a. 34703. Liquidation is not a precondition to claim partition before a court of law.
b. 36604. affirms the period of limitation given under articles 973-974.
c. 37275. absence of formalities under article 58/2 of the rfc makes personal
property common.
d. 49851. In a will that is authenticated by an appropriate official of the Document Registration
and Authentication office, it is mandatory for the name and signature of the notary to be put as one
of the witnesses where there is only one witness other than the official at the notary present during
the authentication. If there are two witnesses during the will that is authenticated, it is not
mandatory for the name of the official to be put along with the other witnesses as long as the fact
that the will was done before an appropriate official is confirmed by a signature of the official and
a stamp of the Office, .
e. 36777. similar in content and judgment with the aforementioned case.
f. 37562. still similar in content and decision with the above judgment,
g. 35710. for the best interest of the child, the mother should be given
priority to be the child’s guardian. A will contrary to this is revoked. The
legacy given to aunt of the minor is conditional; hence, the legacy is revoked
as the condition of bringing the child up is not fulfilled owing to the fact that
the authority is given to the mother of the minor by the decision of the
cassation bench, .
h. 41896. marriage shall have effect as of its conclusion not as of its
registration (article 28 of the rfc),
i. 38691. the person who claims priority under article 418 carries the burden
of proof that he has real right over the property. Payment of tax over a
house and holding a written letter from the qebele administration stating
that the house belongs to the Clément is not sufficient evidence.
j. 38126. strengthens the content of 69 of the rfc; and it is decided that
causing the court to decide that a person has a right to sue is not among the
reasons interrupting period of limitation under article 1852,
k. 38152. the court decides that period of limitation under article 1000 is
applicable upon parties that are heirs only. When the parties are heirs and
non-heirs, article 1845 will be applicable instead,
l. 37313. remanding a case by appellate court after framing another issue
amount to reversal of the lower court’s decision given based on the previous
issue if the newly framed issue remains undecided by the lower court. In the
case at hand, the fact that wo/ro genet is the wife of Ato Birhanu is left
unproved after the newly framed issue as the woman died without the case
not being finalized. If this is not proved, the children are not presumed to be
born in wedlock to ato Birhanu as husband of wo/ro Genet. Hence, they have
no right to succeed Ato Birhanu.
l. 42525. both the liquidator and the court that confirmed the liquidation
report should have taken evidences brought by applicants. Deciding in a way
contrary to this turns out to be against 241-270 and 345 of the civ. Pro.
Code,
m. 32817, the cassation, in this decision, puts into practice the content
provided under 938/2 and article 865/2.
n. 40510. whenever a property belonging to a certain succession is to be
estimated for partition, the product of the estimation should be the market
price not the construction cost.
o. 40781. marriage may be concluded by spouses with different ceremonies
in different countries/states even if marriage is one and one only by law. In
this case, one divorce decision given by the court of a state is enough for
both marriages as both of them are, unlike the intention of the spouses,
regarded as one by law.
p. 18394. a will made on a property that is not belonging to the testator is
not revoked owing to absence of ownership (947/1&2). If it is given for heir
at law, it is not legacy, but rule of partition (913. Therefore, the heir to whom
such will is made should get one fourth of the inheritance as provided under
1023,
