RAYA UNIVERSITY

SCHOOL OF LAW

DEPARTEMNT OF LAW

Course Title: -Law of Banking, Negotiable Instruments, and Insurance

Credit Hours 4 ECTS 7

Course Offered to LL.B

Course Academic Year:

Information
Semester:

Class Schedule:

Instructor Name:Mehamed Bayu

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Title:LLB,LLM

Office Location:

Consultation Hour:

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Email Address:mo

ECTS 7

Tutorials, Continuous
and final
Problem- Project Presentation Independent
Assessment
solving works study
Student Lectures Total
sessions
Work-Load
42 28 42 21 49 7 189

This course comprises three parts. The first part deals with banks and banking transactions.
Course This part covers such banking activities as accepting money, valuable things and documents on
Description deposit, lending money accepted on deposit, depositing and managing securities, buying and
 selling foreign exchanges, gold and silver bullions, and discounting commercial
instruments and transferable securities having a future maturity date

The second part deals with the Law of Negotiable Instruments and Banking is another area of
financial laws in Ethiopia. It governs the nature and function of negotiable instruments and
banks.The law that governs negotiable instruments address issues relating to documents or
papers incorporating various types of rights that are transferred by endorsement and
delivery or by mere delivery of a document. The Ethiopian Commercial Code
recognizes three classes of documents as negotiable instruments: commercial instruments
(bills of exchange, promissory notes, checks, travellers’ checks); transferable securities
(shares or stocks, bonds); and documents of title to goods (bills of lading and other
types of way bills, ware house goods’ deposit certificates). However, the focus in this course
would be on the first class of negotiable instruments.

Finally, the issue ofthe Law of Insurance is also incorporated under part three. It is an area of
financial Law governing the nature and function of insurance. It basically deals with the
definition and types of insurance, the requirements for the formation of a valid contract of
insurance, the requirements for the establishment and operation of an insurance business, the
basic principles governing insurance contracts and the rights and duties of the parties to the
insurance contract. It begins with a highlight on laws regulating the establishment and
operation of the insurance business, and proceeds to sections that deal with the law
determining the rights and duties of the insurer and insured in insurance contracts as embodied
in the Ethiopian Commercial Code.

After a successful completion of the course, students are expected to achieve basic
knowledge and competence regarding:
Objectives,
Competence  The blueprint of banks, banking transactions and major banking operations;
to be  The specific legal requirements for the establishment and operation of banking
Achieved business;
 The economic significance of banks, the various types of banks, i.e., commercial
banks and central or national banks and their functions, the powers and duties of central
or national banks;
 The various types of banking transactions or operations such as deposit of funds, bank
transfers, deposit and management of securities, lending, deposit of valuable
 things and documents, discount of commercial instruments and securities; and
 The legal aspects of negotiable instruments, the definition and types of
negotiable instruments;
 The similarity and differences between and among bills of exchange, cheques,
and promissory notes;
 The economic significance of negotiable instruments; the formal requirements for
the issuance and circulation of valid negotiable instruments; the mode of transfer
of negotiable instruments; the definition, form and effect of endorsements;
 The definition, form and effects of acceptance, acceptance for honor and payment or
acceptance by intervention of negotiable instruments;
 The rights and duties of the parties to negotiable instruments the performance of
obligations arising out of negotiable instruments; the remedies available to holders of
negotiable instruments in cases of nonperformance;
 The nature, definition and types of insurance, the requirements for the formation of a
valid contract of insurance;
 The requirements for the establishment and operation of an insurance business, the
basic principles governing insurance contracts, and the rights and duties of the parties
to the contract;
 The legal elements of insurance law, the establishment and operation of insurance
companies, the concept and requisites of insurable interest, the concept of indemnity
and utmost good faith, the commencement and duration of insurance contract, and the
claim and settlement of issues in relation to insurance
Mode of This course will be delivered through lecture, group discussion, student presentation, group
tutorial and active participation of students. Students are recommended to make prior reading
delivery
and participate actively in class.

Assessment The final grade shall be determined based on the performance of students in the following
activities:

 Class Participation…5%
 Chapter Reflections / Summaries…15%
 Student Presentations…15%
 Assignments / Project/ Essays/document drafting…15%
 Case Review -----10
  Exam(s) -------40%
References  Arun Kumar Sen&JitendraKummarMitra, Commercial Law, The World Press Private
Limited, 2002
 Awash International Bank S.C. and Awash Insurance Company S.C., 10THAnniversary
Special Publication, June 2005
 B.M. LallKingam, Banking Law and Practice, Vikas Publishing House PvtLtd, 1986
 B.S. Bodla,M.C.Garg&K.p. Singh Insurance, Fundamentals, Environment &procedures,
Deep& Deep publication Limited,2004
 Bradford Stone, Uniform Commercial Code in a Nutshell, Fourth Edition,West Group
1995
 Colinvaux Raoul, The Law of Insurance Volume 1&II 3rd ed, Sweet&Maxwell Limited,
1970
 David Cox, Success in Elements of Banking, Fourth Ed.1988
 Dudley Richardson, Guide to Negotiable Instruments and the Bills ofExchange Acts,
London Betterworths, 7th ed.,1983
 FasilAlemayeu and MerhatbebTeklemedhn, Law of Banking, Negotiable Instruments
and Insurance Teaching Material (Sponsored by the Justiceand Legal System Research
Institute,2009)
 HailuZeleke, Insurance in Ethiopia, Historical Development, Present Statusand Future
Challenges, August 2007
 Hashim Tewfik, Defenses on Negotiable Instruments under the EthiopianCommercial
Code, senior thesis,1988
 Licensing and Supervision of Insurance Business, Insurance BusinessProclamation No
86/1994
 J. Milnes Holden, The law and practice of banking, Vol. 1, Banker andCustomer, The
Pitman Press, Bath, 1970
 J.E. Kelly, Practice of Banking, Second Ed. 1986
 John, F Dobbyn, Insurance Law in a Nutshell, Third Edition, West Group,1996.
 Journal of Ethiopian Law, Volume 12 and 16
 M.C.kuchhal, Mercantile Law, Second Revised Ed., Vikas Publishing House,1978
 P.J.M. Fidler, Sheldon and Fidler’s Practice and Law of Banking, EleventhEd., 1982
 Richard E. Speidel and Steve H. Nickles, Negotiable Instruments and CheckCollection,
 Fourth Ed.1993
 TekleGiorgisAssefa, Risk Management and Insurance, Mekelle, 2004
 The Civil Code of the Empire of Ethiopia, Proclamation No 165/1960
 The Commercial Code of the Empire of Ethiopia, Proclamation No166/1960
 The Licensing and supervision of Insurance BusinessProclamation No 521/2008
 The Maritime Code of the Empire of Ethiopia, Proclamation No 164/1960
 The Monetary and Banking Proclamation No 592/2008
 Vehicle Insurance Against Third Party Risks Proclamation No 559/2008

COURSE CONTENT AND CHAPTERIZATION

PART ONE: INTRODUCTION TO LAW OF BANKING AND BANKING

TRANSACTIONS

Chapter One: Law of Banking

1.1. Definitions
1.2. The Development of Banking Systems
1.3. Types of Banks
1.4. Functions of banks
1.5. Major banking transactions
1.6. Establishment and operation of banking business
1.7. Regulation of banks and banking transaction

PART TWO: LAW OF NEGOTIABLE INSTRUMENTS

Chapter One: Introduction to The Law of Negotiable Instruments

1.1 Introduction
1.2 Historical overview
1.3 Definition, nature and parties to negotiable instruments
1.4 Types of negotiable instruments
1.5 Characteristics of negotiable instruments
1.6 Presumptions as to negotiable instruments

Chapter Two: The Form and Parties to Commercial Instruments (bill of exchange)
 2.1 Introduction
2.2 Essential elements of a bill
2.3 Issue, Negotiation, Delivery and Endorsement
2.4 Presentment and Acceptance of Commercial Instruments
2.5 Maturity of Commercial Instruments
2.6 Payment of Commercial Instruments
2.7Dischargeof Commercial Instruments
2.8Dishonour of Commercial Instruments

Chapter Three: Promissory Notes

3.1 Introduction
3.2 Definition of Promissory Notes
3.3 Essential elements of Promissory Notes
3.4 Functions of the Promissory Note
3.5 Parties to Promissory Notes

Chapter Four: Cheques

4.1 Definition and Essential Elements of Cheques

4.2 Characteristics of Cheques
4.3 Negotiation and Certification
4.4 Types of Cheques
4.5 Travelers’ Cheques

Chapter Five: Enforcement of Instruments

5.1 Person Entitled To Enforce Instrument

5.2 Defenses and Claims in Recoupment
5.3 Enforcement of Lost, Destroyed, or Stolen Instrument
5.4 Lost, Destroyed, or Stolen Cashier's Check, Teller's Check, or Certified Check
5.5 Right of recourse of a holder of commercial instruments
5.6 Loss of Right of Recourse and Alternative Remedies to a Holder

PART THREE: LAW OF INSURANCE

Chapter One: Introduction to Insurance in General

 1.1 The notion of Insurance
1.2 Significance of Insurance
1.3 Basic principles of Insurance
1.4 Types of insurances
1.5 Contract of insurance and insurance policy
1.6 Parties to contract of insurance
1.7 General obligations and rights of the parties

Chapter Two: Regulation of Insurance and Insurance of objects

2.1 Who may insure an object

2.2 Scope of risks covered
2.3 Scope of compensation
2.4 Liability insurance in general
2.5 The compulsory third party liability vehicle insurance
2.6Payment and right of substitution in insurance of damages

Chapter Three: Life insurance

3.1 Insurable interest

3.2 The nature and scope of risks insured
3.3 Designation of beneficiaries
3.4 Rights and obligations of parties
3.5 Insurance against illness and accident