Strengthening the Protection of Non-Emancipated Minor's Property under Rwandan Law. A Comparative Approach

Research Paper (undergraduate) from the year 2022 in the subject Law - Civil / Private / Law of Obligation / Property Law, grade: 80 (equals 1.3), University of Rwanda, language: English, abstract: This article aims at analyzing the Rwandan legislation and institutions in the context of the management of the property of non-emancipated minor. The study elaborates on the existing Rwandan legal context in relation with management of the property of the non-emancipated minor, draw challenges associated with the management of the property of the non-emancipated minor and provides some recommendations in order to enhance the management of the property of the non emancipated minor from the foreign legislations. In the Rwandan context, the study found that the protection of property of the non-emancipated minor is not much legally guaranteed and ensured, those exercising parental duties on non emancipated minors exploit minors under the Umbrella of serving their interests, because the law Nº32/2016 of 28/08/2016 governing persons and family does not elaborate on what entails the child¿s interests. Hence, adequate analysis for the stronger legislation is necessary.

All along this study, the analysis focuses on two parts among which, the first part gives a general notions on the topic, analyses the existing Rwandan laws and international laws whereby gaps and inadequacy of provisions regarding the management of the property of the non-emancipated minor are revealed. The last part of this paper discuss the foreign legislation advanced in proper management of the property of the non emancipated, this was referred to in order to learn from their experience in the protection of non emancipated minors property, in addition, decided cases in courts in this context played a major role in the analysis of the study. The part proposes the establishment of legal and institutional mechanisms to strengthen management of the property of the non emancipated minor. This part also looked at various mechanisms aiming at the protection of non emancipated property, the enactment of specific law governing the management of non emancipated minors were proposed. Institutionally, also necessary role of strong institutions, both public and private institutions in charge of non emancipated minors.