Chapter five

Review Questions

1. 
   Comment on the following quotations within the Ethiopian context.
   
   1. 
      “The property of a debtor is the common pledge of his creditors”.
      
   2. 
      “Delegation of performance of an obligation resembles simple suretyship” “
      
   3. 
      “Any juridical act the debtor commits or omits over his assets may be set up as a defense against his creditors.”
      

2. 
   Abeba and Tesema concluded a contract of sale in 1988 in Addis Ababa. In this contract, Abebe agreed to sell his house to Tesema for Birr 85,000. For reasons not mentioned in the contract, Abebe and Tesema have also concluded another contract relating to the same house in 1989. In the second contract, the parties mentioned that the house is leased by Tesema for a period of ten years. Tesema has been living in the house since 1988.
   

Tesema was very much surprised by Abebe‟s request because he always thought that the second contract was only a cover for the first contract, which, both parties believed, was not permitted by law at the time of its conclusion.

1. 
   What are the legal arguments that can be raised by each side?
   
2. 
   What would be your decision, if the case is brought before you?
   
3. 
   Discuss the difference between perfect and imperfect delegation and their application under the Ethiopian law.