Mortgaging Rural Land Use Right by Peasants in Ethiopia; The  Law And Practice in West Gojjam Zone of Amhara National  Regional State

Achamyleh, Animaw

dc.contributor.author	Achamyleh, Animaw
dc.date.accessioned	2022-11-18T08:25:15Z
dc.date.available	2022-11-18T08:25:15Z
dc.date.issued	2022-09
dc.identifier.uri	http://ir.bdu.edu.et/handle/123456789/14484
dc.description.abstract	This paper reviews mortgaging rural land use right by peasants in Ethiopia in general and the ANRS in particular, with special reference of West Gojjam Zone. The study found that both the ANRS rural land proclamation 252/2017 and Movable Property Collateral Proclamation 1147/2019 have entitled peasant rural land holder to access credit from Financial Institutions by collateralizing their use right of land. Despite off the recognition of this right, however, there are gaps and inconsistencies among these laws. These include, the prohibition of the land transfer rights of the mortgagor farmer, empowering different registering body of security right and determination of enforcement mechanisms. The assessment of the practice in the study areas reveals, except ACSI, none of the financial institutions have been giving loan to farmers through taking their rural land use right as collateral. The reasons are basically lack of awareness about the existence of the legal recognition of such right of the peasant and fear of risks of default. On the other hand, the loan system of ACSI against collateral of rural land use right of peasant has gaps. Among others, the maximum amount of loan money that has been given is low. The contract period of the security agreement is a maximum of five years, discouraging long term investment. The terms of the security contract that are concluded between ACSI and peasants are favorable to the lender, in terms of, for instance, default clauses. Also due to the contract of rural land use mortgage, ACSI possesses the secondary level land holding certificate. In addition, the wereda rural land administration and use office have been, without any legally prescribed power, attaching the transfer right of the grantor peasant. This in turn, against the clearly provided laws and economical purpose of the laws, has been affecting the rights of the grantor peasants. With the aim of solving these legal and practical gaps, the paper recommends that legislators should either amend the existing laws to have consistent laws or enact a single comprehensive legislation. Also it recommends, separate and generic financial institution should be established by the government with the sole aim of extending credit to peasants of the country and the region, through taking their rural land use right as collateral. Furthermore, it recommends that the ACSI standard form of contract, which similarly applies to all rural land use right mortgage contracts concluded with peasants, should be amended in line with the relevant rural land and security transaction laws of the country.	en_US
dc.language.iso	en	en_US
dc.subject	Land	en_US
dc.title	Mortgaging Rural Land Use Right by Peasants in Ethiopia; The Law And Practice in West Gojjam Zone of Amhara National Regional State	en_US
dc.type	Thesis	en_US