Applicability Of Freedom Of Contract Principle In Matrimonial Regimes Under Rwandan Law: A Comparative Study

Abstract

The freedom of contract also known as “autonomy of the will” is a key principle that is followed in all types of contracts. It implies that people are free to organize their relationships, undertakings and to conclude any contract that is suitable for them. However, this freedom is not unlimited, but in a way also benefitable to individuals. As the above author has mentioned, this principle can only be restricted by reasonable regulations to prohibit actions contrary to public order, policy or contrary to good morals (contra bonus mores). This principle applies to matrimonial property regimes. This research shows that existing forms of regimes contravene the basics of this principle in limiting spouses choices to only three available ones.