ፍትሐ ነገስት The Law of Kings


Click HERE to download the full text of the FATHA NAGAST

“The Fetha Negest (Ge’ez: ፍትሐ ነገሥት fitḥa nagaśt, “Law of the Kings”) is a legal code compiled around 1240 by the Coptic Egyptian Christian writer, ‘Abul Fada’il Ibn al-‘Assal, in Arabic that was later translated into Ge’ez in Ethiopia and expanded upon with numerous local laws. ‘Ibn al-Assal took his laws partly from apostolic writings, and partly from former law codes of the Byzantine rulers.”   

Wikipedia

“In the field of comparative legal history, Ethiopia is still an unknown country. One of its treasures is the Fetha Nagast, a book of law which had a great influence in the history of Ethiopia and still has great consideration in the society, with its richness in Biblical and Christian principles.”

The Following is taken from FATHA NAGAST. (Compare the striking similarity with the provisions of the Civil Code)

“The receiving of earnest by the seller from the hand of the buyer brings about the conclusion of the contract of sale and purchase. If the buyer rescinds the sale, the seller keeps the earnest; if the seller rescinds he must pay double the earnest he received.”

Article 1883. – Effect of Earnest.

The giving of earnest shall be proof of the making of the contract.

Article 1885. – Nonperformance of contract.

1. Unless otherwise agreed, the party who has given earnest may cancel the contract subject to forfeiture of the earnest given by him.

2. Unless otherwise agreed, the party who has received earnest may cancel the contract subject to repayment of double the amount received by him.

Read professor Tilahu Teshome’s Article on THE AFFINITY BETWEEN THE SALE OF GOODS PROVISIONS OF  THE FETHA NAGAST AND MODERN LEX MERCATORIA

Click HERE to download the full text of the FATHA NAGAST


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