II.CHOICE AND INTEREST
After learning the course of company law, and did the
internship in a commercial company in the office of its legal advisor, I felt
interested in things related to commercial law, and I am seeking for
understanding how company can be dissolved and liquidated, and what Rwandan
laws provide about it. Hence, I decided to make dissertation on this subject
basing on the case of Rwandatel SAand analyze whether it was lawful and
fair.
III.STATEMENT OF THE
PROBLEM
After learning the commercial law module specifically, the
Company Law, I felt interested to know what happenswhen a company is dissolved
and liquidated and the impact which occurs to the staff, to the customers and
its impact to the Rwandan trade in general.
Hence, I asked myself whether there is no gap in Rwandan
Company Law so that I contribute in writing a dissertation .Therefore, I did it
basing on the below questions:
1. What the company law provides on dissolution and
liquidation of a company?
2. If there is no provision about that, what was the interest
of the legislator while making this law?
3. Is there any legal framework of dissolution and liquidation
of the company in Rwanda?
4. What is the impact of not providing the provision on the
company itself, customers and the Rwandan commercial law?
5. What law did the court based on in making a judgment on the
case of Rwandatel?
IV.OBJECTIVE
The main objective of the study is to understand the way
dissolution and liquidation of companies is done under Rwandan law.
V.METHODOLOGY OF REASEARCH
In this research, Iused different techniques such as
documentary technique where legal texts, books, dissertations and online
sources will be consulted. This helped me to consult various literatures that
are related to the topic.
Through interviews different ideas were gathered from
commercial court personnel to gather different ideas from them and this helped
me analyzing the liquidation of Rwandatel
I also used different methods such as analytical which
concerns of making analysis of the subject which includes its functioning and
limitations and analyze what other scholars said about it.
Comparative methodenabled me making a comparison with other
countries commercial jurisdictions(Kenya) and Canada to see differences and
similarities.
Exegetical method based on making my interpretation, and
asking myself different questions to see if there is any problem with the
subject and in order to know what the legislator meant, and adding some
commentaries
VI.SCOPE OF THE STUDY
This study was limited to the commercial law in general and
specifically to the company law of Rwanda. Basing on the comparison of the law
No. 07/2009 0f 27/04/2009 relating to Companies with the abrogated law No.
6/1988 of February 12,1988 relating to organization of Commercial
Establishments. I also checked what laws of other countries provide about it
concentrating on Kenya and Canada as my comparative method is concerned on
them.
VII.SUBDIVISION OF THE STUDY
Apart from the general introduction and general conclusion,the
research is divided into two chapters: The first chapter concerns the
presentation of the topic and an overview on dissolution and liquidation of
Companies under Rwandan. The second chapter bases on the analysis of problems
related to dissolution and liquidation of companies in Rwanda and how to solve
them; thus, I took Rwandatel as case study.
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