University of Rwanda
College of Arts and Social Sciences
School of Law
Undergraduate Program: Module Description 2014-2015
LL.B I
Subject Code
Name of the Module
Legal Theory
Component 1: Formal Logic
LAW1101
Credits
20
5
Semester
1
1
Objectives:
After completion of this course, students should be capable of conducting their arguments with prudence and
reasoning in the research; building and demonstration of truth.
Content:
- Preliminary notions: judgment, affirmation, logic truth, ontological truth, abstraction;
- Terms: definitions, properties of the term, law of extension and comprehension, analysis of comprehension,
propositions, and modalities of propositions;
- Reasoning, immediate deduction, convention and opposition, mediate deduction or syllogism, rules of
syllogism, rules of terms, rules of propositions, figures and modes of syllogism, various types of syllogism and
various presentation of syllogism;
- Conditions of certainty: truth and error; sophisms and refutation, criteria of certainty, methods, nature and
importance, general procedures;
Component 2: History of law
7.5
1
Objectives
At the end of the course, the students should be able to trace the evolution of the legal thinking throughout centuries
and that of the Roman and Napoleonic law given that these laws are still largely influencing the Rwandan civil law.
Content :
- Roman law of persons
- Evolution certain aspects of Romano-Germanic law of persons
- Roman law of contracts
- Property
- General study of emancipation
- Possession
- Ownership
- Evolution of Rwandan law
This content should be maintained by adding on the Rwandan customary law and the evolution of Rwandan
political institutions. However, it’s of no use teaching the Greek, Mesopotamian or Egyptian laws because they had
no influence on the modern law.
Component 3: Sociology of law
7.5
1
Objectives
At the end of the course, students should be able to know the influence of the culture on law and vice-versa. They
should as well be able to analyse economical, social, political and cultural problems that affect changes and
evolution of law.
1
Content:
- Law and society;
- Socio-cultural factors of the evolution of the law;
- The process of making laws in the society, etc.
LAW1103
Research skills
Component 1: Introduction to scientific research
15
10
1
1
Objectives :
Teaching this course will allow students to carry out research using different sources of law. It will help them
understand how to consult legislations, jurisprudence and textbooks available in the library and on internet. The
study of this course will enable students to produce a scientific piece of work.
content:
- Discussing different sources of law; their structure and how they are consulted ;
- Desktop and computerised research ;
- Different rules of writing a scientific piece of work;
- Citation of footnotes, endnotes and bibliography;
- Teaching methods of consulting the legislation, jurisprudence and textbooks, preparation of the work,
drafting the text, adaptation of the cited texts, citing different sources and the bibliography.
Distribution of hours will be as follows: 45 hours, i.e. 15 of theory and 30 hours of course work. A particular
emphasis will be put on the research on internet. It therefore requires that students do this course after they have
done the computer course.
Component 2: Introduction to ICT
5
1
Objectives:
Content:
LAW1102
Introduction to Law
20
1
Component 1: General Introduction to law
5
1
Objectives :
At the end of the course, the students should be able to explain the general principles that regulate law in its entirety
and carry out a specific study in different fields of law.
Content:
- Scope, characteristics and branches of law
- Sources and origin of law
- Interpretation of rules of law
- Subjective laws and their holders
- Application of rules of law
Much emphasis should be put on practical aspects of the course. This will enable students to familiarize with
reading and understanding of legal texts and case laws. The rule of law should also be emphasized.
Component 2: Introduction to Private Law
7.5
1
Objectives:
To explain particularities of private law as compared to other fields of law. To give basic notions of different
aspects of private law (civil, commercial and labour law) for preparing students to understand the course of private
law as such.
2
Content:
- The place of private law in the system of law: its scope and distinction from the public law, criminal law,
substantive private law and civil procedural law and judicial organisation.
- Different areas within private law: civil, commercial, labour and consumer protection law.
- Concept of persons: physical and moral, nationality, civil status, the capacity of physical persons to
exercise their rights and its limitations, merchants, commercial companies and associations.
- Private law as a set of rules governing relationships among persons; notion – issue – of equality of persons and
the liberty to enter into legal relations: family relations, economic inequalities, civil contract including the
contract of adhesion, act of commerce, tort liability, state-controlled private law meant for the protection of the
weaker party (employees, children, consumers…), matrimonial regime and child-parent relations, legacies and
family solidarity.
- The interpersonal relations outside contracts: tort liability.
- Socio-legal relations of persons with things: ownership and possession of moveable and immovable property,
corporeal and incorporeal; particularity, form and use of money.
Component 3: Introduction to Public Law
7.5
1
Objectives:
This course aims at providing students with an introduction to public law, both substantive and procedural public
law. The student should be able to distinguish between public and private law, and understand the relationship
between different branches of public law.
Content:
The place of public law in the system of law: its scope and distinction from the private law, substantive
public law and procedural law ;
Different areas within public law;
Relationship between state and other persons;
The character of public law relations;
The legal norms applicable to public law relations;
Parties to a public law relation;
Some indication on the difference between constitutional law, administrative law and criminal law
LAW1204
Family Law
15
1
Objectives:
At the end of the course, students should be able to understand the concepts «physical person » and « moral
person », and master the aspects of status and capacity of physical persons. They should be able to explain different
components of family law and appreciate the contribution of Rwandan customary law to the written law.
Content:
- Law of physical persons
o Personality,
o Identification,
o Civil status,
o Capacity;
- Family law
o Marriage,
o Divorce and separation,
o Parentage and filiation,
o Tutorship.
3
LAW1205
General Public Law
Component 1: Constitutional Law
20
10
2
2
Objectives:
To offer a general training in constitutional law by acquiring fundamental notions of the constitutional law
(its origin, sources, principles and methods).
To understand the institutional mechanisms permitting to legally handle a legal or de facto issue affecting
the constitution.
To explain different political institutions of the country and their respective attributions.
Content:
Notion of the constitution (different kinds of constitutions);
Rwandan constitution: status, procedures for adoption, amendment, etc.;
Fundamental principles of constitutional law;
Concepts about the state;
Political regimes;
Branches of government and balance of powers (legislative, executive and judiciary power);
electoral regimes
Citizenship and the administration of justice (Rules concerning nationality and the relevance of nationality,
legal position of foreigners, fundamental rights and liberties, constitutional protection of vulnerable groups,
judicial review of administrative action);
Specific items (War, treaties, National defence and security, emergency state, etc.);
political institutions;
procedure of amending the constitution and transitional provisions;
Organs and consultative councils (e.g.: High council of press, National council of women; National youth
council)
Independent administrative authorities (Office of Ombudsman, the office of the Auditor-General of State
finances, Gender monitoring office)
National commissions (National commission for human rights; National Unity and
reconciliation commission; National Commission for the fight against genocide; National electoral
commission; Public service commission).
Component 2: General Criminal Law
10
2
Objectives:
After completion of this course, the student should know the role of substantive criminal law and how it is different
from other related courses, the role of criminal law and criminal procedure in a democratic society, including basic
concepts such as the principle of legality and its consequences. The student should understand the structure of
crimes, their penalties, and the causes erasing criminal responsibility. The student gains a first insight in the
structure of the criminal procedure.
Content:
- Evolution of criminal law;
- Differentiation of criminal law and other related courses;
- Principle of legality;
- The structure of crimes (elements, classification);
- Criminal participation;
- Concourse of crimes;
- Causes of non-responsibility (subjective and objective);
- Causes and circumstances influencing the sentence;
- Theory of causation;
- Penalties (variety, height, determination, execution);
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- Suspension and extinction of sentence.
LAW1206
Principles of Economics and Accounting
20
2
Component 1: Introduction to Economics
10
2
Objectives:
At the end of this course, students should be able to draw a distribution of national income and contribute to
solution of problems resulting from production, distribution and consumption of goods and services.
Content:
Subject and historical background of economics, particularities of economics, and economic activity in the frame
work of the nation, specific study in the formation of national product, determination of goods and services,
national income and its distribution, national expense.
Component 2: Principles of Accounting
10
2
Objectives:
At the end of this course, students should be able to make an interpretation and critical analysis of balance sheet.
Content:
Balance sheet, service firms, their operations, and regularization and accounting tables, commercial firms, stores,
diary accounting book and auxiliary books, final statement of financial year, depreciations and reserves,
determination of trading results, closing and reopening of accountants, analysis of balance sheet, profitability of
firms, Rwandan accounting system and accounting plan.
LAW1207
Skills of Oral and writing Expression
10
2
Objectives:
This course aims at:
- Facilitating student to efficiently write for all useful goals. The course will facilitate student to make
paragraphs, to select and organize useful information, to recognize and apply conventions of formal
correspondence, drafting of reports, structure of story, cohesion and coherence.
- Helping students to know linguistic functions which can be immediately used when writing or speaking : to
ask or express an opinion, to summary, to interrupt, to make recommendations, propositions, suggestions,
to persuade, to insist, to ask, to give advice, to give explanations, to give arguments, to present an issue, to
express a claim, to make comparisons, etc.
- Helping students to know technical legal language.
Content:
- Exercises of drafting notes and memos, letters, application letters, reports, narrative writings and
dissertations, curriculum vitae, findings of an inquiry.
- In order to gain oral competences, students will do all oral activities such as: dramas, sketches, narrating,
stories, and debates.
LL.B-II
Subject Code
Name of the Module
Credits
Semester
LAW2108
Contract and Tort Law
20
1
Component 1: Law of Contracts
7.5
1
Objectives:
At the end of course of this course, students should be able to set differences between all sources of obligations.
They should know the general regime of obligations (modalities, transfer and termination of obligations)
Content:
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- General notions of contract
- Conditions of making a contract
- Nullities of contract
- Effects of the contract between parties and towards third parties
- Forms and modalities of execution, transmission, causes and modalities of termination of obligations
- Notions on civil contractual liability
- Quasi-contracts
Component 2: Tort Law
7.5
1
Objective:
At the end of this course, students should be able to make distinction between tort liability, contractual civil liability
and criminal liability. They should know the basis, generating factors, conditions and causes of exoneration of tort
liability.
Content:
- general overview on tort liability
relationship between tort liability and contractual liability
- responsibility for personal action
- responsibility for third party action
- responsibility for damage caused by things
- responsibility for damage caused by defected products
- compensating victims of traffic accidents
- Appraisal of the classic system of civil liability and modern evolution of theory of responsibility.
LAW2109
Property and Land Law
15
1
Objectives:
At the end of this course, students should be able to determine the nature and legal regime of property. They should
also be able to explain the procedure and condition of valuation of property and lands.
Content:
- General notions on property
- Definition and notion of patrimony
- Real rights(ownership and its components, accessory real rights
- Notion on possession and precarious detention
- Ways of acquisition of real rights and particular ways of acquisition of immovable real rights( principle of
immovable and land publicity)
- Restrictions imposed on owners: obligation of neighborhood and the theory of abuse of rights
- Categories of land
- Management, fitting out , land use, acquisition of land, cession, rent of land, registration of lands, and
transfer of rights on land, rights and obligations of land rights holders
- Prescription of land rights
- Sanctions
LAW2213
Comparative Law
15
1
Component 1: Kinyarwanda legal terminologies
5
1
Objectives:
After completion of this course, students should know the legal terms used by our courts and should be capable of
translating legal concepts used in foreign law in Kinyarwanda.
Content:
- Analysis and comment of judgments rendered in Kinyarwanda
- Translation of judgment and other legal texts from French/English to Kinyarwanda and vice versa
Component 2: Comparative law
10
1
6
Objectives:
After completion of this course, students should be able to give a general overview of the world’s main systems of
law and should be familiar with terminology and way of reasoning particular to each of them. Students should also
be able to make a general analysis of African legal systems and set out the place reserved to African traditional law
after the introduction of western law and religion. They should also know the legal systems of East African
community countries.
Content:
- Structure of sources of law in foreign legal systems: Romano Germanic system (historical background of
the formation of the system, structure of laws, sources of laws); common law countries (English law, law
of United State of America); Islamic law, law of Far East;
- Sources of law in African legal systems
- Evolution of African customary law and the influence of foreign laws compared to the African traditional
law
- Families of modern African law:
 Napoleonic law
 Common law
 Islamic law
 African traditional law( influence of western religions, the place of customs and their resistance to
modern law)
- Essential characteristics of legal systems of East African community states
LAW2111
Encyclopaedia
15
1
Component 1: Psychology of Law
7.5
1
Objectives:
1. This course has as its main objective to introduce students on the intervention of psychology and law in the legal
processes
2. It is also aimed at introducing students to the broad area of legal psychology to give them an appreciation of the
application of psychological principles and methods to the legal system.
3. Students will learn how psychologists are employed in and interact with the legal system.
Content:
Different concepts of psychology; methods of psychology, relationship with other sciences, main orientations of
psychology, study of certain behaviors, emotional behavior, expressive and symbolic behavior, intellectual
behavior, acquisition and stocking of new behaviors, sensation, perception, attention, apprenticeship, memoir,
context of behavior, motivations of behavior, study of personality, notions and factors of personality, mains
typologies, pathological behaviors and the notion of therapy, notion of attitude and social behavior. All in the
framework of the law.
Component 2: Criminology
7.5
1
Objective:
At the end of this course, students should be able to differentiate criminology from other criminal sciences. They
should also know main doctrines of criminology, criminality factors and the contribution of victimology to the
improvement of apprehension of criminal phenomena.
Content:
- Subject of criminology
- Relationship between criminology and other criminal sciences
- Methods and sources of criminology
- Historical evolution of criminology
- Psychological aspect of a criminal
- technique of approach of the criminal phenomenon (quantitative and qualitative techniques)
- rules of interpretation of collected data
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-
factors of the criminality
victimology, its definition, subject and technique of approach
investigations of victimization
factors of victimhood or victimizing factors
relationship between criminal and victim
types of victims
LAW2112
Law of Organisation and Evidence
20
2
Component 1: Law of Organization, Functioning and Jurisdiction of Courts
12.5
2
Objectives:
At the end of this course, student should be able to explain organization and functioning of different Rwandan
judicial institutions (jurisdictions, public prosecutor…)
Content:
- organization and functioning of judicial institutions
- competences of each court and prosecution department
- organization and competence of committee of conciliators
Component 1: Law of Evidence
7.5
2
Objectives:
Law of evidence applies in both civil and criminal cases. As a course, it has the following objectives:
 To introduce students to the rules and legal principles that govern the proof of facts in a legal proceeding.
 The course would also enable students understand underlying issues in evidentiary matters like relevance
admissibility, prohibitions, privileges etc.
Law of Procedures
20
2
Component 1: Criminal Procedure
10
2
Objectives:
At the end of this course, students should know different rules governing the intervention of judicial authorities and
the procedure in criminal matters, which rules aim at facilitating the discovery of the truth, to know circumstances
of the crimes, to find the author and to judge him.
Content:
- definition and environment of criminal procedure;
- basis of criminal procedure ;
- different forms of criminal procedure ( accusatorial procedure, inquisitorial procedure and mixed
procedure);
- sources of criminal procedure;
- Rules governing preliminary investigation (investigating the crime, seizure, police custody, transaction…);
- Rules governing initial investigation and suit ( warrants and summons, hearing of witnesses, visits and
searching of domicile, body explorations, preventive detention and bail…);
- Ways of submitting case into court (citation, voluntary appearance, direct citation, constitution of the civil
party…);
- Rules governing procedure into court hearings (hearing of parties, search for evidence, recourse to
interpreters and translators, experts and physicians…)
- Judgment (time for pronouncing judgment, effects of the judgment );
- Ways of redress( opposition, appeal and review)
- Execution of judgment( execution of death penalty, imprisonment, damages, civil imprisonment, fine
recovery, court fees, proportional rights
- Community service (TIG)
- Procedure before the committee of conciliators
- Procedure before Gacaca courts
- Procedure before international criminal courts.
8
Component 2: Civil, commercial, administrative and social procedure
10
2
Objectives:
At the end of this course, student should be able to explain formalities which must be fulfilled and the procedure to
be followed to submit a case into civil court, to reach a judgment, to exercise ways of redress and to ensure
execution of the judgment.
Content:
- Theoretical part: To institute an action in court, proceedings (administration of evidence, incidents of
procedure, judgment, ways of redress, ways of execution, court fees)
- Practical part: attending courts sessions, analysis and comment of judgments
LAW2215
Special Criminal Law
10
2
Objective:
Student should be able to analyze incriminating texts and set out constitutive elements of each infraction, its
modalities of repression and its proper legal regime.
Content:
I. General introduction
- Definitions and sources of special criminal law
- Methods of qualification of facts in law and interpretation of criminal law
II. Attacks against physical integrity and individual liberties
a. Infraction against physical integrity of human person
- attacks against the body by action
- attacks against the body by omission
b. Infractions against liberties recognized for private individuals
- attacks against individual liberties
- attacks against honor and reputation
III. Attacks against family and sexual morality
a. Attacks against the family
- criminal protection of marital home
- criminal protection of child
b. Attacks against sexual morality
- Repression of immoral acts aiming at personal sexual satisfaction
- Repression of immoral acts stimulating third person passion
IV. Attacks against property
a. Fundamental incriminations: usurpations
- Violent form of usurpation
- Intellectual form of usurpation
b. Complementary incriminations
- Complementary incriminations attached to theft
- Complementary incriminations attached to swindle
- Complementary incriminations attached to breach of trust
V. Infraction against state security and good administration of justice
VI. Particular infractions
- crime of genocide
- crimes against humanity
- war crimes
- economic crimes
LAW2216
General Administrative Law
10
2
Objectives
This course gives an insight in general aspects of public administration, especially on the decision-making process.
9
The student should be able to explain the various acts of public administration, the norms for the administration and
the enforcement thereof.
Subjects:
- contents of administrative law and the relation with other fields of public law
- different sources of administrative law in the administrative legislation
- general and specific parts of administrative law
- the organisation of the administration : administrative authorities (central administration, local administration)
- Instruments available to the Administration
LL.B-III
Subject Code
Name of the Module
Labour and Insurance Law
Component 1: Labour and Social Security Law
LAW3117
Credits
15
10
Semester
1
1
Objectives:
After completion of this course, students should be able to evaluate the evolution of Rwandan labor and social
security legislation, by appreciating its merits and loopholes. They should also be able to determine legal problems
resulting from its application and propose adequate solutions, adapted to national social realities and which are in
conformity with fundamental principles of international labor law.
Content:
- Historical background, characteristics and sources of labor and social security law
- Individual relationship of work (apprenticeship contract, labor contract, protection of workers)
- Collective relations of work (professional organization of workers, collective convention, collective
conflict of work);
- Conditions of works (protection of vulnerable workers, salary, duration of work)
- General regime of Rwandan social security (field of application of social security law, financing of social
security, compensation for risks, social dispute settlement);
- Particular regime of Rwandan social security: Regime of social insurance(RAMA)
Component 2: Insurance Law
5
2
Objectives:
The course of insurance law aims at:
- initiating student with particular terms used in insurances domain
- to permit student to know the basic principles regulating the functioning of public and private insurances
- to help student to think of different aspects of insurances
Content:
The course of insurance law is articulated on two main parts: private insurances (or commercial) and public
insurances (social). These points are preceded by another part devoted to general notions on insurances, which
deals with definition, role of insurances, classifications and elements of insurances technique. Other types of
insurances related to the mentioned two categories shall be seen as matter of illustration. Concerning practical
work, students will make research and presentation on different products of insurances offered by private and
public insurance.
LAW4223
Administrative litigation and Tax Law
15
1
Component 1: Tax Law
7.5
1
Objectives:
After completion of this course, students should be capable of understanding Rwandan Tax system. They should
also be able to compare it with other tax system in the region.
10
Content:
- general characteristic of Tax law
- notion on tax and taxation
- study of general principles of taxation
- structure of taxes
- different components of fiscal technique (base of taxation operation, operation of recovery and operation of
liquidation)
- Analysis of types of taxes in Rwanda: State taxes, local taxes, direct taxes, indirect taxes.
- Interactions between regional legal systems
- Fiscal dispute settlement
Component 2: Administrative Litigation Law
7.5
1
Objectives:
After completion of this course student should be able to explain the administrative competence of different courts.
They should be able to identify procedural framework of administrative recourse against administration before
administrative institutions (ordinary and specialized organs of state) and judicial institutions (exercise of actions for
nullification or review of administrative decisions and/or damages against administration for cause of
administrative liability).
Content:
- Different procedural aspects in administrative matters;
- The basic ideas of these procedures;
- Procedure of decision making;
- Different procedures after decision making: exercise of administrative recourse;
- Judicial recourse: administrative competence, different levels of judicial procedure;
- Procedure before ombudsman
- Procedure before the commission of human rights.
LAW4221
Research and Practices
15
1
Component 1: Methodology of Scientific Research
7.5
1
Objectives:
Topic approach, formulation of hypothesis of the work, preparation and delimitation of the topic. Any research,
whatever field, must respect some stable and identical principle. This course aims at highlighting the main
principles which govern the global procedure of scientific research.
After completion of this course, student should be capable of:
choosing a research topic
- conducting rigorously and systematical a documentary research and exploratory research if necessary
- drafting a research proposal with research question
- elaborating an operational literature review
- making empirical tests by observing and analyzing relevant facts
- presenting and communicate the outcome of the research
Content:
- Typology and structure of scientific procedure: main scientific procedures (induction, deduction,
hypothetical deduction) three epistemological acts of scientific research (rupture with prejudgments, prenotions and draft of literature review, hypotheses, concepts and observations aiming at verifying
hypothesis through facts);
- Factors determining the choice of topic (personal aim, strategic interests, utility of the topic, prior
knowledge);
- Criteria for the formulation of a good question to begin with: clarity, (precision, concision, unambiguity),
feasibility and relevance;
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-
Exploration: documentary research (principles and criteria of choice of readings), exploratory research
( some techniques of exploratory research);
- Specification of the problem of research : adoption, modification and making a literature review (notion of
theory, way of choosing, modifying or formulating a topic), formulation of hypothesis, making concepts
(dimensions, components (if necessary), indicators);
- Observation (how can field of observation be limited, tools of observation);
- Three operations of information analysis (preparation of data, analysis of relations between variables,
comparison between observed results and expected results and interpretation of variations;
- Three parts of the conclusion of the research or communication of results: recall of the broad outline of
procedure, new acquired knowledge and practical perspectives.
Component 2: Seminars of Public and Private Law
7.5
1
Objectives:
At the end of this course, student should be able to analyze the problematic issue of a topic of law, to propose
solutions, to publicly present the results of research and make a report.
Content Private Law:
The seminar consists of works, discussions and presentations on different topics chosen from:
- civil and commercial procedure
- judicial organization and competence
- private law
Content Public Law:
The seminar consists of works, discussions, and presentations on topics chosen from:
- Judicial organization and competence
- Criminal procedure
- Public law.
LAW3119
Legal Aid and Advocacy
20
1/2
Component 1: Pleading Techniques
7.5
1/2
Objectives:
After completion of this course, students should know techniques used before and during pleading in courts of law.
In addition to that, they should be familiar with the language used before courts.
Content:
- Preparation of moot court (Research and analysis of the cause, drafting memoirs)
- Proceedings and the role of actors in proceedings( examination of witnesses, presentation of papers,
technique used to convince the judge, fictitious exercises of pleading)
- Identification of legal issues
- Identification of important sources of law applicable to the concerned issue
- Identification of fundamental principles applicable to the concerned issue
- Application of principles of law to the facts
- Methodology to reach a clear, solid and credible conclusion,
- Pleading competition ( to prepare a cause and plead it orally before a fictitious court, to participate in moot
court competition organized on national or international level)
Component 2: Legal clinic
12.5
1/2
Objectives:
After completion of this course, students should be capable of applying legal knowledge learnt in class and will
have the chance to memorize substantive and procedural laws applied on facts, to know ethical and professional
aspects of law practice, to develop self confidence and to develop the human culture by pleading the cause of
vulnerable persons.
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Content:
1. Practical part
- Techniques of interview
- Techniques of mediation
- Techniques of negotiation
- Techniques of drafting conclusions to present before courts of law
- Techniques of drafting official letters for administrative assistance
2. Practical part
- Handling cases for:
 legal assistance
 judicial assistance
 administrative assistance
 mediation
 transactions
- Field visits for information gathering.
LAW3127
Alternative Dispute Resolution (ADR)
5
2
Objectives:
The use of consensual methods of dispute resolution instead of using litigation or administrative procedures is
gaining attention. Alternative dispute resolution (ADR) can improve communications and achieve mutually
acceptable solutions more effectively than traditional, non-collaborative processes. This course aims at giving an
overview of alternative dispute resolution (ADR) techniques.
Content:
A variety of innovative conflict resolution techniques and methods are discussed. The course explores non-judicial
routes to resolving disputes – mediation, negotiation and arbitration – with brief examinations of processes such as
non-binding advisory opinions. Examples are alternate methods of resolving disputes in the workplace,
presentations before third parties, and conflicts that develop between parties to a contract. As for mediation for
instance the course defines and examines the process of mediation. It covers the history and development of
mediation and introduces concepts and theories of conflict management, as well as a review of different settings in
which mediation may be successful. The major ethical issues raised for lawyers in negotiation, mediation, and
arbitration are discussed, including disclosure, fairness, and client loyalty, as well as impartiality and neutrality.
LAW3124
Public Finance
5
2
Objectives:
After completion of this course, students should know the financial structure of state. They should also be able to
weigh interactions between economy and finance and to analyze the way public funds are managed in Rwanda.
Content:
- Role and part of financial means of actions in public life, relationship between public finances and
economic, social, political and administrative life.
- Analysis of financial means of actions and their economic effects
- State budget
- Public account
LAW4222
International Law
15
1
Component 1: Public International Law
10
1
Objectives :
The general objective of this course is to familiarize students with the diversity and heterogeneity of international
environment; to determine sovereignty of states and mechanisms of international cooperation; to understand the
order and the relationship between international and municipal law; to understand the importance of negotiation and
accords; international point of view on use of force; and property common to humanity.
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Content:
I. Fundamental notions (Nature, scope, characteristics and historical background);
II. Sources of International Law,
a. Overview of sources;
b. The Law of Treaties;
III. Subjects of international law
IV. Functions,
a. Peace and Security;
b. Regulating international economy and development;
c. Protection of the Individual;
V. Enforcement,
a. Liability,
b. Settlement of disputes, including Arbitration and International Judicial System;
c. Effect on National Legal Order, with an emphasis on Rwanda.
d. Notion of State immunities and its restrictions
Component 2: International Humanitarian Law
5
1
Objectives:
After completion of this course, students should know to set difference between law of war, the real humanitarian
law and Human rights. They should be familiar to rules applicable to armed conflicts (notably status of prisoners of
war, prohibited arms, status of belligerents) and those rules concerning the protection of victims.
Content:
- notion of international humanitarian law
- sources of Hague convention, Geneva conventions and their additional protocols
- consistence of Geneva conventions( protected persons, protective measures provided for the four
conventions, procedure of application, mechanisms of repression of violations of IHL
LAW3125
International Organisations
5
2
Objectives:
International organisations have become an increasingly common phenomenon in international life. The
proliferation of international organisations, the gross in treaty arrangements among states and deepening of regional
integration efforts in both developed and developing world all represent formal expressions of the extent to which
international politics has become more institutionalized. The purpose of this course therefore, is to analyse the
organization, functioning, competence of some of international recognized institutions by viewing issues such as
institutional creation, institutional choice and design, institutional change and institutional effects.
Content:
1. Definition and functioning of international organisations/institutions
2. Universal systems :
The UN system and other institutions
3. Regional Systems :
 African
 European
 Inter-American
 Arab
 Islamic
 Commonwealth
 Francophonie
LAW4224
Public Administration
5
2
Objective:
14
After completion of the course, a student should be able to determine the relationship existing between civil service
and the social milieu where it must operate, enhance a good administration within a State and indicate vital
conditions that favour success of administrative reform programmes. He or she should be aware of administrative
structures of a State and the functioning of a good administration and how the latter can be controlled.
Content:
- Administrative organisation;
- Specific features of public administration;
- Administrative structures of a State;
- The functioning of administration;
- Control of administrative action;
- Role and organisation of the local government service;
- Civil service;
- Introduction to public and parastatal administrative systems of different countries.
LAW3121
Good Governance
5
2
Objectives:
This course aims at providing students with knowledge in evolution and definition of good governance. The student
should also be able to explain the major indicators of good governance as well as explaining the various global
approaches to, and theories of, good governance.
Content:
- various definitions and perspective of good governance;
- concept of democratic governance;
- five dimensions of good governance: principles of good governance;
- different sources of good governance;
- rule of law (public participation, transparency, effectiveness, accountability and human rights in the
interaction with the administration);
- UNDP seven indicators of good governance: economic, socio-political, administrative, etc;
- core actors of good governance;
- good governance principle on national, regional and international level.
LAW3122
Comparative criminal law
5
2
Objectives:
At the end of the course, a student has an insight in different penal systems, and the possibilities and difficulties of
mixing these systems. The student has learned that a criminal justice system indeed is a system in which every
element has a purpose, and cannot easily be replaced by an element of another system without far reaching
consequences for many other elements of this system.
Content:
Due to the internationalisation of criminal law, the comparative study of penal systems and cultures has gained
practical importance. The course in comparative criminal law and procedure offers an introduction into the theory
and practice of the field, from different perspectives. Special attention is given to explanations that relate law to
geographical and historical factors and to the methodology of comparative legal studies as a quasi-empirical
scholarly activity. The following topics will be touched upon:
-
Pitfalls of comparing penal systems;
adversarial vs. inquisitorial penal systems;
common and civil law penal systems;
basic principles of both systems;
judge-made law, case law vs. legislation/codification;
customary criminal law;
15
Inyangamugayo, juries and the cour d’assise judges and professional judges;
juries and judges;
plea agreements, guilty pleas;
opportunity principle versus legality principle;
harmonisation;
supranational criminal system (ICTR, ICTY, ICC) as examples of efforts to combine adversarial and
inquisitorial systems.
LAW3123
Rwandan Political Institutions
5
2
Objectives:
This course aims at providing students with knowledge on both institutional departments and national institutional
mechanisms.
-
Content:
- Evolution of Rwandan political institutions;
- (See page 7 of the hard copy)
LAW3118
Commercial Law
15
2
Component 1: Company Law
7.5
2
Objectives:
After completion of this course, students should be able to differentiate commercial companies from other types of
companies, associations or groups. They should be able to know how all forms of commercial companies are
organized and how they operate.
Content:
- general notions on commercial companies and differentiation from other types of companies
- rules which are common to all commercial companies
- specific rules to each form of company
- comparative approach of company law
Component 2: Specific Contracts
7.5
2
Objectives:
After completion of this course, students should be able to make a concrete analysis of different civil contracts
Content:
- Study of specific rules regulating contracts provided by civil code: sale, exchange, lease, loan, deposit,
sequester, mandate, security ship and transaction, etc
- Unnamed contract (study and drafting).
LAW3120
Gender and Family Patrimony
15
2
Component 1: Law of Matrimonial Regimes, Liberalities and Succession
10
2
Objectives:
After completion of this course student should be able to identify social sectors concerned by the codification of
matrimonial regimes, successions and liberalities.
Students should also be able:
- To identify the basic principles of the law relating to matrimonial regimes, successions and liberalities
- To discuss the basis of those principles
- To apply those principles to concrete situations
Content:
Title I: Matrimonial regimes
- types of regimes
16
- birth of matrimonial regimes
- existence of matrimonial regimes
- termination of matrimonial regimes
Title II: Liberalities
- Rules common to all liberalities
- Types of liberalities ( sharing by ascendant, legacy, promise of liberalities)
Title III: successions
- general aspects
- testamentary successions
- application in time of the law no 22/99
Component 2: Gender and Law
5
2
Objectives:
The course introduces students to the relationship between gender and law and to the legal concept of equal
opportunity in relation to gender. It helps students to understand gender bias in its various forms and the role of law
in addressing such bias. The course will analyse laws geared to allow gender equality and the law relating to
discrimination and Gender issues in the Rwandan legal and judicial system; and domestic violence. Therefore, a
student at the end of this course is expected to understand the notion of gender especially in regard to the principle
of equality and the promotion of the human rights of women.
Content:
- The principle of equality and the principle of non-discrimination;
- Impact and use of several international and regional instruments that are based on the principles of equality
and non-discrimination.
- Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) and
its supervisory organ, CEDAW (study of both form and content of the Women’s Convention and CEDAW’s
monitoring possibilities).
- Violence against women is one of the most important issues that have been put on the international agenda
since the World Conference on Human Rights in Vienna in 1993. Violence can appear in many forms such as
harmful traditional practices, sexual harassment, trafficking in women, sexual slavery, rape in conflict
situations, and domestic violence.
LAW3126
Family Mediation
5
2
Objectives :
At the end of the year, each student will be able to conduct mediation of legal problems that involve relatives in
order to re-establish the broken social fabric.
Subjects:
- Introduction
- How to tell the story
- How to identify the facts and issues
- How to identify alternative solutions
- How to revise and discuss solutions
- How to reach an agreement.
LAW3129
Competition and Consumer Protection
5
2
Objectives:
After completion of this course, students should understand the place and function of competition in mechanisms of
tender economy. They should also be able to set difference between restrictive practices of competition and anticompetition practices and unfair competition. In addition, they should know mechanisms of determination of prices,
main conditions of sales and rendering services. The student should also be able to define contracts of consumption
and distinguish them from civil and commercial contracts. He or she should also be capable of knowing legal and
institutional mechanisms of protecting consumers.
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Content:
- general notions;
- restrictive practices of competition;
- Acts of unfair competition;
- Unfair competition;
- Prices, conditions of sale and delivery of services;
- Regulation of competition at regional and international level;
- General notions on law of consumption;
- General theory of contracts and law of consumption;
- Contracts of consumption;
- Quality and safety of products and services;
- Resolution of conflicts of consumption.
LAW4222
International Labour Law
5
2
Objectives:
This course deals with the background and sources of international labour law. The relevant Treaty provisions, the
secondary legislation as well as relevant case law in the area of labour law will be studied. The course provides
insight into the notions, principles and doctrines of national and international labour law, and the interaction
between national and international labour law.
Content :
- Fundamental principles and rights of labour;
- ILO and international norms of labour;
- Interaction between national and international labour law.
LL.B-IV
Subject code
Name of the module
Credits
Semester
LAW5125
Philosophy and Professional Ethics
15
1
Component 1: Philosophy of Law
Objectives :
At the end of the course, a student should be able to:
- Know the origin and development of law;
- Understand the evolution of the legal thinking.
7.5
1
Content:
- Theory of natural law;
- Legal positivism;
- Positivism and natural law;
- Legal realism;
- Ideologies (racism, feminism and other policies of current national interest).
Component 1: Professional Legal Ethics
7.5
1
Objective:
At the end of the course, a student should have understood rules governing persons exercising a legal profession.
He or she should be able to realise the scope of ethical rules of the Rwandan judicial system.
Content:
18
-
Independence of the judicial power;
Study of ethical rules of the judicial personnel (judges, public prosecutors and other judicial staff);
Code of judicial ethics;
Study of rights and obligations of lawyers and judicial representatives;
study of the problem of professional secrecy in legal profession.
LAW5126
Economic Law and Securities
20
1
Component 1: Economic and financial law
12.5
1
Objective:
At the end of the course, a student should be able to understand and explain the rules related to organisation and
development of economic activities. He or she should also understand rules applicable to financial institutions and
their operations.
Content:
- public aspects of Rwandan economic and financial law (relationship between law and economy, banking
system, monetary and financial policy, regulation of external trade, legal framework of domestic economy);
- Some private aspects (rules of private investments, customs regulations).
Component 2: Law of securities
7.5
1
Objectives:
The course aims at demonstrating rules and principles that enable creditors to avoid competition (with other
creditors) by emphasising mechanisms of securities delineated in the civil code without excluding their relation
with other securities provided for by the commercial law.
Content :
The content of this course is organised as follows:
- notion of security: general principles regulating the recovery of the claim from debtors’property;
- study of guaranties: in solidum obligations, surety bond and its various forms used in the modern
commercial practice;
- securities: movable securities (law of pledge, pledge without dispossession, privileges); mortgages
(conventional, legal and judicial mortgages, except for land adverts which, in connection with land rules,
are taught in the course of “property law”) ;
- distribution and classification of securities.
LAW5228
Legal Practices
20
1/2
Component 1: Techniques of legal drafting
7.5
1
Objectives:
At the end of the course, a student should be familiar with all techniques of drafting legal deeds, such as drafting
laws, recording judgments, drafting statutes of companies and associations, contracts, testaments, etc. This course
should also enable students to identify a legal problem and address it by drafting legal deeds and other related drafts
(acts of procedure, legal advice, warning, clauses of legal deeds, judgments, draft laws, …)
Content:
- Comparative drafting (different techniques of drafting);
- Practical exercises;
- Legistics: technique of drafting laws and conventions;
- Technique of recording judgments;
- Technique of drafting statutes, contracts, mortgages, testaments, court submissions, case statements and
opinion, …
Component 2: Internship
12.5
2
Objectives:
At the end of the course, a student should :
- have realised realities of the society;
19
-
have demonstrated his or her knowledge practically;
be able to compete for a job without any difficulties.
Content:
The internship is carried out in different public and private institutions. Activities to be carried out will depend on
the place of internship, but more considerably they shall consist in working in legal departments, drafting contracts
and rules or drafting other legal solutions to work out different problems, and evaluating the legal practice.
LAW5229
Dissertation
Objectives:
A student should be able to:
- Identify a legal problem from facts;
- Carry out research on that problem, using scientific methods taught in class; and
- Coming to results that he or she presents in a paper called “memoir”.
25
1/2
Content:
Memoir is a well-articulated presentation of findings of a personal research, compilation or experimentation aimed
at making actual or potential contribution to identification and/or solution of a preferably Rwandan legal problem.
LAW5127
Human Rights and International Criminal Law
20
1
Component 1: Human Rights Law
10
1
Objective:
At the end of the course, a student should understand a person’s rights and obligations, determine the confines of
prerogatives entitled to a legal subject in a given legal situation, identify and find solutions to violation of law.
Content:
- Historical background;
- Endeavour of classification;
- Nature of human rights (universality or relativity);
- Implementation;
- Comprehensive study of fundamental liberties.
Component 2: International Criminal Law
10
1
Objectives:
At the end of the course, a student should understand the origin of international criminal law as a new law and its
international peculiars as compared to public international law and internal criminal law of States, and know
principles regulating individual criminal responsibility before international criminal justice.
Content:
- Basic principles of international judicial support;
- International criminal law and international legal order;
- General principles specific to international criminal law;
- International crimes;
- Harmonisation of international criminal law, and difficulties of applying the system;
- International criminal law non-applicable to international criminal court;
- International criminal law and international criminal court;
- Critical realisation of international criminal justice;
- Law of criminal procedure.
LAW5234
Environmental Law
7.5
Objective:
2
20
At the end of the course, a student should understand the concept of environment, the vitality of protecting
environment and analyse any related legislation.
Content:
- Object, characteristics, role and historical development of environmental law;
- Sources of environmental law;
- Sustainable development and other principles of environmental law;
- Organisations for environmental protection;
- Implementation of multilateral agreements on national level;
- Environmental quality criteria and standards;
- Cumbersomeness of pollution;
- Criminal aspects of environmental law;
- Environmental policy in Rwanda.
LAW5231
Regulation of services of a public utility
7.5
2
Objective:
This course is designed to initiate and familiarise students with the understanding and scrutiny of the legal and
institutional framework regulating services of public utility in public economic law. It equally aims at providing
students with principles of capitalist economy.
Content:
 Reforms undertaken in public services and concepts on liberalisation of those services;
 Matters of competition in services of public utility;
 Concept of regulation (definition, historical evolution, …) and its principal fields (right of
interconnectedness, international service, consumer protection, regulation of tariffs);
 To set up and maintain an independent body of regulation (separation of lawful and operational functions,
absence of direct political pressure, adoption of an equitable and transparent procedure, …);
 Link between regulation and national policy (promotion of private investments, innovation and installation
of infrastructures, promotion of a fair competition, effective management of limited resources and mission
of public services);
 A study of essential functions of a regulating body (issuing licences, fixing clauses and general conditions
determining the manner in which suppliers of services of public utility should deliver their services to the
public, … ; control of application, i.e. making sure that suppliers comply with its rules and regulations;
management of limited resources; approval of equipment).
The above issues related to services of public utility will lead to carry out a specific study on the regulation of
telecommunication systems and electricity basing on difficulties that regulation currently faces in those services in
most developing countries.
LAW5232
Criminalistics
7.5
2
Objective:
At the end of the course, a student should be aware of research techniques in criminal matters and be able to make a
critical and synthetic analysis of those techniques.
- To explain and discuss the principle objectives of crime scene investigations;
- To develop a working knowledge of crime scene procedures and the effective utilisation of forensic science;
- To develop an understanding of the various forms of physical evidence and their applications to different types
of crimes.
Content:
- Origin and history of criminalistics;
- Intersection between Criminology and Criminalistics;
21
- The crime scene (Evidence collection and preservation);
- Analysis of physical evidence;
- Provision of expert testimony.
LAW5233
Child law
7.5
2
Objectives:
This course aims at giving students insight into the law of the child, in particular as a result of international treaties
and the effect on national legislation.
Content:
- Content, interpretation, implementation and monitoring of the Convention on the Rights of the Child (CRC) as
one of the international (UN) human rights instruments.
- ‘Trias pedagogica’ of children, parents and the State,
- Possible impact of the CRC on national legislation, policy and practice.
- Various specific topics like: child abuse, neglect and exploitation, harmful traditional practices,
transgenerational discrimination (‘transism’), child protection reform, preparation to parenthood, parental
duties, empowerment of parents, aims of education and participation of children.
LAW5236
Internet and law
7.5
2
Objective:
This course is designed to provide students with the legal requirements of electronic commerce including issues of
electronic contracting, civil liability, defamation, intellectual property, procedural, domestic and international
conflicts in the use of electronic data and regulation.
Content:
- Copyright, trademark, domain names, meta tags and the internet;
- E-commerce patents, electronic transactions and internet;
- Cryptography and authentification;
- Online consumer protection;
- Right to privacy, freedom of expression and the internet;
- Legal liability of network providers;
- Criminal law and the internet;
- Telecommunication legislation, taxation and the e-commerce;
- Online card payment;
- Online dispute resolution;
- Software and Database Protection;
- Standardization;
- Personal Data Protection;
- Évidence.
LAW5235
Media law
7.5
2
Objective:
At the end of the course, students should know all the regulation on press, freedom of press and its restrictions.
Content:
Aspects to be analyzed in this course include:
- National press and mass media;
- Codes of ethics;
- Freedom, access and protection of information;
- Freedom of expression;
- Privacy;
- High Council of the Press;
- Press and elections;
22
-
Confidential documents of the State and laws of national security;
Copyrights.
LAW5230
Private International Law
10
1
Objectives:
At the end of the course, a student should be capable of:
- identifying mechanisms of dealing with legal private relationships involving a foreign element before
dissenting and unrelated national legal systems;
- identifying methods of solving conflicts of laws and jurisdictions, methods of renvoi, etc;
- particularly determining applicable law following the case in hand: to solve the conflict of nationality; persons
and family law: personal status, marriage, divorce, international adoption, etc; property law: state of property;
law of obligations: state of obligations; law of contracts: contractual relationships; succession law:
representation and sharing;
- explaining the procedure of exequatur.
Content:
- comparative method as a general way of solving conflicts of laws, including general ways of qualifying a
case under international private law: identifying persons, their property, practical deeds and facts;
- to analyze solutions of conflicts in private international law like the use of comparative method,
collaboration of different national legal systems and recourse to legislation;
- components of private international law : conflict of laws, conflict of authority or jurisdiction, conflicts of
nationality and status of foreigners;
- birth of a harmonised legislation.
LAW5237
Transport Law
7.5
2
Objectives:
At the close of the course, a student should be able to give appropriate legal solutions to legal problems of
transportation and traffic, especially those related to civil liability (contractual and tort liability) of transporter, to
identify documents used in transport, to interpret and objectively realise their legal value. He or she should get
familiar with language used in that field.
Content:
Transport law is national and at the same time perfectly international; it is regulated by conventions for each mode
of transport. Moreover, the contract of adhesion is practised. It therefore reflects modernity and globalisation and
makes transport particularly interesting. Its specific nature allows thinking that it can be offered in options.
- Basic definitions of terms used by transport agents, which are related notably to maritime trade, contractual and
extra-contractual relationships resulting from a transport operation;
- Analysis of different types of transport;
- Laws and regulations of traffic police and legal problems related to criminal and civil liability caused by road
traffic.
LAW5238
Law of enterprise
7.5
2
Objective:
The main objective of this course is to enable students to understand the legal dimension of the situation of
enterprises, by considering the law of enterprises whose state is encircled with problems.
Content:
- Notion of enterprise;
- A flashback on the law of contracts, law of companies, law of payment and loan instruments, labour law,
fiscal law and criminal law of business;
- Law of enterprises in financial straits (prevention of difficulties of enterprises, dealing with difficulties of
enterprises in bankruptcy).
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LAW5240
Intellectual property Law
7.5
2
Objectives:
To provide students with basic notions of intellectual property law. At the end of the course, a student should have
understood the importance of intellectual property and its role in the economy of the country. He or she should be
able to recognise the Rwandan legislation of intellectual property basing on international law of intellectual
property.
Content:
- Components of the law of intellectual property: artistic and author's copyright, patent rights (patents, marks,
drawings and models, company names, commercial names and signs, labels of origin and geographical
indications);
- enjoyment of intellectual property rights;
- Protection of intellectual property rights;
- International legal framework of intellectual property: conventions of WIPO, Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS).
LAW5239
Arbitration
7.5
2
Objective:
At the end of the course, a student should understand aspects of internal and international arbitration. He or she
should also be able to understand the organisation and functioning of arbitration institutions.
Content:
- Notion of arbitration;
- Nature of arbitration, convention on arbitration and arbitral tribunal;
- Procedure of arbitral case, arbitral sentence and its execution;
- Sources of international arbitration;
- Arbitral institutions;
- Questions related to functioning of arbitration;
- Theory and jurisprudence of arbitration practised by the Organisation of settling conflicts and the World Trade
Organisation (WTO).
24