Civil Code > TITLE IX. COLLECTIVE EXPLOITATION OF PROPERTY 3

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Chapter 2. Agricultural communities

Art. 1489.- Principle.

Land owned by an agricultural community such as a village or tribe shall be exploited collectively whenever such mode of exploitation conforms to the tradition and custom of the community concerned.

Art. 1490.- Codification of custom.

The Ministry of Interior shall take steps to ensure that every community draws up a charter detailing the custom of such community and, where appropriate, the supplementary provisions to give effect thereto.

Art. 1491.- Contents of charter.

The charter shall specify in particular:

(a) the persons or families composing the community: and

(b) the land to which the rights of the community extend; and

(d) the manner in which the land or other resources of the community are allotted and exploited; and

(e) the conditions on which the charter may be amended.

Art. 1492.- Discriminations prohibited.

Any provision or custom creating between the members of a community discriminations based on race, religion or social condition shall be of no effect.

Art. 1493.- Land inalienable.

(1) Land owned by an agricultural community may not be acquired by usucaption.

(2) Notwithstanding any custom to the contrary, a community may not alienate or mortgage its land nor charge it with an antichresis except with the written permission of the Ministry of Interior.

Art. 1494.- Duties and representation of the community.

(1) The community may enter into agreements through its authorized representative.

(2) It may in the same manner sue or be sued.

(3) The provisions of the Title of this Code relating to “Extra-contractual liability and Unlawful enrichment” (Art. 2027-2178) shall apply to agricultural communities on the same conditions as they apply to associations.

Art. 1495.- Rights of creditors.

(1) The creditors of the community may attach such movables belonging to the community as are not necessary for the exploitation of the land or the maintenance of the members of the community.

(2) They may not attach other property except with the written permission of the Ministry of Interior.

Art. 1496.- Exploitation of land. -1. Principle.

The mode of exploitation of land owned by a community shall be prescribed by the charter or, failing such, by custom.

Art. 1497.- 2. Modalities.

(1) There shall be specified whether the land may be divided into plots allotted for the exclusive use of the members of the community or whether the land shall be exploited collectively.

(2) Three shall be specified the respective rights of the community and the members thereof on the land owned by the community.

(3) There shall be specified the time when and conditions on which a decision allotting parcels of land to members may be revised.

Art. 1498.- Revision of custom.

(1) The Ministry of Interior shall, as circumstances shall permit, encourage the revision of the custom of communities, so as to ensure the economic progress of such communities and the implementation of the principles of justice and morality enshrined in the Ethiopian Constitution.

(2) Any custom or provision whereby the custom or some usages of the community may not be revised or may be revised on unreasonable conditions only shall be of no effect.

Art. 1499.- Appeal.

Any interested party or the public prosecutor may appeal to the court against any decision taken by a community where such decision:

(1) is contrary to the provisions of the Ethiopian Constitution, the mandatory provisions of this Code or other Ethiopian laws; or

(2) has been taken by the authorized representatives of the community in excess of their powers or in violation of fundamental rules of procedure or justice.

Art. 1500.- Public order.

Any custom or provision excluding the right of appeal referred to in Art. 1499 or subjecting the exercise of such right to unreasonable conditions shall be of no effect.

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