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National Educational Assessment and

Examinations Agency (NEAEA)
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National Exit Examination for LL.B Programme

Students of Ethiopian Law
Schools

Academic Year 2012/2013

Part I: Private Laws
19 March 2013
Time Allowed: 3 (Three) Hours
Instructions:

• This is a closed book exam for all materials except clean copies of THE CIVIL
CODE OF ETHIOPIA AND THE FEDERAL FAMILY CODE OF ETHIOPIA
which can neither be lent to nor borrowed from other students.

LL.B Exit Exam Part I, NEAEA 2013 (2005 E.C.)

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 • The Exam has five sections. The grades allotted for each are indicated beside the title
of the section.
• Whenever Appropriate buttress your arguments with pertinent legal provisions
• You are expected to allocate your time based on the marks allotted per question.
• Write your answers in the answer sheet provided.
• Switch off your mobile phone.

Please do not turn this page until you are told to do so!

LL.B Exit Exam Part I, NEAEA 2013 (2005 E.C.)

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 SECTION I: CHOOSE THE BEST ANSWER (25%, 1% EACH)

1. One of the following is different from others.

A. A property acquired by the spouse through succession.

B. A property acquired by the spouse through donation.
C/ A property the spouse own before the conclusion of the marriage.
D. A sum of money a spouse acquired by alienating a personal property. -
E. An income originated from personal property.
i
2. Indentify the false statement about dissolution of marriage.

A. Violations of essential condition of marriages do not automatically result in

dissolution marriage.
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 rce B. customary marriage may be effected in accordance with rules of a given
.Th custom.
e C. The various grounds of dissolution of marriage may not require judicial
divo intervention.
D. Effects of dissolution of marriage are similar despite variation on the
grounds thereof.
E. Effects of dissolution of marriage can be regulated by agreement of the
spouses. /

3. If a creditor lends money to one of the spouses but the maturity date of payment is
after dissolution of marriage and liquidation of pecuniary relationships, what is the
option available for the creditor to recover his money?

A. He can claim payment from any of the ex-spouses.

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B. He the ex-spouses to pay his money in proportion to a share
shou they received from partition of property.
ld C. He can claim payment from the indebted ex-spouse.
dem # D, All.
and ' E. None.

r
4. Which one of the following is false about irregular union?

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 A. It is similar to marriage except that the man and the women did not go
through celebration of marriage.
B. The act of. consistent and frequent sexual intercourse between a man and a
woman is one indicator for the existence of irregular union.
0/ ' Proof of marriage by possession of status is identical to proof of irregular union by
possession of status.
D. It shall create relationship by affinity between a man and the relatives of the
woman and vice-versa for the purpose of prohibition of marriage.
E. It has the same effect as marriage from the perspective of filiation of
children.
5. ________________________does not affect the validity of adoption agreement.

A. The age of the adopted.

B. The age of the adopter.
C. Number of children of the adopter.
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 D. Approval of the court.
E. None.

6. As per article 193 of the Revised Family Code, the court shall ensure that the
adoption is beneficial to the child prior to approving inter-country adoption.
Which one of the following do you think is the leasj_rejeyant factor to the court to
determine whether the suggested adoption is to the best interest of the child?

A. The financial capability of the prospective adopter to raise the child.

By' The religion of the adopter.
C. The health condition of the adopter.
D. The fact that adopter has never been convicted of a crime.
E. The written consent of the lawful spouse of the adopter on the adoption.

7. ___________________are preferred heirs at law when the deceased is not survived by

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 descendants.843

A. Siblings.
B. Grandparents.
C/ Parents.
D. Children.
E. Uncles and aunts.

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8. A legal obligation to supply maintenance doe not arise between

A. The adopter and his/her adopted child. -

B. Spouses -
C. The husband and his mother-in-law.
A person and his/her nephew.
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 E. A person and his great grandparents.

9. A person does not lose his capacity to succeed owing to unworthiness where;838

A. He is pardoned for what he did by the deceased.

B. He committed the crimes that give rise to unworthiness before the death of
the deceased.
C. He committed the crimes that give rise to unworthiness against the brother
of the deceased
D He is accused of committing the crimes that give against the spouse of deceased.
E. all except B

10. One of the following is not true about essential conditions of marriage.

A. The violation of these conditions renders the marriage void.

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 B. Marriage among consanguinal relatives is invariably prohibited.
C. A man or a woman should not remarry within the next one hundred and
eighty days following the dissolution of his/her former marriage.
D. All
E. None.

11. The law does jiot regulate the personal and pecuniary effects of marriage where:

A. The contract of marriage is invalid.

B. There is no contract of marriage.
The contract of marriage is in harmony with mandatory provisions of the law.
D. The contracting spouses are incapable of entering into such contracts.
E. All.

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 t

12. An irrelevant condition for the application of the rule paterna paternis materna maternis
is;849

A. The will of the testator.

B. The fact that deceased must die intestate.
C. The fact that the deceased does not have surviving descendants.
D. The immovable nature of the property.
E. The issue of whether property must be acquired by the deceased from either
paternal or maternal lines by way of succession or donation.

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13. The court may invalidate a will made under undue influence having regard
to_________.869-74

A. The conditions of the testator.

B. The identity of the person who exerts the undue influence on the testator.
C. The gravity of the influence.
E. A and B.
D. All.

14. Which one of the following does not vitiate consent with respect to will?876

A. Fraud.
B. Duress.
C. Error.
D. Undue influence
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 E. None.

15. Where Ato Ayalew, in his will, ordered a legacy infavor of his friend, Adamu, he
ordered the legatee to change his religion as a requirement to take the legacy.
Which one of the following is true about this legacy? 879

A. Adamu can benefit from the legacy only after complying with the
requirement.
B. Adamu can benefit from the legacy even without complying with the
requirement.
C. The liquidators should ensure the accomplishment of the requirement.
D. A and C.
E. None.

J
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 One of the following is not a condition to ascertain paternity through legal presumption.

A. DNA test of the child and the alleged father.

B. Conception or birth of the child in a legally recognized cohabitation.
C. Acceptance of the alleged father by the mother of the child.
D. All.
E. A and C.

17. A common ground of the nullity for both public and holographic wills
Is;880--

A. Failure to reduce the will in writing.

B. Failure to write the will in the presence of witnesses.p
C. Failure of the testator to write the entire will by himself.h
D. The testators' incapability to read what are included in the will.h
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 E. The will contains additions in the margins or between the lines.h
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18. Balcha bequeathed the only ox he had to Ayana in his first will. Later, however, he made
another will through which he bequeathed the same ox to Chaltu. Who is the right
beneficiary of the ox?900

A. Both Ayana and Chaltu.

B. Ayana.
C. Chaltu.
D. None of them.
E. The State.

19. ______________does not in any way result in the lapse of will.902-907

A. Dissolution of marriage after the will is made.

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 B. The death of the legatee before the testator.
C. The birth of a child after the will is made.
D. Faure to deposit a public will in a court.
E. None.

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20. Which one among the following is the legal consequence of the merger of the
property of the inheritance with the personal property of the heirs?1054

A. It negatively affects the interests of creditors of the deceased.

B. It is more advantageous to creditors of the deceased.
C. It negatively affects the interests of the personal creditors of the heirs.
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 D. AandB.,
E. A and C.

21. One of the following is incorrect about acceptance or renunciation of succession.976

A. An heir may accept or renounce the succession through his/her agent.

v
B. Creditors of an heir who renounced a succession to their disadvantage do
not have a legal right to apply to the court for the invalidation of the renunciation.
Art.993
C. Acceptance is legally unacceptable unless it is reduced in writing.
D. The heir is at liberty to make conditional renunciation or acceptance.
E. All.

22. Which one of the following is true about personal creditors of the heirs and
creditors of the deceased?1054, 1058, 943
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 A. Pending liquidation, personal creditors of the heirs have a right to claim
from the properties forming part of the succession.
B. Creditors of the deceased cannot claim payment from the properties
forming part of the succession after the closure of liquidation.
C. Creditors of the deceased can claim payment from the properties forming
part of the succession after the closure of liquidation.
D. Post-liquidation creditors of the inheritance may claim payment from
legatees by universal title even beyond the value of property the legatee has
received as his share from the succession.
E. A legatee by singular tile has an equivalent status as joint guarantor in the
law of contracts in relation to post-liquidation creditors of the inheritance.

23. Identify a choice that is incorrect about opening of succession.826

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 A. It shall open after the closure of liquidation.
B. It shall open just forty days following the death of the deceased. 965
C. It shall open at the main residence of the deceased at the time of making a
will.
D. It shall open at the main residence of the legatees and heirs.
E. All.
24. By analogizing irregular union with marriage, identify the choice that is not a
prerequisite for the legal acceptability of irregular union.

A. Absence of existing irregular union.

B. Capacity/age.
C. Consent
D. Period of widowhood.
E. None.

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 25. For presumption of paternity to apply, a child is deemed to be conceived in
marriage or irregular union:

A. If the child is born 180 days after the celebration of the marriage.
B. If the child is bom 210 days after the celebration of the marriage.
C. If the child is born within 180 days after the dissolution of the marriage.
D. If the child is born within 300 days after the dissolution of the marriage.
SECTION II: MATCH THE ITEMS UNDER 'A' WITH THOSE UNDER 'B (10%, 1%
EACH)

A
1. Contract of marriage
2. Legatee
LL.B Exit Exam Part I, NEAEA 2013 (2005 E.C.) Page
7.21Pecuniary effect of marriage
8. An action by the true heir against a fake heir H. Common property
3. Personal effect of marriage
4. Certificate of marriage
5. Disownin
6. Heir
B
A. Inheritor by law
B. An action of contesting maternal
filiation.
C. Marriage
D The duty to cohabitation.
E. Legatee by singular title.
F. Actio Pauliana993
G. Petitio haereditatis999

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9. Ambulatory juridical act
10. Ipso jure liquidator of;948
I. Proof of marriage.
J. An action of disclaiming legal
presumption paternity.
K. Governs effects of marriage
L. Will
m. Legatee by universal title
n. Inheritor by will.

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 SECTION III: ANSWER THE FOLLOWING QUESTIONS IN NOT MORE
THAN FOUR LINES (15%, 3% EACH)

1. Is marriage a contract? If not, list some of the major differences between marriage and
other ordinary contracts.
2. What is the consequence of failure to require registration of marriage as stated in
article 28 of the Revised Family Code?
3. What is the difference between unworthiness to succeed and a disheirsion of a legal
heir? 838 &937
4. What is the difference between the partition of an estate made based on per head
(capita) and partition made based on "Per Stirpes"?853
5. Why do you think is the law so strict in the adoption agreement of the child when the
adopter is a foreigner?

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 SECTION IV: WRITE SHORT ESSAYS FOR THE FOLLOWING QUESTIONS IN
NOT MORE THAN 10 LINES (20%, 5 % EACH)

1. One student told to his friend the following. "The violations of all essential conditions to
marriage entail the dissolution of marriage." Explain the validity or other wise of this
assertion in the light of relevant provisions of the Federal Family Code.
2. Cite and explain at least three provisions of the Civil Code that limit the testator's
testamentary freedom of disposing his/her property with a view to protecting the
interests of legal heirs. 938, 939,
3. Evaluate the rules applicable for the succession of an adopted child when he is not
survived by descendants?
4. As we know, part of the Civil Code dealing with family matters has been repealed by the
federal and other regional family laws. One of the reasons that necessitated family law
reform is to ensure equality of men and women at the time of conclusion of marriage,

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 during marriage and up on dissolution of marriage. Cite three provisions governing
personal effects of marriage that guarantee equality of the spouses during marriage?

SECTION V: CASES (30%)

V.I. HYPOTHETICAL CASE ONE

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Ato Tiberga and W/o Zinash were living as husband and wife in Addis Ababa since 1994 E.C.
after performing a rite that constitutes valid marriage under the Guraghe people's custom. In the
contract of marriage, among other things, it was agreed that the Mercedes Benz plate No. 02 -
AA 00034 to be the personal property of Ato Tiberga. In fact, both of them used the car to travel
to and from work place.

In 2000 E.C, Ato Tiberga borrowed 13,000 birr from his uncle, Ato Tigistu, to repair the normal
wear and tear that occurred on the above mentioned car. The debt was to be paid back on sene
2004 E.C. As soon as the car was out of garage, Ato Tiberga donated it to his younger brother
on the occasion of his graduation with Great Distinction from Addis Ababa University.

After the due date of the debt, the creditor demanded the payment of his money from the
common property of the spouses. W/o Zinash strongly protested against such demand saying
that it is personal debt and it should not be paid from the common property.

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Ato Tigistu wants to take the matter before court of law; but, before that he wants to know if he
has any legal ground for his claim. Avail yourself of your family law knowledge and give him
your well considered legal opinion on the matter. (10%)

V.II. HYPOTHETICAL CASE TWO

Ato Negede and W/ro Fikre did not conclude marriage as required by the law. However, they
behave as husband and wife. And they are considered by their families and the community as
married couple. After they have lived since Ginbot 2002 E.C. in such way, their relationship was
terminated upon the insistence of Ato Negede. On the discontinuance of the union:
a. W/ro Fikre wants to bring a legal action claiming compensation for the
damage she sustained as a result of the termination of the union. Will she
succeed? Why/why not? (5%)

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 b. W/ro Fikre claims partition of a building that Negede managed to build in
kiremit 2002 E.C as common property. Will her claim be acceptable by the
court? Why/why not? (5%)
c. Assume that W/o Fikre gave birth to a child four months after the
commencement of the cohabitation and also imagine that Ato Negede died
of HIV/AIDS without making a will a month after he had deserted Fikre,
Can the child succeed Negede? (\0°/J)

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