Department of Construction Technology and Management

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EIABC

DEPARTMENT OF CONSTRUCTION TECHNOLOGY


AND MANAGEMENT

CONSTRUCTION LAW

CHAPTER ONE: INTRODUCTION TO LAW AND


LEGAL SYSTEMS
1. Introduction to Law
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Definition of Law
 Law is a system of rules and guidelines, usually enforced through a
set of institutions. It shapes politics, economics and society in
numerous ways and serves as a social mediator of relations between
people.

 The Law is, a set of general statements aimed at regulating choices


in possible human behavior that is defined or recognized, publicized
and sanctioned or rewarded by the State.

 The Law generally performs its regulatory function by demanding


its subjects/citizen to do something ( permissive) or by ordering not
to do something ( prohibitive )
 Legal sanction may come into picture where deviations from the
Law in terms of the permissive or prohibitive provisions are
Nature of law
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 Law is Obligatory
 Should be abide by the subjects

 Law is established by Public Authority (eg. As opposed to company


policies)

 Law is sanctioned by a Public Force (eg as opposed to moral rules)


 Sanctions may be preventive or repressive (in criminal cases) or
compensatory (in civil cases)

 Law is Established in Permanence for an indeterminate number of


Acts or Situations
 Permanently obligatory for the time and situation
Function of Law
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 Law is a System of Social Control


It controls the relationship between the State and its Subjects (by means of
Public Law) and the relationship between the Subjects themselves (by
means of Private Law)

 Law is a Method of Dispute Settlement

this is done through the Court System.

 The Law serves as a means of Social Engineering


the Law here serves as a change catalyst i.e. as a means of introducing and
sustaining social transformation.
Sources of law
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 Custom  Legislation
 Popular (ordinary)  Constitutional;
customary law  Statutory; or
 Subordinate (Non-
 Judicial custom
(especially common Statutory)
law)
 Contractual custom
(not obligatory by
itself but used in
interpreting contracts)
Classification of law
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 Public law governs  Private law deals with


the relations  Relations “of equalities”
between persons “private” i.e.
involving the State in not representing the State or
what concerns the its agencies (the “public”
persons)
general public interest  Certain ordinary relations
 International with the “public” legal
persons themselves (ex. In
 National Administrative Contracts )
 Constitutional law  International
 Law of procurement  National
 Law of finance, etc.  Civil law
 Commercial law;
 Maritime law, etc.
Types of law
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Substantive laws Procedural laws Evidentiary laws


 Stipulate the  Concerned with  Concerned with
mechanism that is how and by what
right and or used to enforce the means things
wrong doing of substantive laws happened
a citizen  Stipulate what needs  determines the
 Are concerned to be satisfied and existence or non-
how not compliance existence of a
in articulating with the substantive disputed fact which
the ‘dos’ and laws is to be punished is going to be
the ‘don’t dos’  Civil procedural proved.
codes
 Civil codes  Criminal procedural
 Ethiopia doesn’t
 Criminal codes codes have a separate
code for it.
Interpretation of law
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WHO HOW
Doctrinal  Where is the Law Clear;
Judicial  No need to interpret
Legislative  Where is the Law Ambiguous;
 Word meaning (Context)
 Legislative (legislator's/ Contract writer’s)
intent
 Where is the Law Silent;
 Interpretation may depend on extension
 Where is the Law Contradictory;
 In such cases, hierarchy of laws may be
applied
 Where is the Law Unreasonable;
 Is there a room for a reasonable
interpretation
Hierarchy of laws
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 Constitutional Laws (The Constitution)


 Is the supreme law of the land from which other laws
emanate
 Statutory Laws (Proclamations, Decrees & Orders)
 Example proclamation /2005
 Non-statutory Laws (Regulations & Legal notice)
 Meant to further elaborate and enact up on the statutory
laws;
Directives; Guidelines; By-laws; Technical Standards, etc don’t
enjoy the status of law but can be used as supportive legal
frameworks.
2.Introduction to Legal Systems
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The two major legal systems of the world are:-


1. The Civil Law Legal System; and

2. The Common Law Legal System.


The Civil Code Legal System
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 In the Civil Law Legal System:


 The Law is enacted & repealed by the Law Maker or the Legislator or by
the Parliament;
 There is a classification of Laws in to Public Law & Private Law;

 There is a codification of Laws;

 The sources of Law under this system, according to their importance or


priority are:
 Legislation or Statute;

 Custom;

 International Conventions and Treaties;

 Legal authoritative writing;

 Creative role of the judge ( in interpreting and applying Laws);

 Judicial decisions;
The Civil Code Legal System
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 According to the Civil Law Legal System, Laws that are relevant to the
Construction are:-
 Under Public Law
 Finance Law;
 Procurement Law;
 Law of Taxation;
 Construction related Laws;
 Environmental Law;
 Other relevant Public Laws;
 Under Private Law
 Civil Law ( Contract & Extra-Contractual Liability Law)
 Commercial Law;
 Relevant Regulations;
 Other Relevant Laws;
The Common Law Legal System
 The Common Law legal system is defined as the body of legal
principles and rules of action that derive their authority solely
from a society’s usages and customs or from the judgments and
decrees of the courts.

 The main distinguishing features of the Common Law Legal


System are:-
 The main Law maker is the court judge and not the legislator;

 There is no classification of Laws in to Public and Private


Law;
 There is no codification of Laws;

 There is a jury trial system;


The Common Law Legal System
 Sources of Law under the Common Law Legal System, according to
their importance and priority, are:-
 Judicial decisions;

 Equity;

 Legislation or Statute Law;

 Regulations & delegated or subordinate legislations;

 International Treaties;

 Custom;

 Laws that are relevant for Construction are:-


 Common Law( Contract & Tort);

 Equity;

 Legislations (Statutes & Regulations);


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What would the Ethiopian legal system be??


Ethiopian Legal System
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 Ethiopia follows the Civil Law Legal System;


 The main source of Law is Legislation enacted by the
Legislative Body and not the Judge or Judicial Decision.
 There is a clear classification of Laws in to Public Law &
Private Law;
 There is a Codification of Laws as it is evident from the Civil
Code, the Commercial Code, the Criminal Code, the Maritime
Code, the Civil Procedure Code & the Criminal Procedure Code.
Ethiopian Legal System
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The lawmakers The law interpreters The law enforcers


(legislative) (Judiciary) (Executive)

Division of power in
the Constitution

Legislative Interpretation
Constitutional laws (The House of Federation, The executives
the Parliament)

The parliament
Statutory laws Judiciary Interpretation
Citizens
(proclamations) (The Courts)

Bodies designated by the


Doctrinal Interpretation
parliament
(Legal scholars in critical
Non statutory (subsidiary)
analysis)
laws (regulations)
Ethiopian legal system
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 The following depicts the legal framework of Ethiopia.


 The constitutional framework;
 The statutory legal framework;
 The non-statutory legal framework;
 Other supportive (administrative or technical) instruments to the legal
framework both to the statutory & non-statutory framework) by way of:
 Directives;
 Guidelines;
 By-laws;
 Technical Standards, if any;
 Other instruments, if any;
Key notes in legal system
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 Ignorance of the law is not an excuse

 Legal supremacy (the rule of the law must be respected by all the
scope applies to)

 Scope of application of law may vary based on:


 (Natural or legal) Persons, time, subject matter, territory

 Order of precedence:
 PosteriorLaw prevails over prior Law;
 Special Law prevails over general Law;
 A lower Law may not contradict one of higher rank;

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Thank you!!

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