International Economics Business Lawhttp://ir.haramaya.edu.et//hru/handle/123456789/502024-03-29T06:53:03Z2024-03-29T06:53:03ZEXAMINING THE JURISPRUDENCE OF ETHIOPIAN COURTS ON PERIOD OF LIMITATION UNDER ETHIOPIAN CONTRACT OF SALES LAW IN LIGHT OF INTERNATIONAL INSTRUMENTSAmeha Andualem Reda(Asst. Profe) Mohammode.D.Alkadirhttp://ir.haramaya.edu.et//hru/handle/123456789/71952023-12-14T06:17:59Z2023-03-01T00:00:00ZEXAMINING THE JURISPRUDENCE OF ETHIOPIAN COURTS ON PERIOD OF LIMITATION UNDER ETHIOPIAN CONTRACT OF SALES LAW IN LIGHT OF INTERNATIONAL INSTRUMENTS
Ameha Andualem Reda; (Asst. Profe) Mohammode.D.Alkadir
The issue of period of limitation in contract of sale has also been regulated by international
instruments like the limitation convention and UPICC. Thus, the objective of this study targeted
in examining the Ethiopian courts jurisprudence while applying the rules of period of limitation
in contracts of sale and assessing the similarity and difference that exists between those
instruments comparatively with the Ethiopian period of limitation rules on contracts of sale to
draw available lessons. To this end, a qualitative methodology which involves doctrinal legal
research approach has been employed. Accordingly, it revealed that despite the designation of
period of limitation rules on contract of sale to the purpose they fit, based on a qualitative
analysis of the existing jurisprudence, the jurisprudence is facing problems due to the challenges
in existing laws on period of limitation and the approach of courts. The compared instruments
contain lessons capable of solving the challenges of Ethiopian legal system. Based on this, the
study recommends consideration of organizing the scattered period of limitation rules of
contracts of sale based on systematic classification and the federal supreme courts have to
employ mechanisms enabling lower courts to apply decisions that have determined the scope of
general contracts period of limitation rules to contracts of sale beyond publishing the decisions
due to existences of a number of cassation decisions on different aspects of period of limitation
reveal the controversial nature of the issue in contract of sale. From the instruments, lessons that
are pertinent to eliminate those challenges and lessons that modernize the legal systems with the
global aspects of international sales law have to be drawn
86p.
2023-03-01T00:00:00ZEFFICIENCY OF MOTOR INSURANCE LEGAL FRAMEWORKS IN TACKLING PRACTICAL CHALLENGES ENSUING FROM INFORMATION ASYMMETRY: GLOBAL INSURANCE COMPANYDEBELA SHIFERAWKassim Kufa, LL.B, BA, LL.M (Ph.D. Candidate and Assistant Professor of Law)http://ir.haramaya.edu.et//hru/handle/123456789/71252023-12-06T08:13:59Z2022-11-01T00:00:00ZEFFICIENCY OF MOTOR INSURANCE LEGAL FRAMEWORKS IN TACKLING PRACTICAL CHALLENGES ENSUING FROM INFORMATION ASYMMETRY: GLOBAL INSURANCE COMPANY
DEBELA SHIFERAW; Kassim Kufa, LL.B, BA, LL.M (Ph.D. Candidate and Assistant Professor of Law)
The importance of equal information in the motor insurance business is unquestionable, as it helps facilitate
the efficient operation of the business. However, practical challenges ensuing from information asymmetry
in motor insurance can disable the function of the sector and lead to its failure. To tackle the impact of
information asymmetry in motor insurance, the legal framework and insurance policies should be designed
efficiently to attain the goal of reducing social costs resulting from car accidents. This thesis is devoted to the
analysis of the efficiency of legal frameworks that regulate motor insurance in tackling practical challenges
ensuing from information asymmetry, focusing on the Global Insurance Company (S.C.). A combination of
doctrinal and empirical legal research methodologies was employed. Both qualitative and quantitative
analyses of relevant data collected from the key respondents of Global Insurance Company, including car
drivers and the traffic police, and cases were collected to identify the practical challenges in the sector. The
main objective of the thesis is to test the efficiency of motor insurance legal frameworks against practical
challenges ensuing from information asymmetry. The key findings reveal that the legal frameworks
regulating motor insurance, particularly provisions dealing with the time frame within which accidents
should be reported to the insurance company, paved the way for the policyholder, who has an information
advantage over the insurance company, to manufacture false claims to get unmerited payment. Moreover, the
third-party risk policy and commercial vehicle policy of the GIC are not efficient in tackling the problem of
information asymmetry in the sector. Practical challenges like the trends of corruption, over speed, and
negligence are the fruits of information inequality in one way or another. Some recommendations were made
to re-design laws regulating motor insurance in an efficient way to tackle information asymmetry and extra legal measures to curb the rate of car accidents like changing the time frame within which the insured should
notify the occurrence of accidents, issuing directive that allow the insurance company to apply different tariff
premium to drivers with repetitive accident record and others etc.
73
2022-11-01T00:00:00ZPATENT OPPOSITION SYSTEM UNDER ETHIOPIAN LAW: A COMPARATIVE ANALYSIS WITH INDIASelamu GetisoAyele Hegenahttp://ir.haramaya.edu.et//hru/handle/123456789/70282023-12-04T12:43:16Z2023-10-01T00:00:00ZPATENT OPPOSITION SYSTEM UNDER ETHIOPIAN LAW: A COMPARATIVE ANALYSIS WITH INDIA
Selamu Getiso; Ayele Hegena
This thesis examines the patent system in Ethiopia and the available opposition methods for interested parties to contest the issuance of a patent. While an individual or organization must submit an application to the patent office to obtain a patent in Ethiopia, there is a risk that a granted patent may be invalidated due to prior art or other factors. To address this, opposition methods are available, but invalidation in court is the primary method for opposition, which is less effective and efficient than the administrative process used in India. As the main objective the research endeavors patent opposition system under Ethiopian patent law; A comparative analysis with India and owing to its objectives, the study employed both doctrinal and comparative legal research methodologies. The study finds that Ethiopia's patent law lacks clear guidelines for opposition procedures, which may lead to lengthy and costly court battles. In contrast, India's administrative process for opposition is more streamlined and cost-effective, allowing interested parties to challenge the validity of a patent before it is granted. The study recommends that Ethiopia adopt an administrative process for opposition, similar to India's system, to make the patent system more efficient and effective
71
2023-10-01T00:00:00ZTHE REGULATION OF DOMAIN NAME UNDER ETHIOPIAN TRADEMARK LAW: EMERGING LEGAL ISSUESYonas Shiferaw Chebude(Assis Profe) Megerssa Dugasa Fitehttp://ir.haramaya.edu.et//hru/handle/123456789/69232023-11-23T06:48:30Z2022-03-01T00:00:00ZTHE REGULATION OF DOMAIN NAME UNDER ETHIOPIAN TRADEMARK LAW: EMERGING LEGAL ISSUES
Yonas Shiferaw Chebude; (Assis Profe) Megerssa Dugasa Fite
Trademarks have ancient origins and the history of trademark law shows incremental
development that shaped their current form. This development is based on the evolution of the
value and purpose served by trademarks within the society in development. In recent history,
the development of computer connections especially the development of the World Wide Web
enabled the free flow of information and connections in a way unthinkable for many before.
The internet enabled the achievement of human developmental transformation faster, easier,
and broader than what could have been achieved without it. In his way eventually allowed
broader commerce in the online sphere. However, trademarks as one of the tools used in the
ordinary market faced significant threats from the use of domain names which is attributable
to the nature of domain names and market development in the online sphere. This problem is
even aggravated by the international nature of use and essential governance of domain names,
unlike trademark and trademark rights. In line with this trademark rights were sufficiently
threatened and being affected by domain name use in Ethiopia. Several countries attempted
and not few countries were able to provide significant trademark law solutions to the threat of
domain name use to trademarks. Among those United States was able to legislate and provide
solutions that are more comprehensive by enacting ACPA. United States being the first to do
so may be partly because United States is the central country in the development of internet.
However, the lesson from United States cannot be underestimated due to its importance in
tackling the problems generated by domain name use over trademark use. Taiwan, Iran, and
Germany are also among those countries who attempted to provide solutions worthy of lesson.
The relatively recent Ethiopian trademark law specifically trademark use protection is facing
a real challenge from domain name practice. This thesis essentially focuses on identifying
possible challenges to trademark use by domain name use in the Ethiopian context. And
attempts to draw important lessons as possible from investigated countries in this regard. In
doing so the study found a significant gap in Ethiopian trademark law and practice. And
proposed the need to reformulate trademark rights in the trademark law based on the actual
purpose served by the trademark in the country currently
107p.
2022-03-01T00:00:00Z