Family Code > CHAPTER TWELVE MINORS 3

Section 3. Powers of the Guardian and of the Tutor

Sub-Section 1. - Care of the Person of the Minor.

Article 255. - Guardian may seek Assistance from Government Institutions.

The guardian of the minor may seed assistance from pertinent governmental institutions in order to Carry out the powers vested in him under the following Articles.

Article 256. - Residence of the Minor.

1) The guardian shall fix the place where the minor is to reside.

2) The minor may not abandon such place without the authorization of the guardian.

3) If the minor goes away from his residence without authorization, of the guardian

Article 257. - Health of the Minor.

1) The guardian shall watch over the health of the minor.

2) In Case of sickness of the minor, the guardian shall take the necessary measures for his recovery.

Article 258. - Up bringing of the Minor.

1) The guardian shall direct the up bringing of the minor.

2) The guardian may take the necessary disciplinary measures for the purpose of ensuring his up bringing .

Article 259. - Social Contacts.

1) The guardian shall direct and supervise the social contacts of the minor.

2) The guardian may not, except for good cause, prohibit the minor from seeing his ascendants or from corresponding with them.

Article 260. - General and Professional Education .

The guardian shall ensure that the minor be given general education or professional training commensurate with the age and abilities .

Article 261. - Income of Minor (1) Principle.

(1) The guardian shall receive the income of the minor and use it in interested of the latter.

(2) He shall not be bound to render an account of such use.

Article 262. – (2) Considerable Income.

(1) Where the income of the minor is considerable and the guardian is neither the father nor the mother of the minor, the provisions of Article 261 (2) may be set aside by the court.

(2) In such case, the court shall fix the amount of money and the time of its payment to the guardian for the maintenance and education of the minor.

(3) The balance of the income of the minor shall remain in the hands of the tutor to be invested by the latter.

Article 263. - (3) Income derived from Work of the Minor.

(1) Where the minor is above fourteen years of age, he shall receive the income deriving from his work.

(2) He shall freely dispose of such income in accordance with this law, after making contribution to his own maintenance.

Article 264. - (4) Property Donated or Bequeathed.

1) The person who donates or bequeaths property to a minor may order that the income from such property shall not, during the minority of the child, be received and used by the guardian.

2) The provisions laid down in the contract of donation or in the Will concerning the administration and use of such income shall be complied with.

Article 265. - Income not Due.

The income of the minor which is not yet due shall not be the subject of a obligation undertaken by the guardian.

Article 266. - Authority of Parents.

1) Where the father and mother of the child are both vested with the functions of guardianship, they shall carry out such functions in consultation and cooperation with each other.

2) In case of disagreement between the father and the mother and where such disagreement is not solved privately by themselves or through arbitration, the court shall decide in the best interest of the child on the application of either of them.

3) Without prejudice to the provisions of Sub-Art. (2) of this Article, appeal shall lie against the decision of the father and the mother in their capacity as guardians of the minor

Article 267. - Separation of Parents.

Where the function of guardian is exercised by a single parent only due to separation of parents, the other parent who is not exercising the function of guardian, the minor’s ascendants, or one of his brothers or sisters who has attained majority may apply to the court against the decision taken by the guardian.

Article 268. - where the Guardian is not the Parent.

Where the functions of guardian are exercised by a person other than the father or the mother, one of the parents, any interested person or the public prosecutor may apply to the court against the decision taken by the guardian regarding the up bringing of the child.

Sub-Section 2. - Administration of the Property of the Minor.

Article 269. - Principle.

1) The minor shall be represented by his tutor concerning his property and his pecuniary interests.

2) The tutor shall take the utmost care concerning the pecuniary interests of the minor and the administration of his property.

Article 270. - Inventory and Valuation of Property (1) After the Tutor Assumes his Functions.

1) Within two months from assuming his functions, the tutor shall proceed to draw up an inventory of and value, the property of the minor in the presence of three witnesses.

2) Where the minor owes him anything he shall state it in the inventory under pain of losing his right thereto.

Article 271. – (2) Succession Devolving on the Minor.

1) Where a succession devolves on the minor, the tutor, before accepting such succession on behalf of the minor, shall cause an inventory therefore to be prepared in the presence of three witnesses, which shall specify the value of the succession.

2) Where anything is due to him from such succession. Be shall state it in the inventory, under pain of losing this right thereto.

3) The tutor shall be liable to the minor for any damage arising from the absence of an inventory.

Article 272. - Property of Tutor Merged with that of the Minor.

1) The tutor shall take the necessary caution so that the property of the minor is not mixed with that of his own property.

2) In particular, he may not deposit or cause to be deposited, in his personal bank account, monies belonging to the minor.

Article 273. - Securities and Articles of Values to be Deposited in a Safe Place.

Securities, articles of value, important documents and other similar things shall be deposited by the tutor in a safe place if no inconvenience for the administration of the property of the minor results therefrom.

Article 274. - Power of the Court.

1) Where the tutor is not the father or mother of the child, one of the ascendants, or one of the minor’s brothers or sisters who has attained majority may apply to the court to give instruction to the tutor concerning the management of the property of the minor.

2) The court shall, after considering the nature of the property of the minor, the ability of the tutor, and the interest of the minor, give instruction it thinks appropriate concerning the management of the property.

Article 275. - Property Transferred to the Minor by Donation or Succession.

1) A person, who donates property to a minor of from whose succession a minor inherits property, may order that the tutor shall follow certain appropriate rules in the administration of such property.

2) Where it subsequently appears that the observance of such rules in impossible or prejudicial to the interests of the minor, the tutor may apply to the court to vary them.

Article 276. - Commercial or other Enterprises

1) Where commercial, industrial or other enterprise from part of the estate of the minor, the court shall, on the application of one of the ascendants or brothers or sisters of the child who has attained majority, instruct a tutor, who is not the father or mother of the child, whether he should liquidate such enterprises or keep them going.

2) When giving such order, the court shall have regard to the time for which the tutorship is to last and the abilities of the tutor as well as the interests of the minor.

Article 277. - Alienation of Certain Property.

1) The tutor may alienate corporeal chattels, shares and securities belonging to the minor.

2) The court may, on the application of any interested person, give to a tutor, who is not the father or mother of the child, instructions concerning such sale, or prohibit him from effecting it.

Article 278. – Securities to bearer

1) A tutor, who is not the father or the mother of the minor, shall alienate securities to bearer, or convert them in registered securities in the name of the minor within three months after they devolve on the minor.

2) The court may exempt the tutor from the duties specified under Sub-Art. (1) upon request.

Article 279. - Debts and Claims.

1) The tutor shall pay the debts which are due by the minor from the property of the minor.

2) He shall receive the capital and income devolving on the minor and give receipt therefore to the person effecting payment.

Article 280. - Investment of Capitals (1) Duty of the Tutor.

1) The tutor shall invest monies belonging to the minor where such monies exceed five hundred Ethiopian Birr.

2) The court may vary the amount specified in Sub-Art. (1) of this Article .

Article 281. - (2) Time.

1) Monies shall be invested within three months from the time they are at the disposal of the tutor.

2) The court may vary such period.

Article 282. - Liability.

1) The tutor shall be liable to pay to the minor legal interest on the monies which he has failed to invest.

2) He may also be condemned to pay damages, where appropriate.

Article 283. - Income

1) The tutor shall deliver to the guardian of the minor the income of the latter, and where the income is not enough, part of the property, to be used for his maintenance and his education.

2) Unless the court decides otherwise such delivery shall be made monthly.

3) The conditions of payment may vary by agreement between the guardian and the tutor, or by the decision of the court.

Article 284. - Leases.

Unless they have been entered into with the authorization of the court, leases made by the tutor shall not be binding on the minor three years after he attains majority.

Article 285. - Successions.

1) The tutor shall accept on behalf of the minor the successions devolving on the latter.

2) The tutor may not renounce a succession devolving on the minor, unless such succession is notoriously insolvent.

Article 286. - Donation.

1) The tutor may not refuse a donation offered to the minor unless such donation is not Important.

2) The tutor may not make any donation on behalf of the minor other than small presents which may be required by custom.

Article 287. - Prohibition of Undertaking Suretyship.

The tutor shall not pledge or mortgage the property of the minor for the debt of another person.

Article 288. - Compromise.

A tutor may not enter into a compromise agreement concerning the interests of the minor except where the interest in dispute is less than one thousand Ethiopian Birr or with the authorization of the court.

Article 289. - Contracts between Tutor and Minor.

1) A tutor may not buy or take on lease the property of the minor, nor may he conclude any other contract with the minor except with the authorization of the court.

2) He may not accept the assignment of any right or claim against the minor except with the authorization of the court.

Article 290. - Loans.

A tutor may not contract any loan on behalf of the minor except with the authorization of the court.

Article 291. - Consultation with the Minor.

1) The tutor shall consult the minor in all important acts concerning him, unless the latter is less than fourteen years old.

2) The consent of the minor shall not relieve the tutor of his liability.

Article 292. - Authorization to Act given to the Minor

(1) Principle.

(1) The tutor may authorize the minor to conclude only those contracts which, considering his age and his financial position, are to be regarded as acts of everyday life.

(2) Such authorization may be tacit.

Article 293. - (2) Acts of Everyday Life.

1) An act may in no case be regarded as an act of everyday life where for its conclusion the law requires the authorization of the court.

2) Nor may an act be regarded as an act of everyday life where it entails on the minor an expense or obligations the value of which exceeds three hundred Ethiopian Birr.

Article 294. - (3) effect with regard to the Tutor.

The tutor shall stand surety, in favor of third parties, for the obligations, which the minor has assumed with his authorization.

Article 295. - Will.

1) The tutor may not make a Will on behalf of the minor.

2) A minor may not make a Will before he attains the age of sixteen years.

3) The Will made before he has attained such age shall be of no effect, notwithstanding that the minor has not revoked it after having attained the age of sixteen years.

Article 296. - Expenses of Management.

The tutor has the right to the refund of expenses which be personally incurs in connection with the management of the interests of the minor.

Article 297. - Rendering Report of management of the Property of the Minor.

1) The tutor shall prepare a report concerning the conditions of management and accounts of the property of the minor.

2) The tutor shall make available such reports when requested by the ascendants of the minor, or his brothers and sisters who have attained minor, or his brothers and sisters who have attained majority acting either in individually or jointly.

Article 298. - Applicability

The provisions of Article 264-266 of this Code shall apply to tutorship.

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