Is ethiopian civil procedure adversarial or inquisitorial? Give reason with relevant provision?
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ChatGPT
Aug 8
Ethiopian civil procedure is adversarial in nature. This means that the parties involved in a civil case are responsible for presenting evidence and arguments to support their positions, and the judge acts as a neutral arbiter who makes decisions based on the arguments and evidence presented by the parties.
One relevant provision that supports the adversarial nature of Ethiopian civil procedure is Article 3 of the Civil Procedure Code of Ethiopia, which states that "the parties shall have the right to present their case and to produce evidence in support of their claims." This provision clearly indicates that the parties are responsible for presenting their case and supporting evidence, which is a key characteristic of an adversarial system.
Additionally, Article 4 of the Civil Procedure Code of Ethiopia states that "the court shall not investigate the case on its own initiative." This provision further emphasizes the adversarial nature of the civil procedure system in Ethiopia, as it indicates that the court does not have a proactive role in gathering evidence or investigating the case, but rather relies on the parties to present their arguments and evidence.
Overall, the provisions of the Civil Procedure Code of Ethiopia support the adversarial nature of the civil procedure system in the country.
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Google Gemini AI
Aug 8
The Ethiopian civil procedure is inquisitorial.
Reason:
The Ethiopian Code of Civil Procedure (ECCP) places a significant burden on the court to actively investigate the facts of the case and reach a just decision.
For example:
- Article 9 of the ECCP states that the court is responsible for "ascertaining the truth" and "administering justice." - Article 13 of the ECCP states that the court may "call witnesses, order the production of documents, and take any other measures necessary to clarify the facts." - Article 14 of the ECCP states that the court "may appoint experts" to help investigate the case.