TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES
Chapter 1. Contract of employment in general
Art. 2512 – Definition.
A contract of employment is a contract whereby one party, the employee, undertakes to render to the other party, the employer, under the latter’s direction, for a determined or undetermined time, services of a physical or intellectual nature, in consideration of wages which the employer undertakes to pay him.
Art. 2513 – Public servants and State employees.
(1) The provisions of this Chapter shall not apply to the relations of public authorities with public servants.
(2) Unless otherwise provided in special laws, the provisions of this Chapter shall apply to contracts of employment concluded by industrial or commercial undertakings administrated by the State or its administrative or technical departments.
Art. 2514 – Special categories.
Nothing shall affect the special provisions applicable to certain categories of employees having a particular legal status.
Section 1. Formation of contract
Art. 2515 – Formation of contract.
The formation of a contract of employment shall not be subject to any special formalities.
Art. 2516 – Collective agreements. – 1. Principle.
Employers or associations of employers, on the one hand, and trade unions of employees, on the other hand, may lay down, in collective agreements, the conditions which shall be included in all individual contracts of employment subject to the authority of such collective agreements.
Art. 2517 – 2. Conditions of validity and duration.
(1) The collective agreements mentioned in Art. 2516 shall not be valid unless made in writing and confirmed by the competent public authorities.
(2) They may, notwithstanding any contrary stipulation, be determined at any time after the expiration of a year by giving six months notice.
Art. 2518 – 3. Effect.
(1) The terms of an individual contract of employment which are inconsistent with a collective agreement shall be of no effect unless they are more favourable to the employee.
(2) The void terms of an individual contract of employment shall be supplemented by the terms laid down in the collective agreement.
Art. 2519 – Standard agreements. – 1. Principle.
(1) The public authorities may draw up standard agreements for different kinds of contacts of employment.
(2) Standard agreements thus drawn up shall not be valid unless they are duly published.
Art. 2520 – 2. Effect.
(1) Individual contracts of employment shall be deemed to be made in accordance with the terms of the standard agreements.
(2) The parties may, in writing, depart from the terms of the standard agreements.
Art. 2521 – Staff regulations of an undertaking.
(1) Staff regulations drawn up by the employer for his undertaking shall not bind the employee unless they are reduced to writing and notified to him before the commencement of his employment.
(2) Any penalties inflicted by the employer on the employee, by virtue of these regulations, may be modified by the court where they are contrary to law or equity.
Art. 2522 – Terms unfovaourable to the employee.
(1) Terms in a contract of employment which are less favourable to the employee than the provisions of this Title shall not be valid unless they are expressly authorized by law.
(2) They shall be made in writing or they shall be of no effect.
Section 2. Work of employee
Art. 2523 – Personal character of the obligation.
The employee shall personally carry out the work to be undertaken, unless the contract or circumstances require otherwise.
Art. 2524 – Obligation of care.
(1) The employee shall carry out his work with care.
(2) He shall be liable for any damage he intentionally causes his employer, or for his negligence or imprudence.
(3) In order to assess the liability of the employee, regard shall be had to the nature of the work to be undertaken, the degree of training, the abilities and the qualities of the employee that the employer knew or should have known.
Art. 2525 – Obedience at work.
The employee shall obey the orders of the employer relating to the execution of the work where such orders are not contrary to the contract, the law or morals and obedience to them entails no danger.
Art. 2526 – Work to be done. – 1. Principle.
The employee shall perform the work for which he has been employed.
Art. 2527 – 2. Change of work.
(1) Unless otherwise agreed, the employer may at any time, where the interest of the undertaking so requires, assign a different work to the employee, provided that this entails for the employee no reduction in his wages nor a substantial change in his rank.
(2) Where the new work carries a sage higher than that for which the employee has been engaged, the employer shall be entitled to that wage.
Art. 2528 – 3. Overtime.
(1) The employer may require the employee to do more work than has been agreed in the contract.
(2) The employee shall undertake this extra work where he is able to do so and his refusal would be contrary to good faith.
(3) The employee shall be entitled to an additional remuneration fro this extra work, which shall be fixed having regard to the agreed wage and to all circumstances of the case.
Art. 2529 – 4. Piece work or contract work.
(1) The employee who is paid at piece-rates or for the contract may require the employer who engages him to give him an adequate amount of work for the duration of the contract.
(2) Where there is no piece work or contract work available, the employer may employ the employee by the hour or the day.
Art. 2530 – Tools and materials. – 1. Supply.
(1) Unless the contrary is agreed or customary, the employer shall provide the employee with the tools and materials necessary for his work.
(2) Where the employee provides them himself in whole or in part without being compelled to do so, the employer shall compensate him for them.
Art. 2531 – 2. Obligation of care.
The employee shall preserve with care the things entrusted to him for the execution of his work.
Art. 2532 – Inventions of the employee.
(1) Inventions made by the employee shall belong to him notwithstanding that they have been made during the work done by him in the service of his employer.
(2) They shall however belong to the employer where the employee has been expressly engaged for making researches or inventions.
Art. 5233 – Information concerning the undertaking.
(1) The employee shall, even after the termination of the contract of employment, keep the secrets of the employer of which he has learnt in the course of his work.
(2) He may not make use, to the detriment of his employer, of information he has obtained in the course of his work.
Section 3. Wages due to employee
Art. 2534 – Right to wages.
Any work shall be deemed to be done in consideration of wages, unless it is the custom that the work should be done without payment or the work falls within the professional duties of the person who carries it out.
Art. 2535 – Amount of wages.
(1) The employee shall be entitled to the wages which have been agreed or result from collective agreements or standard agreements binding the employer.
(2) Failing such stipulation, the amount of wages shall be fixed in accordance with the custom of the occupation or the custom of the place where the work is performed.
(3) In the absence of custom, it shall be fixed by the court in accordance with equity.
Art. 2536 – Method of fixing wages.
(1) Wages may be fixed for a given period of time, such as an hour, a day, a week, a fortnight, a month or a year.
(2) They may also consist of a lump sum or be calculated at piece-rates or on the contract for work done, according to the work that the employee delivers to the employer.
Art. 2537 – Share in the profits.
(1) Wages may consist, in whole or in part, of a share in the profits made by the employer, or a percentage of the turnover of the employer, or a percentage of the turnover of the undertaking, or a part of the gains realized by the undertaking or other remuneration of the same kind.
(2) In this case, the employer shall provide the employee, after each assessment, with an account of what he owes him.
(3) The employee may demand that the account so provided be verified by a third party appointed by agreement between the parties or, failing such agreement, by the court.
Art. 2538 – Tips.
Wages may consist, in whole or in part, of the tips given by the customers to the employee or collected, on behalf of his employees, by the employer.
Art. 2539 – Date of payment.
(1) Wages shall be paid to the employees doing work of a physical nature at the end of each calendar fortnight or at the end of such shorter period as may be fixed in the contract.
(2) Wages shall be paid to office or shop employees at the end of each month or at the end of such shorter period as may be fixed in the contract.
(3) Wages shall in any case be paid where the contract of employment comes to an end.
Art. 2540 – Termination of work.
Without prejudice to the provisions of Art. 2541-2543, the employee shall not be entitled to wages for days on which he has not worked.
Art. 2541 – Absence from work.
(1) The employee shall be entitled to his wages, even where he has done no work, where this is due to the fact that the employer has not given him work or has prevented him from working.
(2) The employer may deduct from the wages the savings which the employee has made by not doing his work and the profits that the employee has gained in carrying out some other work.
(3) Where absence from work is not due to his fault, the employer may also deduct from the wages the profits which the employee could have made, acting in good faith, in carrying out some other work.
Art. 2542 – Employee’s sickness. – 1. Principle.
(1) The employee shall be entitled to half his wages where, after having worked for at least three months, he is prevented from working by reason of sickness not intentionally contracted.
(2) The right to wages shall cease at the end of one month where the employee has worked for his employer during one year or more before ceasing his work, and at the end of a fortnight in other cases.
(3) The employer may deduct from what is due the sums which, under a scheme of compulsory national insurance, are paid to the employee on account of the cessation of his work.
Art. 2543 – 2. Piece-rates and tips.
(1) Where wages are paid for piece work or contract work, regard shall be had, in applying Art. 2542, to the average wages paid to employees who, in the undertaking, are doing the same work as the employee absent through sickness.
(2) Regard shall be had also to the average wages paid to the sick employee in the month preceding his cessation of work.
(3) Where all or part of the wages consist of tips, regard shall only be had to tips which are collected on behalf of his employees by the employer, or which are subject in some other way to rules which permit him to control them.
Art. 2544 – Attachment or assignment of wages.
(1) The wages of an employee may not be attached by his creditors except on the conditions laid down in the code of civil procedure.
(2) They may not be assigned by the employee to a third party, except on the same conditions.
Art. 2545 – Advance on wages.
(1) The employer shall grant advances to an employee in need according to the work which has already been done, where the employer can do so without detriment to himself.
He may not grant an advance to the employee for work which has not yet been done unless the wages of the employee may be transferred by him.
Art. 2546 – Set-off.
(1) The employer may not set-off the employees’ wages unless they may be transferred.
(2) They may, however, be set-off against compensation due from the employee by reason of damage that he has intentionally caused his employer.
Art. 2547 – Deductions from wages.
(1) Where it has been agreed that deductions may be made from the wages, such deductions shall, unless otherwise agreed, be deemed to be made for the sole purpose of compensating the employer for future damage which the employee may cause him.
(2) Such deductions shall not be allowed unless the wages may be transferred.
(3) They shall bear interest from the day on which they are made.
Section 4. Safety precautions to be taken by the employer
Art. 2548 – Principle.
(1) The employer shall take such measures as are required by the special circumstances of the work to safeguard the life, physical integrity, health and moral standing of the employee.
(2) He shall in particular arrange the premises and keep up the equipment in his undertaking with this object in view, in accordance with the general practice and technical requirements.
Art. 2549 – Accidents arising from work.
The employer shall be liable for accidents which the employee suffers arising from his work.
Art. 2550 – Assimilated cases.
The employer shall be liable for accidents which the employee suffers arising from activities which he performs in the interests of the undertaking, notwithstanding that these activities have not been ordered by the employer.
Art. 2551 – Accidents at the time and place of work.
(1) Where the employee performs his work on the premises or at the place assigned to him by the contract of employment, the employee suffers during the time and at the place where he works.
(2) Rest periods belonging to the work shall be regarded as part of the work-time.
(3) Premises placed by the employer at the disposal of the employee during these rest periods shall be regarded as part of the work place.
Art. 2552 – Professional diseases.
(1) The employer shall be liable for diseases which the employee contracts arising from his work.
(2) Administrative regulations for the different industries shall specify what diseases shall, notwithstanding any proof to the contrary, be deemed to have been contracted arising from work.
(3) The employee may at any time claim that he has contracted a disease arising form his work, which is not included in any list.
Art. 2553 – Non-liability of employer. – 1. Fault of employee.
(1) The employer shall be relived of his liability under the preceding Articles where he proves that the accident or disease is due to the intentional act of the victim.
(2) He shall also be relieved of liability where he proves that the accident or disease has happened because the employee has contravened a regulation to which his attention had been especially drawn in writing.
Art. 2554 – 2. Absence of relationship with work.
The employer shall not be liable where he proves that the accident has no connection with the work of the employee nor with the contract of employment with which it is associated.
Art. 2555 – 3. Other causes.
The employer shall not be relieved of his liability for any other cause.
Art. 2556 – Scope of liability. – 1. Medical and other expenses.
(1) The employer shall meet all the medical, pharmaceutical, hospital, and other expenses which the accident or the disease necessitates for the employee and which the latter reasonably incurs.
(2) He shall on the same conditions, meet the funeral expenses, where the empyee dies because of the accident or the disease.
Art. 2557 – 2. Apportionment of wages.
(1) The employer shall, during a period of a year, pay to the employee 75% of his wages from the moment when the employee has had to cease work, where the employee is prevented from working because of the accident or the disease.
(2) The amount due from the employer shall be increased by 5% for each year that the employee has given to the service of the employer, provided the wages of the employee are not exceeded.
(3) This amount may however not exceed five hundred Ethiopian Dollars per month.
Art. 2558 – 3. Obligation of maintenance.
(1) After the expiry of the period laid down in Article 2557 and where the employee is permanently deprived, by reason of the accident or the disease, of half or more than half of his capacity to work, the employer shall maintain the employee and his children who are under age.
(2) Such obligation shall not bind the employer unless the employee cannot obtain maintenance from members of his family.
(3) It shall be governed by the provisions of the Book of this Code relating to “Family Relationship” (Art. 807-825).
Art. 2559. – 4. Serious offences or fraud of the employer.
(1) Where the accident or disease of the employee is caused by an intentional act or the recklessness of the employer, the provisions of Art. 2557 and 2558 shall not apply.
(2) The employee, his family and hi heirs may in such case claim compensation for the damage which they have suffered in accordance with the provisions of the Chapter of this Code relating to “Extra-contractual Liability” (Art. 2027-2161).
(3) There shall be a serious offence where the employer makes a mistake or commits an act of imprudence or negligence such that it can only be explained by the stupidity, recklessness or indifference to the life or health of his employees.
Section 5. Holidays due to the employee
Art. 2560 – Usual hours and days.
The employer shall grant the employee the usual hours and days of rest.
Art. 2561 – Annual leave.
Where the employer uses the whole or main time of the employee, he shall grant the employee a period of annual leave during which time he shall pay him his wages
Art. 2562 – Duration of leave.
(1) The duration of the leave shall be ten consecutive days where the employee has been in the service of the employer for one to five years. It shall be fifteen consecutive days where the employee has been in the service of the employer for five to fifteen years.
(2) It shall be twenty consecutive days where the employee has been in the service of the employer for more than fifteen years.
Art. 2563 – Termination of contract.
Where the contract of employment comes to an end, the employee shall be entitled to his leave for a number of days proportionate to the time that he has worked during the year for the employer.
Art. 2564 – Days to be deducted.
(1) The employer shall deduct from the leave the days that have been taken during the year, at the request or on the initiative of the employee, in advance of his annual leave.
(2) He may not deduct the days that the employee has not worked for some other reason.
Art. 2565 – When leave is to be taken.
(1) The leave shall be granted at the time of the year which is most convenient.
(2) Regard shall be had to the nature of the work and the mutual interests of the employee and the employer shall as far as possible be reconciled.
(3) The employee shall receive notice at least a month in advance of the time when his leave shall be taken.
Art. 2566 – Maternity leave.
(1) An employee who expects a child shall be entitled to one month’s leave during the period of her confinement.
(2) The employer shall pay half her salary, during this leave.
Section 6. Termination of the contract
Art. 2567 – Contracts of fixed duration.
(1) A contract of employment made for a fixed period shall expire at the end of the agreed term.
(2) A contract concluded for the carrying out of a definite piece of work shall expire when the agreed work has been accomplished.
(3) Unless otherwise agreed, no notice shall be required to terminate the contract.
Art. 2568 – Maximum duration of contract.
(1) No person may commit his services for more than five years.
(2) A contract of employment made for the life of one of the parties or for a period exceeding five years shall bind the parties for five years only.
(3) Beyond this period, either party may terminate the contract by giving six months notice.
Art. 2569 – Renewal of contract.
A contract of employment made for a fixed period shall be deemed to be renewed for an indefinite time where, after the elapsing of the agreed term, the employee continues his work without the employer objecting thereto.
Art. 2570 – Contract of indefinite duration.
(1) Where the duration of a contract has not been fixed and does not result either from the nature of the work to be done or from any other circumstance, either party may at any time terminate the contract.
(2) The exercise of the right to terminate the contract shall be subject to prior notice being given by the employer or employee.
Art. 2571 – Period of notice.
(1) Prior notice shall be given at least seven days in advance and shall not be effective until the day on which the next payment of salary falls due.
(2) Where the contract of employment has lasted for more than a year, prior notice shall be given at least two months in advance and become effective at the end of a month.
(3) The employer need not give prior notice to the employee where he pays him immediately his wages for the periods laid down in sub-art. (1) and (2).
Art. 2572 – Reason for termination of a contract.
The employer shall inform the employee in writing, where the latter so requires, of the reason for terminating a contract of employment of indefinite duration or not renewing a contract of employment for a fixed period.
Art. 2573 – Compensation for dismissal.
The employee shall be entitled to fair compensation where the employer terminates a contract or refuses to renew it without good cause justifying fully this decision.
Art. 2574 – Amount of compensation.
(1) In fixing the amount of compensation, the court shall take into consideration the nature and duration of the services of the employee, the seriousness of the faults with which he may have been charged, the financial position of the undertaking and any other circumstances it thinks fit.
(2) The compensation shall not exceed the wages paid during the last six months to the employee.
Art. 2575 – Good cause.
(1) There shall be good cause for the decision of the employer where, in the circumstances, it would not be reasonable to expect the contract to be extended or renewed, having regard to the nature of the work.
(2) There shall also be good cause where the employee does not show in carrying out his work, the technical knowledge, conscientiousness, reliability or speed which could reasonably be expected of him.
(3) There shall also be good cause where the situation filled by the employee is abolished in good faith.
Art. 2576 – Where the employee terminates the contract.
(1) Compensation for dismissal may be paid to the employee, even when the termination of the contract has not been the act of the employer, where the latter, by his maneuvers, has compelled the employee apparently to put himself an end to it.
(2) This shall be the case in particular where the employer has dealt unjustly with the employee or substantially or repeatedly violated the provisions of the contact.
Art. 2577 – Services of trust.
(1) Where the contract of employment relates to confidential matters which require special qualifications, the employer need not reveal the reasons for which he has terminated or not renewed the contract.
(2) In such case, the termination of the contract shall not give rise to a claim fro damages, unless it is proved that it has been purposely done with a view to injuring the other party or without due consideration of the loss which it will cause him.
Art. 2578 – Cancellation of contract. – 1. Principle.
The employer or the employee may, without prior notice, immediately cancel the contract of employment where there exists good cause for cancellation.
Art. 2579 – 2. Non-performance of obligations.
Non-performance, by one party, of his obligations under the contract shall not constitute good cause for its cancellation unless it is sufficiently serious in character, having regard to the circumstances and usages.
Art. 2580 – 3. Involuntary termination of the work.
Where an employee is prevented from working by reason of sickness or some other cause, this shall not constitute for the employer good cause for cancellation where it has not been due to the fault of the employee.
Art. 2581 – 4. Strike.
(1) The participation of the employee in a strike shall constitute for the employer good cause for cancellation where the strike has been instigated with the sole purpose of injuring the employer or has been declared unlawful by law or the public authorities.
(2) It shall in not other case constitute good cause for cancellation.
Art. 2582 – 5. Bankruptcy or insolvency of employer.
Where the employer is bankrupt or insolvent, the employee may not cancel the contract unless the security he has requested to guarantee his wages has not been given to him within a reasonable time.
Art. 2583 – Obligation to compensate. – 1. Unfair cancellation.
Where the contract is cancelled in an unfair manner by one of the parties, this party shall make good the loss suffered by the other party by reason of the unfair breaking of the contract.
Art. 2584 – 2. Justified cancellation.
Where the good cause for which the contract is cancelled by one party involves a violation of the contract or is related to such violation, the party who has failed in his duties shall make good the loss suffered by the other party by the termination of the contract.
Art. 2585 – Death of employee.
(1) A contract of employment shall terminate on the death of the employee.
(2) The heirs of the employee shall not incur, by reason of the contract, any personal obligation.
Art. 2586 – Death of employer.
(1) A contract of employment shall not terminate on the death of the employer, unless his person has been a material element in making it.
(2) Where a contract of employment terminates by the death of the employer, the employee shall be entitled to his wages after the death, as though he had received on that day prior notice of termination of a contract of service of indefinite duration.
Art. 2587 – Transfer of undertaking.
(1) Where the employer transfers his undertaking, the contracts of employment made by him shall continue between his employees and the purchaser of the undertaking.
(2) The employees shall keep the seniority rights that they have acquired before the transfer of the undertaking.
(3) The purchaser shall be jointly liable with the transferor to pay all sums which are due to an employee at the time of the transfer in connection with his work, including sums due by reason of the termination of the contract by the transferor, on condition that the purchaser has been informed at the time of the transfer that these sums were due, or that they are shown to be due to the employee in the books of the undertaking or his work-book.
Art. 2588 – Providing certificate of work.
(1) The employee may demand at the end of his contract that the employer shall give him a certificate showing only the nature of his work and the length of his service, as well as the name and address of the employer.
(2) The certificate shall not include a testimonial concerning the quality of the work done or the conduct of the employee, unless the employee expressly requires his employer to give this testimonial.
Art. 2589 – Provisions for restraint of trade. – 1. Principle.
(1) Where the work given to the employee enables him to meet the clients of the employer or enter into the secrets of his business, the parties may provide that the employee shall not, after the termination of the contract, enter into competitive business with his employer or engage in any was whatsoever in an undertaking which would compete with the employer.
(2) Such provision shall be of no effect unless it is express and made in writing.
Art. 2590 – 2. Restriction.
(1) provisions under Art. 2589 shall not be valid unless they are necessary for the protection of the legitimate interests of the employer and do not impede, in an inequitable manner, the economic future of the employee.
(2) They shall not be valid, in particular, unless they are limited as to time, place and business forbidden to the employee.
Art. 2591 – 3. Penalties.
(1) Whosoever infringes a provision made under Art. 2589 shall be liable for the damage resulting from such infringement.
(2) Where the provision contains a penalty, the employee may, unless otherwise stipulated, discharge his obligation by paying the employer the amount of the penalty fixed.
(3) Provided it is expressly agreed in writing, the employer may, in addition to damages, obtain an injunction restraining the contravention, where such action is justified by the importance of the interests which are injured or threatened by the conduct of the employee.
Art. 2592 – 4. Lapsing of provision.
(1) a provision under Art. 2589 shall lapse where it is proved that the employer hs no material interest in its maintenance.
(2) The employer may not avail himself of such provision where he has cancelled the contract of employment or refused to renew it, without the employee having given him good cause so to do.
(3) Nor may he avail himself thereof where he has himself given to the employee good cause for canceling the contract.
Art. 2593 – Receipt in final discharge.
(1) A receipt in final discharge, signed by the employee, shall only relate to wages due from the employer.
(2) Other amounts that may be due to the employee from the employer shall not be regarded as settled unless they are the subject of special receipts acknowledging their payment or the employee has signed in respect of such amounts a document renouncing his right to them.
Chapter 2. Contracts of particular kinds of work
Section 1. Contracts of apprenticeship
Art. 2594 – Training of apprentice by employer.
(1) The employer bound by a contract of apprenticeship shall undertake to give all his attention to the professional training of the apprentice.
(2) The employee may only be employed on work connected with the particular occupation specified in the contract.
Art. 2595 – Attendance at schools.
(1) The employer shall ensure that the apprentice attend compulsory schools.
(2) He shall grant him the necessary time to attend the schools and professional courses and to sit for apprenticeship examination.
Art. 2596 – Prohibited work.
Except where it is justified by the circumstances, the apprentice may not be employed on night work or on Sundays.
Art. 2597 – Reference to provisions regarding contracts of employment.
The provisions regarding cont5acts of employment shall apply to contracts of apprenticeship.
Section 2. Contracts with a trial period
Art. 2598 – Trial engagements.
(1) The employee may be engaged on trial.
(2) Unless otherwise provided in writing, the employee engaged on trial shall be regarded as having been employed for an indefinite period.
Art. 2599 – Presumption.
In a contract of employment made with domestic servants, the first two weeks shall be regarded as a trial period, unless otherwise agreed.
Art. 2600 – Termination of a trial contract.
(1) During the trial period, either party may terminate the contract without being required to give notice or to pay compensation,
(2) Where the trial is fixed for a minimum time, the right to terminate the contract may however not be exercised before that minimum time has elapsed.
Section 3. Contracts of domestic servants living in
Art. 2601- Health and moral well-being of servant.
Where the employee lives with the employer’s family, the latter shall in regard to living-quarters, food, times of work and rest, take all reasonable steps to safeguard the health and moral well-being of the employee.
Art. 2602 – Obligation to look after the employee. – 1. Principle.
(1) Where an employee who is living with the family of the employer and being fed by the latter falls sick, the employer shall, during the currency of the contract, provide any care which the illness of the employee requires, either by way of medical attendance at his house or by sending the servant to hospital.
(2) Such obligation shall be limited to one month where the illness occurs after at least one year from the beginning of the contract, and to two weeks, where it occurs after at least three months from the beginning of the contract.
(3) The employer may set off any expenses which he thus incurs against the wages that become due during the period of illness.
Art. 2603 – 2. Saving clauses.
(1) The employer shall be relieved of the obligations laid down in Art. 2602 where the illness has been intentionally contracted by the employee.
(2) The employer shall also be relieved where the employee goes into hospital under a scheme of compulsory health insurance.
(3) The employer may not relieve himself of the obligations laid down in Art. 2602 by terminating the contract on the ground of the illness of his employee.
Art. 2604 – Payment of wages.
(1) Unless the contract of employment provides for a shorter term, the wages of the employee living in with the employer shall be paid every three months, with the expiry of the term.
(2) The wages shall in any case be paid where the contract terminates.
Section 4. Contract for agricultural work
Art. 2605 – Principle.
(1) Contracts for the performance of agricultural work shall be subject to the provisions of this Chapter, in particular, where appropriate, to those of Section 3 above.
(2) Nothing shall affect the provisions of the following Articles.
Art. 2606 – Contract for undefined period of time.
(1) A contract made for an undefined period of time may not be terminated by the employer except on giving three months notice.
(2) The period fixed in sub-art (1) shall be increased by one month for each year spent by the employee in the service of the employer or which the employee spent, during his minority, in the undertaking of the employer.
(3) The termination of the contract shall only become effective on the first of Megabit following the day of termination.
Art. 2607 – Employer bound to supply maintenance.
(1) The employer shall supply maintenance to an employee having worked for ten years in a given undertaking.
(2) Without prejudice to the provisions of the following Articles, the obligation to supply maintenance shall be subject to the provisions of obligation to supply maintenance shall be subject to the provisions of the Title of this Code relating to “Family Relationship” (Art. 807-825).
Art. 2608 – Subsidiary nature of obligation.
(1) The employee may not claim maintenance to the detriment of persons bound to the employer by consanguinity or affinity to whom the employer supplies maintenance.
(2) Where persons bound to the employee by consanguinity or affinity are compelled or able to supply him maintenance, the employee may not claim maintenance from the employer.
Art. 2609 – Time limit.
The employer shall not supply maintenance for more than two years after the contract came to an end.
Chapter 3. Contract of work and labour
Art. 2610 – Definition.
A contract of work and labour is a contract whereby one party, the contractor, undertakes to produce a given result, under his own responsibility, in consideration of a remuneration that the other party, the client, undertakes to pay him.
Art. 2611 – Building undertakings.
(1) The provisions applicable to contracts of work and labour relating to an immovable are laid down in the Title of this Code regarding “Contracts relating to Immovables” (Art. 2019-3040).
(2) The provisions of this chapter shall however apply where the total cost of the building to be done does not exceed five hundred Ethiopian dollars.
Art. 2612 – Implied acceptance.
(1) Where a person has publicly offered to execute a certain task or where the carrying out of this task is within his professional duties, a contract of work and labour shall be formed where such person, having received an offer, does not immediately refuse to carry out the task which has been ordered.
(2) The same shall apply where a person is appointed by the public authorities to carry out a certain task and does not immediately refuse to do so.
Art. 2613 – Materials and tools.
(1) The contractor shall provide at his own expense the materials and tools necessary for the carrying out of the task.
(2) It may however be stipulated that he shall only provide his services and that the materials or the tools shall be provided by the client.
Art. 2614 – Materials provided by contractor.
(1) The contractor shall be liable for the good quality of the materials provided by him.
(2) He shall give the same warranties as a seller.
(3) There shall be a contract of sale and not a contract of work and labour where the work which a party undertakes to do has a character of secondary importance in relation to the value of the things which such party provides.
Art. 2615 – Materials provided by client.
(1) Where the materials are provided by the client, the contractor shall use them with care.
(2) He shall render an account to the client of the use which he has made of them and restore to him what remains after the execution of the work.
(3) Where the materials provided to him by the client are defective, the contractor shall immediately give notice thereof to the client.
Art. 2616 – Independence of contractor.
(1) The contractor shall carry out his task as he wishes and shall comply with the rules of his profession.
(2) He shall not be bound to comply with the orders of the client, except in so far as he has agreed, at the time of the contract, to comply therewith.
Art. 2617 – Personal execution of work.
The contractor shall carry out the task in person unless, considering the nature of the work ordered, his personal capacities are not of importance to the client.
Art. 2618 – Delay in execution of work.
(1) Where the contractor delays the carrying out of his task so that it becomes evident that he cannot accomplish it in the time fixed in the contract, the client may fix him a reasonable time limit to begin the execution of the task.
(2) Where the contractor, after this time limit, has not begun the task or has interrupted it in bad faith, the client may cancel the contract without waiting for the expiry of the period laid down for the completion of the task.
(3) Where appropriate, the client may also claim, in such a case, damages from the contractor.
Art. 2619 – Where no time limit has been fixed.
(1) Where no time limit has been fixed in the contract, the contractor shall immediately begin the execution of his task and complete it within a reasonable time in accordance with custom.
(2) The provisions of Art. 2618 shall apply where the contractor does not immediately begin the carrying out of his task or where he interrupts it.
Art. 2620 – Defective execution of the task.
(1) Where it appears, during the currency of the contract, that the task is being carried out in a defective manner or contrary to the contract, the client may fix a reasonable time limit for the contractor to put right the fault.
(2) Where the contractor does not put the matter right within this time limit, in accordance with the rules of his profession and the contract, the client may cancel the contract without awaiting, in order to assert his rights, the term provided for the completion of the task.
(3) He may in addition claim damages from the contractor, where appropriate.
Art. 2621 – Putting work at client’s disposal.
(1) Where the contractor has finished his task, he shall put the result at the disposal of the client at the place fixed in the contract or, in the absence of such a place, at the place where the contractor has his undertaking or residence.
(2) The client shall take over the work immediately in accordance with business practice.
Art. 2622 – Warranty against defects.
(1) The contractor shall guarantee to the client that the work conforms to the contract and is not defective.
(2) The provisions of the Chapter of this Code relating to “Sale” shall apply to the warranty given by the contractor to the client (Art. 2287-2300, 2332, 2344-2346).
Art. 2623 – Time for payment.
(1) The price shall be paid to the contractor where the work has been completed and has been accepted by the client.
(2) Where partial deliveries and payments have been agreed, the price attaching to each part of the work shall be paid at the time of the delivery and acceptance of that part.
Art. 2624 – Price fixed in advance.
(1) Where the price has been fixed in advance, the client shall pay that price.
(2) The contractor may not claim an increase on the ground that the work has required more effort or expense than had been foreseen.
(3) The client may not claim a reduction on the ground that the work has required less effort or expense than had been foreseen.
Art. 2625 – Changes in the agreed work.
(1) The price fixed in advance for the work shall remain the same notwithstanding that changes have been made by a new agreement between the parties in the conditions under which the execution of the work was originally to have been carried out.
(2) Such changes shall not give rise to an increase or decrease in price unless such has been agreed.
Art. 2626 – Price not fixed in advance.
(1) Where the price has not been fixed by the contract, it shall be fixed by the contractor in accordance with professional rates and usages.
(2) In the absence of professional rates and usages, it shall be fixed by reference to the value of the materials provided by the contractor, the work normally necessary to carry it out and the expenses of the contractor.
Art. 2627 – Price fixed approximately.
Where a price has been fixed approximately on the making of the contract, the actual price may not exceed by more than twenty percent the approximation thus made.
Art. 2628 – Right of retention.
(1) The contractor shall have, as a guarantee of the obligations that the client owes him under the contract, a right of retention over such movable goods belonging to the client as he has made or repaired and as are in his possession.
(2) Where the things which the client has entrusted to him belong to a third party, the contractor may set up his right of retention against such third party, unless he knew or should have known that the things were entrusted to him without the knowledge or against the will of the third party.
Art. 2629 – Risks.
(1) Where the materials necessary to the execution of the work have perished by force majeure, their loss shall be borne by the party who has provided them.
(2) The provisions of the Chapter of this Code relating to “Sale” shall apply as regards the transfer of risks (Art. 2323-2338).
Art. 2630 – Death of contractor.
(1) Where the contractor dies or is prevented by force majeure from completing the work, the contract shall terminate where it had been made on the basis of the personal capacities of the contractor.
(2) The client shall accept such parts already executed of the work as he can use and shall pay the price for them.
(3) He may demand that the materials and plans prepared for carrying out the work be delivered to him against fair payment.
Art. 2631 – Unilateral termination of the contract.
(1) The client may at any time terminate the contract.
(2) The contractor shall in this case be entitled to the price that had been fixed.
(3) From this price, there shall however be deducted savings made by the contractor in consequence of the termination of the contract and any advantages that he may have gained by employing his work elsewhere or that he may have failed thus to gain by reason of his bad faith.
Chapter 4. Hiring of intellectual work
Art. 2632 – Provisions applicable.
(1) A contract relating to the performance of services of an intellectual character shall be subject to the provisions of the following Articles.
(2) The provisions of the preceding Chapter shall also apply in so far as they are consistent with these provisions and the relationship involved (Art. 2610-2631).
(3) Nothing shall affect the provisions of special laws relating to the exercise of certains professions.
Art. 2633 – Personal nature of obligation.
(1) Whosoever hires out his work shall carry out his obligations personally.
(2) He may however employ assistants, under his control and on his own responsibility, where such collaboration is allowed by the contract or usual practice and is not incompatible with the object of the contract.
Art. 2634 – Advances by client.
(1) The client shall make an advance payment to the other contracting party for the expenses necessary to carry out the work.
(2) He shall also grant him, where it is the practice, instalments on his remuneration.
Art. 2635 – Excessive payment.
The remuneration agreed between the parties may be reduced by the court where it is so excessive as to be contrary to the etiquette of the profession of the person hiring out his work.
Art. 2636 – Required care and responsibility.
(1) Whosoever hires out his work shall undertake to carry it out in the best interest of his client, conscientiously and in conformity with the practice and rules of his profession.
(2) He shall not be liable to his client, unless he commits an error, having regard to the rules of his profession.
(3) The error may consist in an omission or an act detrimental to his client.
Art. 2637 – Termination of contract. – 1. By the client.
(1) The client may at any time terminate the contract.
(2) He shall in this case compensate the other party for his expenses and pay him a fair remuneration for the work that he has completed.
Art. 2638 – 2. By the other party.
(1) Whosoever hires out his work may terminate the contract at any time.
(2) He shall in such case return to the client any advances that he has received on account of his remuneration and expenses.
(3) The termination of the contract shall be effected, under pain of damages, in such a way that the client will suffer the least possible prejudice thereby.
Chapter 5. Medical or hospital contracts
Art. 2639 – Definition of medical contract.
A medical contract is a contract whereby a physician undertakes to provide a person with medical care and to do his best to maintain him in good health or cure him, in consideration of payment of a fee.
Art. 2640 – Medical profession.
The rules relating to a medical contract shall apply to surgeons, dentists, psychiatrists, radiologists, midwives, nurse and other persons following similar professions concerned with the medical art.
Art. 2641 – Definition of contract of hospitalization.
A contract of hospitalization is a contract whereby a medical institution undertakes to provide a person with medical care from one or several physicians, in connection with a given illness.
Art. 2642 – Formation of contract.
(1) The contract may be made directly between the person in need of medical care and the physician or the medical institution.
(2) It may also be made with the physician or medical institution by a third party, on behalf of the person in need of treatment.
Art. 2643 – Obligation of patient.
Where a contract has been made on his behalf by a third party, the patient shall pay the fees of the physician or the medical institution where:
(a) the person who has made the contract on the patient’s behalf is his father, mother or some other person bound by law or a contract to care for his health; or
(b) he was not capable at the time of the contract of expressing his wishes and it was at that moment essential to provide him with treatment.
Art. 2644 – Obligation of person calling upon physician.
Whosoever makes a contract with a physician or a medical institution on behalf of another shall be liable for the fees of the physician or medical institution where:
(a) he is bound by law or a contract to care for the health of the person to whom the treatment has been given; or
(b) it has been expressly agreed that he shall be personally liable to the physician or medical institution.
Art. 2645 – Reimbursement.
Where a person has paid a physician or medical institution, he shall have a right of reimbursement from the patient who has been cared for.
Art. 2646 – Fees.
(1) The fees of the physician and the medical institution shall be fixed by the contract.
(2) Where not fixed by the contract, they shall conform to usages.
(3) The court may revise the amount of fees fixed in the contract where they are so excessive as to be contrary to the etiquette of the medical profession.
Art. 2647 – Liability of physician.
(1) A physician shall not be liable to the person towards whom he is bound under the contract unless he commits a fault, having regard to the rules of his profession.
(2) The fault may consist in an omission or an act detrimental to the patient.
(3) The physician shall be liable in particular where he abandons without good cause the patient he has undertaken to care for an fails to arrange for his substitution in accordance with usages.
Art. 2648 – Guarantee of cure.
A physician shall not guarantee the success of his treatment unless he has expressly assumed this obligation in writing.
Art. 2649 – Personal nature of obligation.
(1) A physician who undertakes to treat a person shall carry out his obligations personally.
(2) He may however employ assistants under his control on his own responsibility.
(3) He shall in such case be liable, in accordance with the provisions of the Chapter of this code relating to “Extra-contractual Liability” (Art. 2130-2133), for any damage caused to the patient by the fault of one of his assistants.
Art. 2650 – Liability to third parties.
(1) Only the husband or wife of a sick person or his ascendants or descendants may, in the case of a mortal accident due to the fault of the physician, claim from the physician compensation for the loss which they have suffered through the death of the sick person.
(2) Compensation shall not be due on account of moral loss suffered by these persons unless the death of the sick person has been due to the intentional act of the physician.
(3) No other persons may claim compensation in their own right by reason of the death of the sick person, notwithstanding that they are able to prove that the latter rendered them material assistance or that they were maintained by him.
Art. 2651 – Liability of medical institution. – 1. Medical treatment.
The medial institution shall be civilly liable for the damage caused to a sick person by the fault of the physician or auxiliary staff which it employs.
Art. 2652 – 2. Board and lodging.
Where the sick person, for purposes of his treatment, is lodged and fed by the medical institution, such institution shall, as regards its obligations and responsibility arising from that lodging and feeding, be subject to the provisions regarding innkeepers’ contracts (Art. 2653-2671).
Chapter 6. Contracts of innkeepers
Art. 2653 – Definition.
(1) An innkeepers’ contract is a contract whereby a person who exercises the occupation of innkeeper undertakes to lodge a client during one or several nights.
(2) Where the lodging is provided for a month or more, there shall be a contract of letting and not an innkeepers’ contract.
Art. 2654 – Duration of contract.
(1) Unless otherwise provided, hotel rooms shall be engaged from mid-day to mid-day.
(2) The innkeeper may demand that the room, if not re-engaged by the client, be vacated by him at mid-day.
Art. 2655 – Renewal of contract.
A room occupied by a client shall be deemed to have been engaged for an additional day where the client or the innkeeper has not expressed before mid-day his intention not to extend the contract.
Art. 2656 – Equipment.
The innkeeper shall provide the client, in addition to given rooms, with furniture and equipment necessary for lodging, such as light and heating, in accordance with the class of the hotel and usages.
Art. 2657 – Care of luggage.
The innkeeper shall receive the client and look after his luggage without having any right to additional payment, from the morning when the room is engaged until the evening of the day when it is to be vacated.
Art. 2658 – Innkeepers’ warranty.
(1) The innkeeper shall warrant to the client that the rooms engaged by him and those parts of the hotel used in common are habitable, healthy and safe.
(2) Where he provides the client with food or drink, he shall also warrant that they are sound and harmless.
(3) He shall be relieved of his liability under this Articles where damage is due to force majeure or the client’s fault.
Art. 2659 – Caterers and café proprietors.
Caterers and café proprietors shall similarly warrant to their clients that the food and drink provided by them are sound and harmless.
Art. 2660 – Reservation of rooms.
(1) A client who has engaged a room for a specified day and who has received from the innkeeper notice that the room has been reserved for him shall pay the price of this room for a day, even where, on account of force majeure, he has not occupied it.
(2) He shall not be relieved of this obligation unless he has notified the innkeeper in due time that he has renounced to contract and the innkeeper, after receiving notice, was able to let to a third person the room that had been reserved.
(3) Unless otherwise provided, compensation shall be due for one day only, notwithstanding that the room had been reserved for several days and payment agreed by the week or month.
Art. 2661 – Cancellation of contract.
(1) Where the room has been engaged for several days, the contract shall be cancelled where the client does not occupy it on the day fixed by him.
(2) The innkeeper shall not be liable where, in this case, he lets the room to another person, unless he has received notice from the client, or anyone acting on his behalf, that the client wants the room to be kept.
(3) Where the innkeeper has received an advance, he shall put the room at the disposal of his client in so far as he is covered by this advance.
Art. 2662 – Right of retention.
(1) The innkeeper may retain the property brought into the hotel by the client until the total payment due to him on account of the client’s stay at the hotel has been made.
(2) He shall have in relation to such property the rights and benefits of a pledge.
Art. 2663 – Principle of liability.
(1) The innkeeper shall have the same liability as a paid bailee for the things that his clients have brought into the hotel.
(2) Evidence that the things had been brought into the hotel by a client may be adduced by any means.
Art. 2664 – Limitation of liability.
The innkeeper’s liability shall be limited to a total sum of five hundred Ethiopian dollars.
Art. 2665 – Unlimited liability. – 1. Fault or actual deposit.
The liability of the innkeeper shall however be unlimited where:
(a) the loss is due to the fault of the innkeeper or a member of his family, or a member of his staff: or
(b) the loss occurs to the things which the client has especially deposited with the innkeeper.
Art. 2666 – 2. Refusal of actual deposit.
(1) The liability of the innkeeper shall also be unlimited where the loss occurs to the things that the innkeeper has refuse, without good cause, to have deposited with him.
(2) There shall be good cause where the goods possess an excessive value or are unwieldy having regard to the standing of the hotel and the available accommodation.
Art. 2667 – Non-liability.
(1) The liability of the innkeeper shall cease where he can prove that the removal, loss or deterioration was due to the fault of the client himself, or persons who have visited or accompany him or are employed by him.
(2) He shall also be released from liability where the loss or deterioration is due to the nature of or a defect in the thing or to force majeure.
Art. 2668 – Obligation to give notice.
The innkeeper shall be released from liability where the client does not notify him of the damage as soon as he knows of it.
Art. 2669 – Provision of non-liability.
Any provision excluding or limiting the liability of an innkeeper shall be of no effect.
Art. 2670 – Scope of the law.
(1) The provisions of this Chapter shall apply from the time when the things enter the hotel, unless the client, having sent them in advance, does not arrive.
(2) They shall also apply to things, such as carriages, motorcars, live animals, accommodated in premises adjacent to the hotel or put at the disposal of the clients by the hotel.
Art. 2671 – Establishments similar to hotels.
The provisions of the Chapter shall apply to the management of medical institutions, convalescent homes, public places of entertainment, bathing establishments, boarding houses, restaurants, sleeping-cars, public stables and other establishments of a similar nature.
Chapter 7. Publishing contracts
Art. 2672 – Definition.
A publishing contract is a contract whereby a party, hereinafter called the author, assigns in whole or in part his incorporeal rights in a literary or artistic work to the other party, hereinafter called the publisher, who undertakes to reproduce or produce the work and to distribute it to the public.
Art. 2673 – Obligation to disclose.
Where all or part of the work has already been assigned to another publisher or has been otherwise published to the author’s knowledge, the latter shall inform the publisher thereof before the contract is entered into.
Art. 2674 – Form of contract.
The authorization given by the author to reproduce or produce his work shall be explicit.
Art. 2675 – Assignment of future works. – 1. Conditions.
(1) The assignment by the author of a work which he has not yet executed shall be valid where it relates to a work or works, sufficiently well-defined, which, in the estimation of a reasonable person, the author can complete within a period not exceeding two years.
(2) Where the author has assigned his rights in future works beyond this limit, he may at any time, notwithstanding any provision to the contratry, terminate the contract and retain the payments made to him by the publisher.
Art. 2676 – 2. Publisher’s prior right.
(1) An author who has terminated his contract shall be bound for a period not exceeding five years from the date of termination of the contract to assign his rights to the publisher in preference to any other person.
(2) He shall inform the publisher of such conditions as are proposed to him by third parties for the acquisition of these rights.
(3) The publisher shall, under pain of loss of right, declare within a reasonable period whether he intends to avail himself of his prior right.
Art. 2677 – Effect.
(1) The contract shall transfer to the publisher the author’s copyright in his work, in so far as the performance of the contract requires such transfer, in accordance with the provisions of this Title.
(2) The parties may depart from these provisions where the law does not expressly forbid the provision substituted therefore.
(3) In cases of doubt, the provisions of the contract shall be interpreted in favour of the author.
Art. 2678 – Restrictive interpretation.
(1) The authorization given to the publisher to deal with the work in a certain manner shall be interpreted restrictively.
(2) The publisher may not deal with the work otherwise than provided in the contract.
Art. 2679 – Authorised methods of dealing with work.
(1) However general the terms of the contract, the publisher shall acquire the right to deal with the work by such methods only as the parties had in view or ought to have had in view on the making of the contract.
(2) In this respect, regard shall be had to the estimation of a reasonable person.
Art. 2680 – Modification and translation.
An authorisation to reproduce or produce a work shall not imply an authorisation to adapt it, to modify it or to authorize its translation.
Art. 2681 – Recording of broadcast works.
An authorization to broadcast a work shall not imply an authorization to record, by means of a machine involving the fixation of sounds or image, the work broadcast.
Art. 2682 – Separate and complete works.
(1) The right to publish the works of an author separately shall not imply the right to publish them in the form of a complete edition.
(2) The right to publish the complete works of an author, or a certain class therof, shall not confer upon the publisher the right to publish separately the various works they comprise.
Art. 2683 – Author’s warranty.
The author shall warrant the publisher that he possesses and has the right to assign the literary or artistic copyright which he transfers to the publisher under the publishing contract.
Art. 2684 – Rights transferred to the publisher.
(1) So long as the editions which the publisher has the right to issue are not out of print, the author may not dispose of the work or any part thereof to the publisher’s prejudice.
(2) Contributions to a collective work, or articles, may not be republished by the author before the expiration of three years from the date when the first publication was completed.
Art. 2685 – Conflict between two publishers.
(1) Were the author, having assigned his rights to a publisher, assigns the same rights to another publisher, the contract concluded with the latter shall be valid unless he knew of the first contract.
(2) The author shall make good the damage done to each publisher.
Art. 2686 – Reproduction of the work.
(1) The publisher shall reproduce the work in an appropriate form, without abridgements, additions or modifications.
(2) He shall ensure publicity for the work and take the usual steps to ensure its distribution.
(3) He shall fix the selling price.
Art. 2687 – Author’s corrections.
(1) The author may at any time make corrections or improvements to his work, provided that they do not prejudice the publisher’s interests or increase his liability.
(2) Where such corrections or improvements involve the publisher in expense, the author shall indemnify him for it.
Art. 2688 – New edition.
Before issuing a new edition or a new impression, the publisher shall give the author an opportunity of improving his work.
Art. 2689 – Authorised editions and impressions.
(1) Unless otherwise agreed, the publisher shall have the right to publish only one edition of the work.
(2) Where the contract fails to specify how many copies an edition shall comprise, the publisher shall determine the size of the impression.
Art. 2690 – Edition out of print.
(1) Where the contract authorizes the publisher to publish several editions or all the editions of a work, the author may, when the last edition of the work becomes out of print, allow the publisher a period of one year within which to issue a new edition.
(2) The publisher shall forfeit his rights where he fails to do so within this period.
(3) Any provision to the contrary shall be of no effect.
Art. 2691 – Effect in the case of successive editions.
(1) Where the publisher is entitled to issue several editions, the conditions agreed upon for the first edition shall be deemed to apply to each subsequent edition.
(2) The provisions of sub-art. (1) shall apply in particular to the conditions relating to the author’s remuneration
Art. 2692 – Author’s remuneration. – 1.. Principle.
(1) A person assigning a work for publication shall be deemed to be entitled to a remuneration unless there are circumstances justifying the assumption that he agreed to forego any remuneration.
(2) In the absence of agreement between the parties, the remuneration due to the author shall be fixed by the court in accordance with equity.
Art. 2693 – 2. Free copies.
(1) The author shall be entitled to a certain number of free copies.
(2) In the absence of any provision in the contract, the number of these copies shall be fixed by the court in an equitable manner.
Art. 2694 – 3. Payment.
(1) The author’s remuneration shall be due as soon as the work is ready for sale.
(2) Where the parties have agreed that the author’s remuneration shall depend either wholly or partly on the expected sales, the publisher shall submit proofs of sale to the author at agreed intervals.
(3) Failing any provision to the contrary, the publisher’s accounts shall be rendered to the author during the first month of each year.
Art. 2695 – Loss of work. 1. Before publication.
(1) Where, after its delivery to the publisher, the work is accidentally lost or destroyed before publication, the publisher shall pay the author his remuneration.
(2) Where the author has a copy of the lost work, he shall place it at the publisher’s disposal.
(3) In other cases; he shall do the work again, against reasonable compensation, where this can be easily done and the publisher so requests.
Art. 2696 – 2. After publication.
(1) Where the edition made ready by the publisher is accidentally lost or destroyed, wholly or partly, the publisher may replace the lost copies at his own expense.
(2) The publisher shall replace such copies where he can do so without unreasonable expense.
Art. 2697 – Lapse of contract.
(1) A publishing contract shall lapse where the author dies or becomes incapable before the work is completed or where, without his fault, he is prevented from completing it.
(2) The death or incapacity of the publisher shall not terminate the contract.
(3) Where the publisher is declared bankrupt, the author may entrust the work to another publisher, unless he is given security for the performance of those of the publisher’s obligations which have not been performed at the time when the bankruptcy is declared.