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IOWA LAW REVIEW<br />
We may first examine how custom was incorporated into the codes.<br />
Earlier it was discussed how certain code provisions were adapted<br />
to the Ethiopian situation. The use of customary law and practice as<br />
a source of code provisions is but another part of this process. The<br />
main incorporation of custom was in the areas of family law and succession,<br />
areas that are often deeply rooted in tradition and religion.<br />
The succession 89 provisions to a large extent reproduce customary<br />
practice. Not only were the traditional rules very important to the<br />
people, but for the most part there was nothing unjust or regressive<br />
about them. For example, the concept of illegitimacy never existed<br />
in Ethiopia, and once filiation was established, a child had the same<br />
rights against the parents irrespective of whether or not they were<br />
married. Therefore, in keeping with custom it is provided that the<br />
legitimacy or illegitimacy of the deceased or the heir does not affect<br />
succession rights. 90 Earlier it was pointed out that spousal succession<br />
was not authorized because of the Ethiopian belief that property should<br />
be kept in the blood line. 191 In the succession provisions there is also<br />
a good example of the attempt to impose a uniform law where diverse<br />
practices previously existed. Among some tribal groups females were<br />
not permitted to inherit, but among the majority of groups they were.<br />
Under the Code it is provided that the sex of the heir does not affect<br />
19 2<br />
succession rights.<br />
A rule of customary law that has been retained on the theory that<br />
its abolition would cause too great an opposition is that of unlimited<br />
divorce. In effect, divorce is granted whenever one of the spouses<br />
insists on it. The drafter proposed that divorce be granted only on<br />
certain grounds, but the Codification Commission rejected the proposal.11<br />
3 However, again in keeping with tradition the Code makes<br />
provision for marital arbitration, and where there is not "serious<br />
cause" for divorce, the arbitrators have a year in which to try to<br />
reconcile the parties. 19 4 Divorce had been very frequent and easily<br />
available. It was recognized that the law could not change this attitude<br />
toward divorce overnight, but the provisions relating to reconciliation<br />
will at least prevent hasty and ill-considered divorce. 195<br />
[Vol5<br />
www.abyssinialaw.com<br />
189 The use of the term includes testate and intestate succession.<br />
190ETH. Crv. CODE art. 836(l).<br />
191 See note 107 supra and accompanying text.<br />
102 ETr. Civ. CODE art. 837.<br />
193 David, supra note 21, at 502.<br />
294 See ETH. Crv. Con arts. 666, 725, 768.<br />
105 The institution of betrothal and sanctions for breach of a contract of betrothal<br />
represent another customary concept that has been incorporated into the<br />
Code, as does the institution of marital property. See Krzeczunowicz, supra note<br />
36, at 60. Another example would be compensation to the husband or family<br />
where a woman or girl has been raped or indecently assaulted. The compensa-
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