Key Cassation Legal Rules on Adoption, Land and Inheritance Law

Adoption

Intercountry Adoption: Although Proclamation No. 1070/2010 has completely prohibited intercountry adoption, this prohibition does not apply to an Ethiopian child adopted by persons who are foreign citizens by nationality but of Ethiopian origin by birth. Because there is a common culture and identity between foreign citizens of Ethiopian origin and Ethiopian children adopted, the safety and best interest of the children is considered to be protected. Court decisions must be by primarily considering the safety of the children. [Source 34 (Cassation Civil File No. 189201)]

Land and Inheritance Law

Rural Land Use: The right to use rural land may be terminated for reasons specified in Proclamation No. 239/2006, Article 11(1) and 11(2-9). However, the right of persons with severe mental problems to use their land holding is protected even if they leave their locality. Their right to land holding is protected if they are trusted by the community where the land is located or if evidence certified by a medical board is presented. A court-issued guardianship order under the Civil Code is acceptable legal evidence to prevent the termination of the land use right for a person with severe mental problems. [Source 28 (Cassation File No. 178664)]

State Inheritance: According to Civil Code Article 852, if the deceased has no relatives, the inheritance of the deceased’s property is transferred to the State. According to Civil Code Article 995(1), an heir who has renounced inheritance is considered as never having been an heir. When the deceased has relatives who would inherit (up to the fourth degree of kinship) but all renounce inheriting the inheritance property, it is considered that they have renounced inheritance, and the property is transferred to the State. [Source 30 (Cassation File No. 181512)]

Leave a Reply

Scroll to Top