This includes a revised family law, a gender friendly
constitution, and a new land use federal legislation.
• Awareness of inheritance laws has led to more family members claiming their right to share of
the family property. This led to more inheritance induced.
• Adopted children - The Revised Family code proclamation No. 213/2000 regulates the
relationship between adopted children and their families of origin and adoption. Adopted
children are considered the child of the adopter for all purposes, including inheritance, however,
they retain their bond with their family of orign.
• Illegitimate children - Ethiopian laws do not differentiate between the children born in or out
of wedlock. Children born out of wedlock have the same rights as children born in wedlock.
√. In Ethiopia civil code which enact in 1960 governs intestate succession. This code amended
several times, most recently in 2009 so, it have changes but the main point for intestate
succession the deceased children are first in line to inherit, and each child receives an equal share
it address socio economic changes and to address issues with previous legal frameworks. There
are also rights revised for marginalized groups, which may help to reduce inheritance disputes.

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√ . In French status there is a change called the droit deprelevementcompensatoire ( DPC) and is
applicable to estates where DPC applies deceased or at least one of their children is a national of
European union state or has their habitual residence there and foreign succession law do not have
a mechanism to protect children.
√. The law states that children entitle to a percentage of the deceased's state,and the remaining
portion can be left to others. If their is no children, grandchildren or spouse, the line of
succession continues to parents, siblings, nephew, nieces, grandparents, uncle's, aunt's, and
cousin's are entitled for the intestate succession.
• Policy and legal recommendations for the Ethiopian intestate inheritance laws.
√ Intestate succession or the process of distribution property to heirs when there is no will,
governed by a set of rules that determine who inherits and how much they inherit and how much
they inherit the order in which property is distributed is usually based on the legal relationship
between the heir and the deceased, with colser relatives receiving a large share.
√. Heirs are some general rules of intestate succession. If the deceased have surviving children
they inherit the estate in equal shares. Adopted children are treated the same as biological
children. If the deceased has no survival children their parents inherit the estate in equal share. If
the deceased has no surviving children or parents, their siblings in herit the estate equal share. If
siblings are not survive nices and nephews, or grand parents, inherit in equal share. If the
deceased has no surviving relatives the estate goes to the state. This is called escheatment but it's
rare because personal representatives have time to locate heirs.
√. The only way to be certain who inherits intestate succession is the designation of heirs by the
law as we write in the above so, the legislature formulates these policy deponding on the
intention of the deseased and the blood relationship and affection between heirs and deceased are
the major concern in determining heirs and legates in the testate inheritance.
√. If you die with out a will, the rules of intestacy determined how your estate is distributed.
Here there are legal recommendations for intestate succession .
• Consulting a lawyer they help to understand the rules of intestacy.
• Consider the line of succession it can be complex especially in mixed families or if there are
estranged family member, the most likely heirs are the surviving spouse direct descendants,
parents, siblings and so on.
• Be aware of birth and death certificates if a parent does not appear on your birth certificate you
may need a DNA test to make an inheritance claim. Tempered birth and death certificates make it
difficult to determine the correct line of succession.
• Consider property deeds property conveyed with a deed doesn't go through probate court. How
the property is transferred depends on the type of deed used.

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 Conclusion
Ethiopian & French civil codes have similarity & difference .French civil code was
incorporated 2281 articles with title of six & three books include provisions on
marriage, divorce, paternal power, property and etc made feudal laws to be
abolished. Ethiopia civil code include civil issues with relation to customary &
religious laws promulgated in 1960.French civil code from article 718-739 &
Ethiopia civil code from article 826-841focuses on succession.
Ethiopian & French civil codes have similarities on succession requirements such
as qualities of heirs, opening of succession, unworthiness of heirs but they have
some differences on terminology of title like simultaneous death used in Ethiopian
civil code & the term perished use in French civil code instead of simultaneous
death.
Ethiopia civil code has strength & weakness, its strength is that it tries to include &
classify codes in precise way, it weakness is that it failed to know the intention of
society on the bases of code because it mostly has western mindset & it made it to
be unknown by citizens.
Both codes had legal recommendation for intestate inheritance which is devolving
property for heirs at law & in the absence of heirs it go to ascendant of the
deceased in the absence of ascendant & descendant in devolved to state in the case
of French civil code but in the case of Ethiopian civil code in the absence of
ascendants &descendants it go beyond to grand grand parents which is to the
fourth relation of the deceased.

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