Table of content

Contents Page
|. Introduction......................................................................................................... 1
1 Transfer of ownership under Ethiopian law...................................................... 2
1.1 Meaning of ownership:................................................................................... 2
1.2 The rights of an owner include:..................................................................... 2
1.3 Meaning of transfer of ownership:................................................................ 3
1.4 Processes of transferring ownership............................................................... 3

1.4.1 The ways of transfer of ownership............................................................. 4

1.4.1.1 Transfer of ownership by agreement of parties..................................... 4
1.4.1.2 Transfer of ownership by the operation of the law................................ 5
1.5 Transfer of ownership right over immovable............................................... 5
1.6 Transfer of ownership right over movable(corporal chattels)................. ... 5
1.7 Limited ownership.......................................................................................... 5
||. Summery........................................................................................................ 6
|||. Reference...................................................................................................... 6
Introduction
In this assignment we try to introduce about meaning of ownership, transfer of ownership,
ways of ownership is transferred. Ownership means a person has a right over property and
owns it. An owner will have the right of possession, right to its use, right of way, right to
transfer it, right to earn rent from the property. Transfer of ownership is the means by
which the ownership of a property is transferred from one hand to another. This includes
the purchase of a property, assumption of mortgage debt, exchange of possession of a
property or any other land trust device. ownership may be transferred by virtue of law or
pursuance of agreements entered in to by the parties.
 1. Transfer of ownership under Ethiopian law
1.1 Meaning of ownership:
-Ownership is the state or fact of exclusive rights and control over property, which
may be any asset, including an object, land or real estate, intellectual property, or until
the nineteenth century, human beings. Ownership involves multiple rights, collectively
referred to as title, which may be separated and held by different parties.
Ownership means a person has a right over property and owns it. An owner will have the
right of possession, right to its use, right of way, right to transfer it, right to earn rent from
the property.
Ownership may be defined as legal relationship that gives rise to certain rights and
obligations between persons in relation to an object.
1.2 The rights of an owner include:
1. The right of use and enjoyment,
2. The right of possession that includes the right to exclude others.
3. The right to transfer the thing and its fruits
4. The right to leave or abandon the thing or its fruits at will. (Art 1189 of the Civil Code).
Some other sources also argue that a right of ownership is composed of the following main
elements;
- The right to use the object himself (the usus)
-The right to collect and use fruits - such as crops or rents (the fructus)
-The right to dispose of it and its fruits by alienation by destruction (abandonment) and
- the right to charge it with pledge or mortgage (the abuses)
To understand the concept of ownership comprehensively, let us try to distinguish
between:
1. Ultimate Ownership- in which other persons hold the rights of present enjoyment
temporarily through contracts such as usufruct or lease and the residual magnetic core is
left to the owner.
2. Complete or Beneficial Ownership- in which the owner enjoys all the rights and privileges
emanating from it.
According to Ethiopian law Art. 1204 of civil code
- Ownership is the widest right that may be had on a corporeal thing. Such right may
neither be divided nor restricted except in accordance with the law.
Owner of property may use his property and exploit it as he thinks fit, without
prejudice to such restrictions as are prescribed by law.(art 1205 of civil code)
In all cases whether during ancient times or in its modern conception, except for
those personal chattels, the use and ownership of property (especially land) is
limited by law for different land use purposes such as environmental, health, public
good, town plan etc. 
1.3 Meaning of transfer of ownership:
Transfer of ownership is the means by which the ownership of a property is transferred
from one hand to another. This includes the purchase of a property, assumption of
mortgage debt, exchange of possession of a property or any other land trust device.
The act of point in place or time at which ownership of a thing is passed from one person to another.
()

There are steps that need to be complied while transferring ownership of a real estate
property:
1. both buyer and seller must agree to the terms of the transfer;
2. there should be secured funds necessary to purchase property;
3. hire a company to complete the required search of title;
4. Take the completed title to the county courthouse in the county where the property; and
5. File the new deed with the county recorder's office.
1.4 Processes of transferring ownership

The owner of the thing must agree with the other person to deliver and transfer ownership
of the thing. A mere agreement to transfer possession cannot be termed as a contract of
sale. The seller must transfer or agree to transfer ownership so that contract of sale is
concluded. This essential characteristic distinguishes many contracts from contract of sale.
in the contract of letting and hiring the owner (the lessor) of a thing delivers the thing to the
other person (the lessee) but ownership is not transferred.
For example,
Mr. X hires a horse with its cart from Mr. Y at 20 Birr per day for a week.   Mr. X takes the
horse and used it for transporting certain goods from one place to another. Mr. Y (the
owner) did not transfer the ownership to the Mr. X (the lessee) and he did not agree to
transfer ownership. In cases of contract of bailment, the owner (the bailor) also delivers the
thing to the other person (the bailee). Nevertheless, the owner does not transfer ownership
to the bailee.  This is because transfer of possession by delivery transfers ownership
although transfer of possession does not necessarily show transfer of ownership.
 1.4.1 The ways of transfer of ownership
Art 1184 of civil code stated that ownership may be transferred by virtue of law or
pursuance of agreements entered in to by the parties.

1.4.1.1 Transfer of ownership by agreement of parties

According to 1184 Article the right of ownership may be transferred from the owner to
another person by the agreement of the parties.
 Transfer of ownership by agreement is occurred in the following ways:
a) In a contract of sale.
e i. Art 2266 of civil code define transfer of ownership in contract of sale:
A contract of sale is a contract whereby one of the parties, the seller, undertakes
to deliver a thing and transfer its ownership to another party, the buyer, in consideration of
a price expressed in money which the buyer undertakes to pay him.
In such cases, ownership will be transferred from the seller to the buyer at the time when
the buyer pays the price, i.e., the transfer of possession shall not transfer ownership to the
buyer until the later pays the agreed price.
b) In a contract of donation
Art 2427 stated that A donation is a contract whereby a person, the donor, gives some
of his property or assumes an obligation with the intention of gratifying another person,
the donee. i.e This article indicate that the ownership of the donated property transfer
from the donor to donee by processes of donation.
C) In a contract of barter
according to Art 2408:
(1) Each of the exchangers shall, as regards the things subject to the exchange, have the
same rights and obligations as a seller.
(2) The exchanger who is bound by the barter contract to pay a balance shall, as regards
the payment of such balance, have the same obligations as a buyer.
(3) Unless otherwise agreed, the exchangers shall share equally in the expenses of the
barter contract.
According to this article the ownership is transferred from one person to another
persons through contract of bartter at the time of exchanging good each others.
Example:
Mrs.X and Mrs Y enter in to contract of barter to exchange salt and cloth
respectively. At this time when Mrs X deliver salt to Mrs Y the ownership of salt is
transferred to Mrs Y and Also when Mrs Y deliver cloth to Mrs.X the ownership of the
cloth is transferred to Mrs X.
1.4.1.2 Transfer of ownership by the operation of the law.
 In cases of in testate successions
According to art 842 sub 1. The children of the deceased shall be the first to be called to
his succession. i.e When the child of deceased person succeeded the property of
deceased person, the ownership of the property of deceased person transferred to
his/her heirs.
In this regard the principle applicable is "nemo dat qoud non habate" which means that the
transferor may not transfer a better right than he has on the object. Therefore, in order for
a person to transfer a perfect right of ownership he/she must have a perfect right of
ownership
1.5 Transfer of ownership right over immovable
According to article 1185 of civil code: An entry in the registers of immovable property shall
be required for the purpose of transferring by contract or will the ownership of immovable
property.
This article indicate that Transfer of ownership right over immovable things and special
movable things is effected by striking out of the name of the transferor and entering the
name of the transferee in the registers of immovable things and special movable things
respectively.
1.6 Transfer of ownership right over movable(corporal chattels)
According to article 1186 of civil code: (1) The ownership of corporeal chattels shall be
transferred to the purchaser or legatee at the time when he take possession thereof.
(2) Nothing in this Article shall affect the provisions of special laws or regulation relating to
special kinds of corporeal chattels.
This article describe that The right of ownership of ordinary corporeal movable things
(chattels) is transferred by the transfer of possession. Possession may be transferred by
delivery or handing over of the thing, or by delivery of document representing the thing
such as bills of lading, way bills, warehouse goods‟ deposit certificates or constructively, i.e.,
by declaration of the possessor of a thing that from that time on he will hold the thing in the
name of the creditor who failed or refused to take delivery.
1.7 Limited ownership
Article 1187 of civil code stated that: Provision to the effect that ownership shall be
Transferred at a different time than that fixed in the preceding Articles shall not affect third
parties unless the latter have accepted such provisions or Such provisions have been given
publicity through registration in a public registry in accordance with law.
This article described that ownership will be transferred from the seller to the buyer at the
time when the buyer pays the price, i.e., the transfer of possession shall not transfer
ownership to the buyer until the later pays the agreed price. However, the seller may not or
the buyer may not raise such provision against third parties/ for instance, the creditors of
either party who may want to attach such thing/ unless such third party accepts such
provision or it has been publicized through registration in a public registry in accordance
with law
Summery
Generally when We summarized our assignment ownership is defined as legal relationship
that gives rise to certain rights and obligations between persons in relation to an object. And
also the right of ownership is transferred based on two ways, those are by agreement of
parties and by virtue of laws. Transfer of ownership is by agreement is based on the
agreement of the parties in different contract, for instance in contract of sale, contract of
donation, in contract of barter and other. And the transfer of owner ship by virtue of law
means transferring the owner ship based on the provision of law by operation of law, for
instance intestate succession.

Reference
 https://m.economictimes.com/transfer-of-
ownership/articleshow/7481065.cms)
 Fassil Alemayehu,law of property , teaching material,2009
 https://www.globalnegotiator.com/international-trade/dictionary/transfer-
ownership/
 Article 1184-1187 of civil code