Chapter 2. Betrothal
Art. 560.- Definition.
(1) A contract of betrothal is a contract whereby two members of two families agree that a marriage shall take place between two persons, the finance and the finance, belonging to these two families.
(2) Betrothal shall be of no effect unless the family of each of the future spouses consent thereto.
Art. 561.- Simple promise of marriage.
(1) A simple promise of marriage, exchanged between two persons, shall not constitute a betrothal.
(2) The breach of such promise may give rise to damages in cases of fault in accordance with the provisions of the Title of this Code relating to “Extra-contractual liability and unlawful enrichment”.
Art. 562.- Representative of the family.1-. First marriage.
For the spouse who contracts a first marriage, the following persons shall be deemed to be the representative of the family:
(a) the father of such spouse:
(b) in the default or if he is not in a position to give his consent, the mother;
(c) in her default or if she is not in a position to give his consent, an elder brother or a paternal or maternal uncle.
Art. 563.- 2. Subsequent marriage.
Any of the persons mentioned in Art. 562 may consent to the betrothal in his capacity as representative of the family, when it is contracted by a person who has been previously married.
Art. 564.- 3. Absence of legal representative.
(1) Where either of the future spouses has no ascendants, elder brother or paternal or maternal uncle who may represent the family, he may appoint a person to act as representative of his family, he may appoint a person to act as representative of his family for his betrothal.
(2) The same shall apply to future spouses, where the finance is more than thirty years of age or the fiancée is more than twenty-five years of age.
Art. 565.- Consent of betrothed couple.
Betrothal shall be of no effect unless both future spouses consent thereto.
Art. 566.- Existence of obstacle to marriage.
(1) Betrothal shall be of no effect unless there is no legal obstacle to thee marriage of the future spouses.
(2) In particular, it shall be of no effect until both future spouses attain the marriageable age required by law.
Art. 567.- Form of betrothal.
The form of betrothal shall be regulated by the usage of the place where it is celebrated.
Art. 568.- Witnesses.
(1) A contract of betrothal shall be of no effect unless it is made in the presence of two witnesses for the future bridegroom and two witnesses for the future birds.
(2) One of the witnesses for the bridegroom and one of the witnesses for the bride may have the character of principal witness.
Art. 569.- Proof to betrothal.
(1) Betrothal need not be entered in the registers of civil status.
(2) It may be proved by all means of evidence.
Art. 570.- Duration of betrothal.
If, at thee time of the betrothal, no period has been agreed upon for the celebration of the marriage, the marriage shall take place within six months from either of the future spouses or the authorized representative of their family having expressed his or her wish that the marriage be celebrated.
Art. 571.- Breach of betrothal.
(1) Betrothal shall be broken if either of the future spouses of another person who had consented thereto, refuse to consent to the marriage, without a good cause justifying his delay or his refusal.
(2) It shall also be broken if either of the future spouses or a person who has given his consent to the betrothal, behaves in such a way that the marriage is rendered, in fact or morally, impossible.
Art. 572.- Effects of breach.- 1. Expenses and restitution.
(1) The person who is responsible for the breach of betrothal shall pay all the expenses incurred in connection with the betrothal.
(2) Presents received on the occasion of the betrothal shall be returned by the person who is responsible for the breach as well as by the members of his family.
Art. 573.- 2. Moral prejudice.
(1) A reasonable compensation may be awarded to the finance or the fiancée who is not responsible for the breach, or to his or her family, in compensation of the moral prejudice cased by the breach of betrothal.
(2) In establishing the amount of the indemnity and who is qualified for requiring it, the court shall have regard to local custom.
(3) The indemnity awarded in compensation of moral prejudice may not exceed one thousand Ethiopia dollars.
Art. 574.- 3. Penalty,
(1) If a penalty clause has been attached to the betrothal, the person responsible for the breach of the betrothal shall pay the agreed amount.
(2) Such amount may be reduced having regard to the circumstances of the case.
(3) It may be reduced where it appears that it is manifestly exaggerated.
Art. 575.- Opposition of ascendants.
(1) A breach of betrothal shall give rise to no liability where an ascendant of one of the future spouses has not expressly consented to the betrothal and apposes to the marriage.
(2) The presents received by both parties shall then be returned.
Art. 576.- Limitation.
All actions based on breach of betrothal shall be barred if not instituted within one year from the day when the betrothal has been broken.
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