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Parliament Approves Draft Law on Obligations and Legal Responsibilities

The Chamber of Deputies has approved a draft law governing obligations and related legal responsibilities. The proposed legislation aims to establish a clear legal framework for obligations arising from contracts, quasi-contracts, wrongful acts, and other legal relationships.

Justice Minister and Attorney General Dr. Emmanuel Ugirashebuja explained that the law defines obligations as legal relationships between at least two parties, where one party is required to act or refrain from acting for the benefit of the other. These obligations may be contractual, quasi-contractual, or non-contractual, and they play a crucial role in shaping legal interactions between individuals and businesses.

The draft law consolidates and modernizes existing legal provisions, particularly those outlined in Rwanda’s 2011 contract law. Minister Ugirashebuja noted that while the current law covers standard contractual obligations, it does not address special contracts or obligations that arise outside of formal agreements. The new legislation aims to bridge these gaps while harmonizing different legal provisions into a single, comprehensive framework.

Additionally, the draft law reinstates relevant provisions from Rwanda’s former civil code, ensuring that legal principles crucial to social and economic interactions remain in place. “These provisions have been reintroduced because they remain applicable to contemporary Rwandan society,” Minister Ugirashebuja explained. The law also refines and updates certain articles to align with Rwanda’s evolving legal landscape.

Recognizing Rwanda’s integration into the global legal community, the drafting process drew from international legal frameworks, particularly those of Canada and select French-speaking countries. The law covers a wide range of legal matters, including mandates, sales and exchanges, leasing, lending, deposits, guarantees, service contracts, and dispute resolution mechanisms.

Minister Ugirashebuja highlighted new legal concepts introduced in the draft law, including commercial representation, standing payment agreements, transport contracts, and agency agreements in business transactions. These provisions seek to formalize practices that were previously in use but lacked clear legal backing.

The proposed legislation is extensive, comprising 756 articles divided into three sections. The first section outlines general principles of obligations, with 152 articles condensed into two key themes. The second section, covering contracts and quasi-contracts, consists of 571 articles structured into three main areas. The third section, addressing liability for wrongful acts and concluding provisions, contains 33 articles grouped into seven thematic areas.

During the parliamentary session, MP Kanyange raised concerns about the law’s complexity, questioning whether it might be too difficult for ordinary citizens to understand. She also inquired about the strong influence of legal frameworks from French-speaking countries in drafting the legislation.

Minister Ugirashebuja acknowledged the law’s broad scope but emphasized that it largely codifies legal principles already used by Rwandan courts. “These principles have long been applied by judges, but incorporating them into law ensures consistency and clarity,” he explained. The decision to reference Canada’s legal framework, he added, was aimed at enhancing precision and uniformity.

Following the minister’s presentation, MPs voted on the draft law’s general principles. Out of 77 deputies present, 76 voted in favor, none opposed, and one abstained.

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