HARAMAYA UNIVERSITY

A COMPARATIVE ANALYSIS OF ETHIOPIAN CIVIL CODE AND ART. 826-

841 AND FRENCH CIVIL CODE ART. 718- 730.

. 1. Comparing On Open Of Succession

Ethiopian civil code art.826 Open of succession, where a person dies,

the succession of such person, called the deceased, shall open at the
place where he had his principal residence at the time of his death. And
the rights and obligation of deceased which form the inheritance shall
pass to the heirs unless those right and obligation which terminated by
the death of person.

French civil code art. 718 states that succession are opened by the
natural death or civil death of person.

Scope On Open Of Succession the scope of Ethiopian and French civil

code on open of succession limited to the death of deceased person
whether it natural death or civil death.

Purpose it’s purpose is to regulate the systems of succession, to

succeed the deceased person by his heirs and legatees and also to
enforcement the will of deceased person after his death.

Similarities on open of succession In both Ethiopian and French civil

code the ground for open of succession is civil or natural death of
person and it followed by open of succession from the moment of his
death.
Difference on open of succession in Ethiopian civil code it expressed
that all right and obligation cannot succeeded as those right and
obligation can be terminate by death of the persons but in French civil
code it is not expressed which we can take as its weakness. Here also
Ethiopian civil code express things making up inheritance and pension

under article 827(Life insurance) and 828(pension and indemnities)

which is not determined under French civil code. As it articulated under
Ethiopian civil code life insurance can be parts of inheritance when the
deceased has not determine the beneficiary or the life insurance is
made to the benefit of the heirs of the deceased without any
indication.

Weakness of French civil code in French civil code the right and
obligation that can be terminated by the death of person is not
expressed and also the place where we should open the succession is
not defined but in Ethiopian civil code the place of opening of
succession is at the place where the deceased had the principal
residence.

2. Comparing Condition Of Person Dying Simultaneously

Ethiopian civil code art. 832 states that where two or more persons
who have reciprocal right to succeed each others died in circumstance
which is not possible to determine who survive the others, the
succession of each of one regulated as if he had been the last survivor
without, however receiving anything from the succession of the other
person.

Under French civil code art. 720 if several persons, respectively called
to the succession of each other, perish by one and the same accident,
so its not possible to determine who survive the other, the
presumption of survivorship is determined by the circumstances of
event and in defect of such, by force of age and sex.

Then when we compare this two provisions (ECVC art. 832) and (FCVC
art. 720) there is some similarities and differences.

Art. 721 if those who perished together were under fifteen years, the
eldest shall be presumed to survived. If they were all above sixty, the
youngest shall be presumed to survived.

Art . 722 If those perished together were of the age of fifteen years
complete, but less than sixty , the male is always presumed to survived.

Purpose in both civil code the provision is try to regulate the problems
of succession that arise in case of simultaneously died person that have
reciprocal right and obligation to succeed each other.

Similarities They are similar as both Ethiopian and French civil code are
applies to similar circumstance (simultaneously death)

Difference here in French civil code the presumption will cause the
discrimination that based on age and sex, because as expressed under
French civil code art. 721-724 there may be unfair succession which
arise from age and sex. For example as stated under art. 721 and 722 of
French civil code it give priority to youngest age and male. But the
presumption given under Ethiopian civil code is that the person dying
simultaneously can’t survive each other, for that reason they can’t
succeed each other. This presumption is important to avoid such
discrimination that based on age and sex.
Weakness as we can understand from the above provision the French
civil code give priority to the male and youngest age incase of
simultaneously death of persons who have reciprocal right to succeed
each others.

3. Comparing Condition Required To Succeed In Both Civil Code

There are certain requirements in both Ethiopia and French civil code
for some who is going to succeed the deceased person, those required
condition are have some similarities and differences which expressed
as following.

Ethiopian civil code art. 830 states that a person may not succeed the
deceased unless he survives him and he is no unworthy of succeeding
him and art 834 child merely conceived.

French civil code art. 725 in order to succeed, the party must of
necessity be in existence at the moment at which the succession is
opened. Those incapable of succeeding are, 1st He who not yet
conceived, 2nd The child not born likely to live and 3rd He who is civilly
dead.

Purpose in both civil code there are some requirements to succeed

each other. For example the person should not unworthy of the
deceased person to succeed his property, the rational behind this rule
is that a person may not profit from his/her own crime.

Similarities in both civil code the one who is going to succeed the
deceased person should alive at the moment when the succession
opened ( he should survives the deceased) and also the merely
conceived child should born alive to participate in opening of
succession. This is the similarities these provision have in common.
 4. States Of Legitimate And Adopted Child In Both Civil Code

Ethiopian civil code art. 836 that the legitimacy or illegitimacy of the
deceased or of the heirs shall not affect the ascertainment of the heirs.

French civil code art. 723 states that, the law regulates the order of
succeeding between legitimate heirs; in defect of such, the property
passes to natural children.

Here in the Ethiopian civil code the adopted child and the natural/
legitimacy children have equal right to participate in succession of
deceased person, there is no discrimination based on adopted child as
adopted child considered to assimilate to the adopted family. But the
French civil code is not empowered the illegitimate children as that of
legitimate children in French civil code as articulated under art. 723 and
724 the one who have a full right on deceased person property is only
natural children.

5. Foreigners In Succession In Both civil Code

In Ethiopian civil code art. 837 states that nationality of the heirs shall
not affect in any way the ascertainment of his right to succession, here
but we have exception that a foreigners can not succeed immovable
things (property).

In French civil code art. 726 states that, A foreigner is not permitted to
succeed to property which hi relation, foreigner for Frenchman,
possesses in the territory of the republic, except in those case and in
the manner in which a Frenchman succeeds to his relation possessing
property within the country of such foreigner.

Similarities in both civil code there is some restriction for foreigners to

succeed a deceased person and also in both civil code the foreigners
the foreigners have a chance to succeed the deceased person

Differences as we expressed above it is similar in case both of them give

restriction on foreigners to succeed the deceased and also they have a
chance to succeed, but here we have also some differences, because
the Ethiopian civil code only restricted foreigners to immovable
property but in French civil code there is not such restriction, rather
than the foreigners shall enjoy in France the same civil rights as are or
shall be accorded to Frenchmen by the treaties of that nation to which
such foreigner shall belong (art. 11 FCVC)

Strength of Ethiopian civil code art. 836 we appreciate this provision

as it restricted a foreigners to succeed an immovable property like land.
Because as FDRE constitution state the land is the property of nation,
nationalities and states. Therefore when we transfer this property
through succession to foreigners it affect the interest of all Ethiopian
people then this provision is relevant protect the interest of our society.

6. Comparing The Condition Of Unworthiness

In Ethiopian Civil code art 838, 839, 849, 840 and 841 states that about
condition of unworthiness as following

 Art 838 any one has been sentenced for:

 having intentionally caused the death for deceased or the
death of descendant, ascendants or spouse deceased; or
 Having attempted to kill any one of such person; or
  Having made a cause a false accusation which may cause a
rigorous imprisonment.
 Art. 839 the loss of capacity provided under art. 838 shall not take
place where the crime or attempted crime committed by the
person called to the succession after the death of the deceased.
 Art. 840 whosever, by taking advantage of the physical state of
the deceased and has intentionally destroyed, caused to
disappear or altered the last will of deceased shall loss capacity
succeed.
 Art. 841 The loss of capacity under art. 838 and 840 shalll not take
place where the deceased has expressly or impliedly pardoned his
heir.

In French civil code art. 727, 728, 729 and 730 defines the condition of
unworthiness as following;

 Art. 727 Unworthy to succeed, and as such excluded from

succession are, 1st He who shall be condemned or attempted
To cause the death of the defunct;
2nd He who has brought against the defunct a
Capital charge;
3rd The heir being of age ,who, being informed of
The murder of the defunct, shall not have
Denounced it to the office of justice.
 Art. 728 This failure of denunciation can not be objected to the
ancestors and descendants of the murderer, nor to his
connexions in the same degree, nor to the husband or wife, nor
to his brothers and sisters.
 Art. 729 The heirs excluded from the succession for cause of
unworthiness, is bound to restore all the fruits and revenues
 which of which he has had the enjoyment since the opening of
succession .
 Art. 730 The children of such unworthiness person, coming to
the succession in their own right, and without aid of
representation , are not excluded by the fault of their father, the
latter cannot in any case claim over the property of such
succession.

Similarities on condition of unworthiness in both civil code the one

who is going to succeed should not unworthy for the deceased person.
if they killed or attempted to cause the death of the deceased that
person may be restricted to participate in opening of succession.

Differences on condition of unworthiness in Ethiopian civil code as

articulated under art. 838 the unworthy crime that restricted person
to participate in succession is not limited on the deceased person. If
he committed such crime on a deceased person, his spouse,
descendant and ascendant he will become unworthy, but in French
civil code it seems to limited only on the deceased person. And also in
Ethiopian civil code if the crime committed by the person is after
death of the deceased and if the deceased expressly or impliedly
pardoned his unworthy heirs in his last will then the loss of capacity
shall not take place, he can participate in succession, but in French
civil code this exception is not stated.

Weakness the Ethiopian civil code is not express whether the heirs
excluded from succession for cause of unworthiness is bound to
restore all the fruit and revenue he has had collected since the
opening of succession or not and also not clearly states if the children
of such unworthy person can participate in succession or not, but this
all clearly expressed in French civil code which we can states as French
civil code strength.