Chapter 5. Effects of Marriage.
Section 1.General rules
Art. 625.- Various forms of marriage equivalent.
(1) Marriage produces the same legal effects, whatever the form according to which it has been celebrated.
(2) No distinction shall be made as to whether the marriage has been celebrated before an officer of civil status or according to the forms prescribed by religion or custom.
Art. 626.- Consummation of marriage.
The effect of marriage shall in no way depend on the real or presumed consummation of the marriage.
Art. 627.- Contract of marriage.
(1) The spouses may, before their marriage, regulate by a contract of marriage the pecuniary effects of their union.
(2) They may also specify in such contract their reciprocal rights and obligations in matters concerning their personal relations.
(3) Nothing in this Article shall affect the mandatory provisions of the law.
Art. 628.- Incapacity of a spouse.
(1) The consent of the minor and of the tutor shall be required for making the contract of marriage of a minor.
(2) The contract of marriage of a judicially interdicted person shall be of no effect unless it is entered into by the interdicted person himself and approved by the court.
(3) As regards the making of a contract of marriage, a person interdicted by law shall be subject to no incapacity.
Art 629.- From of contract.
A contract of marriage shall be of no effect unless made in writing and witnessed by four witnesses, two for the husband and two for the wife .
Art. 630.-Depsit of contract.
(1) A copy of the contract of marriage shall be deposited in the registry of the court or with a notary.
(2) It may be freely consulted thereby any one of the spouses or by any person authorized for this purpose by the spouses or by the court.
Art. 631.- Restrictions to freedom of contracting.
(1) A contract of marriage may not impose and obligation upon third parties nor derogate any mandatory provisions of law.
Art. 631.- Restrictions to freedom of contacting.
(1) A contract of marriage may not impose an obligation upon third parties nor derogate nay mandatory provisions of law.
(2) It may not refer purely and simply to local custom.
Art. 632.- Modifications to contract of marriage.
(1) The family arbitrators may, at the request of both spouses, modify the terms of the contact of marriage.
(2) The arbitrators may, at the request of one of the spouse only ,modify such terms if the interest of the family so requires.
(3) A copy of the modifications made shall be deposited in the registry of the court or with a notary.
Art. 633.- Contracts between spouses.
(1) Contracts made between spouses during marriage shall be of no effect under the law, unless they above been approved by the family arbitrators or by the court.
(2) Nothing in this Article shall affect the specific provisions of this Code relating to contracts.
Art. 634.- Legal regime.
Where there is no contract or the provisions of the contract of marriages or of the contract made between the spouses are not valid, the following provisions shall apply.
Section 2. Personal effects of marriage
Art. 63.- Head of the family.
(1) The husband is the head of the family.
(2) Unless otherwise expressly provide by this Code, the wife owes him obedience in all lawful things which the orders.
Art. 636.- Respect, support and assistance.
(1) The spouses owe each other respect, support and assistance.
(2) The contract of marriage may not derogate such rule.
Art. 637.- Management of family. – 1. General case.
(1) The spouses shall co-operate, under the guidance of the husband, in the interest of the family, to ensure the moral and material direction of the family, to bring up the children and to prepares for their establishment.
(2) The undertakings made by the spouses in this regard in the contract of marriage shall be given effect to.
Art. 638.- 2. Impediment of one spouse.
(1) Where one of the spouses is under a disability, absent or condemned for abandoning his family, the other shall carry out the duties mentioned in Art. 637.-
(2) The same shall apply where one of the spouses voluntarily abandous life in common or is not in a state of manifesting his will by reason of his being away or for any other cases.
(3) Any provision to the contrary in the contract of marriage shall be of no effect.
Art. 639.- Children of previous marriage.
(1) Each of the spouses shall retain an exclusive right of decision is maters concerning the education of the children whom he had before the marriage.
(2) Any agreement to the contrary shall be of no effect.
Art. 640.- Cohabitation.
(1) The spouses are bound to live together.
(2) They shall have with one another the sexual relations normal in marriage, unless these relations involve a risk of seriously prejudicing their health.
(3) Any agreement to the contrary shall be of no effect.
Art. 641.- Establishment of residence.
(1) The common residence shall be chosen by the husband.
(2) Where there residence is established by the husband in a manner which ins manifestly abusive or contrary to the agreements in the contract of marriage, the wife may appeal to the family arbitrators against the decision of he husband.
Art. 642.- Separation by agreement.
Section 3. Pecuniary effects of marriage
Art. 647- Personal property of spouses.- 1. Property not acquired by onerous title.
The property which the spouses posses on the day of their marriage or which they acquire after their marriage by succession or donation shall remain their personal property.
Art. 648.- 2. Property acquired by onerous title.
(1) Property acquired by an onerous title by one of the spouses during marriage shall also be personal property of such spouse where such acquisition has been made by exchange for property owned personally or with monies owned personally or deriving from the alienation of property owned personally.
(2) The provisions of sub-art. (1) shall not apply unless the family arbitrators, at the request of one of the spouses, have decided that the property thus acquired shall be owned personally by such spouse.
Art. 649.- A administration of personal property. – 1. Principle.
(1) Each spouse shall administer his personal property and receive the income thereof.
(2) He may freely dispose of his property.
Art. 650.- 2. Contract of marriage.
(1) It may be agreed in the contract of marriage that one of the spouses shall administer the property or certain property of the other spouses shall administer the property of certain property of the other spouse and that he may dispose of such property.
(2) Unless otherwise agreed, an annual statement of accounts of the management may in such case be required by the spouse who has not the administration of his property.
Art. 651.- 3. Agency.
One of the spouses may freely entrust to his spouse the administration of his property or some of this personal property.
Art. 652.- Common property.
(1) The salaries and the income of the spouses shall be common property.
(2) All property acquired by the spouses during marriage by an onerous title and which has not been declared by the family arbitration to be personal property shall be common.
(3) Property donated or bequeathed conjointly to the two spouses shall be common, unless otherwise stipulated in the act donation or will.
Art. 653.- Presumption.
(1) All property shall be deemed to be common unless one of the spouses proves that he is the sole owner thereof.
(2) The fact that certain property is personal may not be set up by the spouses against a third person unless the latter knew or should have known such fact.
Art. 654.- Salaries and income . – 1. Normal management.
(1) Each spouse shall receive his earnings and salaries.
(2) Each spouse may have a bank account wherein to deposit his earnings and salaries and the income from his personal property.
(3) He shall, at the request of the other spouse, render an account to the latter of the salaries and income received by him.
Art. 655.- 2. Rights of spouse.
(1) A spouse may freely give to the other spouse a mandate to receive the salaries and income which are due to him.
(2) The family arbitrators may at the request of one spouse, authorize such spouse to receive the salaries and income of the other spouse and to give receipt therefore.
(3) They may also authorize a spouse to attach the salary or income of the other spouse in whole or in part in the hands of the person by whom it is due.
Art. 656.- Administration of common property.
(1) Common property other than the earnings, salaries and income of the wife, shall be administrated by the husband.
(2) Nothing in this Article shall affect the provisions of Art. 638.
(3) The family arbitrators may, at the request of the wife, entrusts to her, in the interest pf the family, the administration of the common property or certain common property.
Art. 657.- Duty to give notice.
The spouse who performs an act the management in respect of common property shall without delay inform the other spouse thereof.
Art. 658.- Restriction of powers.
The agreement of both spouses shall be required for:
(a) alienating a common immovable;
(b) alienating a common movable the value of which exceeds five hundred Ethiopian dollars, or securities registered in the name of both spouses;
(c) contracting a loan exceeding one thousand Ethiopian dollars;
(d) making a donation exceeding one hundred Ethiopian dollars or standing surety for a debt of a third party in an amount exceeding one hundred Ethiopia dollars.
Art. 659.- Debts of spouses.
(1) Debts due by one spouse may be recovered on the personal property of such spouse and on common property.
(2) Debts incurred n the interest of the household shall be deemed to be joint and several debts of both spouses and may be recovered on the personal property of each spouse and on common property.
Art. 660.- Debts in the interest of household.
The following debts shall be deemed to be debts incurred in the interest of the household:
(a) debts contracted in order to ensure the livelihood of the spouses or their children:
(b) debts contracted in order to fulfill an obligation of maintenances to which the spouses or one the them is bound;
(c) other debts which are acknowledged to be such by the family arbitrators at the request of a spouse or creditor.
Art. 661.- Contribution to household expenses.
The spouses shall contribute to the household expense in proportion to their respective means.
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