The Rwandan Commercial Law Books Series 6
ISBN 978 90 361 0445 6
Labour law has become a complex branch of the law constituted of a body of rules which governs the relationship between employers and employees. The main characteristic of the employer-employee relationship is the position of subordination in which the employee is placed. The position of subordination exists when an employee works under the command, authority and control of an employer.
The objective of labour law is, therefore, to establish an appropriate balance in interests, rights and obligations between the employer and the employee.
This book explains how the relationship between employers and employees operate both at individual and collective level. It provides the institutional, legal and regulatory framework for labour relations in Rwanda, and the case law illustrating the law in action.
The book comprises of two parts. The first part deals with individual employment relations concerning the rights and duties of the parties, working conditions and settlement of individual disputes. The second part examines collective employment relations which include subjects such as trade unions and employers’ associations, collective bargaining and industrial conflicts.
Adopting an academic approach, this book is suitable for law students, law practitioners and others who need a working knowledge of the law.
Dr. François-Xavier Kalinda is a senior lecturer at the University of Rwanda, School of Law. He teaches Labour law and Social Security, Intellectual Property
Law and Advanced Research Methodology.
The Rwandan Commercial Law Books Series 5
ISBN 978 90 361 0446 3
It is well known that economic development involves a substantial increase on the number and complexity of business transactions along with increasing specialization and division of labour into production and service delivery, as well as increased international trade and investment. It is also recognized that the legal framework governing business transactions is central to the development of the private sector.
In order to promote investment confidence, an enabling legal environment through an effective and efficient system of commercial dispute resolution is a necessity. In Rwanda, commercial disputes can be resolved through commercial courts or using arbitration and other alternative dispute resolution mechanisms.
This book is devoted to these two modes of settling commercial disputes.
The Rwandan Commercial Law Books Series 3
ISBN 978 90 361 0444 9
This piece of work authored by Fidèle Masengo, Didas Muganga Kayihura and Elvis M. Mbembe through the support from the Institute of Law Practice and Development (ILPD) intends to digest and make the Company Law 2009 as well as its subsequent 2010 amendment more comprehensible and understandable to their end users especially from academia, Legal practitioners and the judiciary. This work becomes more relevant and inevitable especially that, having been highly influenced by the common law, the Company Law 2009 turns us to a different mindset altogether from its civilist predecessor (the 1988 Law on Commercial Enterprises) that governed companies and other business associations.
It brings to book some new concepts and terms to the Rwandan Legal system that, where not elaborated, explained and contextualized, would lead to confusion of Law students and/or practitioners reading and applying this law, but from its predecessor’s (1988 law) background.
Rwandan legal system that used to be purely civil with a remarkable influence from the Belgian and French legal systems has, since the 2004 judicial reforms, embraced a somewhat mixed legal system that incorporates both civil and common law best practices. Rwandan new Commercial laws including the company law thus, have today not only responded to this trend but have as well considered the globalization and its impact in the global trade and practice. This piece of work interprets company law provisions from the Rwandan law perspective but with consideration to what takes place elsewhere in the world.
The Rwandan Commercial Law Books Series 4
ISBN 978 90 361 0443 2
This book on personal and real security offers a detailed and often critical overview of Rwandan law on security interests. We have been fortunate enough to be involved from the sidelines in the making of this volume by our dear Rwandan colleagues from the Institute of Legal Practice and Development. What a pleasure for heart and mind it happened to be: a wealth of knowledge, not only the technical details on the law as it stands, but on the law as it could have, or should have been, on the law how it used to be and came to be developed.
This is invaluable in a world, where too often culture and language keeps jurisdictions behind national bars. Rwandan law on security interests has been opened up by our friends from Rwanda, to legal practitioners, academics, and all those with a keen interest in the dynamics of a legal order in a transforming society.
Dr. mr. Michael Milo, Associate Professor at the Molengraaff Institute for Private Law, Utrecht University, the Netherlands. He has taught (honours) courses on property law, tort law, contract law, comparative law, procedural law and legal history, to law school students, Dutch and foreign, attorneys and judges, in Utrecht.
Dr. Sonja Kruisinga, Associate Professor at the Molengraaff Institute for Private Law, Utrecht University. She is specialized in company law and contract law. She has a special interest in European and international aspects of company law and contract law.
The Rwandan Commercial Law Books Series 2
Institute Of Legal Practice And Development, Nyanza
16,5 x 24 cm
ISBN 978 90 361 0362 6
Contract law is an important subject for the business managers entering into contracts with suppliers of goods and services, employees and customers. Contract Law is also basic to other fields of law covered by the Business Law Reform Project like business associations, secured transactions and Negotiable instruments.
Due to the increasing demands of modern commercial transactions, contracts which were never catered for by the general framework of the Civil Code Book III, had to be concluded. Consequently new laws had to be enacted so as to safeguard the rights and obligations of the parties, such as transport and transport agents, pledge of business assets, insurance and leasing. This illustrates the gaps in the general framework of Contractual Obligations.
The main sources of the new law governing contracts are the American Restatement of The Law, Second, Contracts, a Restatement of the Common law of the States of the United States of America but various adjustments, modifications, and adaptations have been made to make it appropriate to the Rwandan context.
The new law governing contract is comprised of 165 articles in six chapters with substantial provisions and two chapter on General provisions, final and transitional provisions.
The original version is in English but the Law was voted in Kinyarwanda and the English original version reviewed accordingly. Sometimes legal terms accepted in Common Law were lost in translation, which makes the provisions of the law in the English version sometimes incomprehensible.
This book offers the context to the provisions of the enacted law to enable users to understand the spirit and the provisions of the law. Where necessary, the right terminology of the original version in English is used to enable local professionals used to the Civil law terminology to get the right translation in English and to enable outside users used to the Common Law terminology to understand the English version of the law.