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.1 F. ZIGIRINSHUTI goes on arguing that the freedom of contract principle permits any individual to enter into any contract with the other and the law enforces those agreements.2 From the above definition, as many authors argue, for parties to organize their contract in a way suitable to them, there are some guarantees that must be considered. For instance, E. BUTCHER explains that the freedom of contract principle implies 3 main guarantees recognizable as influenced by Swiss Law: parties must have freedom to conclude or not conclude a contract as well as freedom to choose who to contract with, freedom to determine the content and the terms of contractual provisions and then the freedom to depart from the types of contract as presented in their Code of obligations.3 As it appears, the later gives parties the right to make any other contract even though it might not be provided in their law regulating contracts. 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); besides as he adds, regulations must be reasonable and legal.4 The other thing but which is the result of the principle of freedom of contract is that it can be restricted by the parties’ will. This research will specifically talk about the matrimonial regimes and see the applicability of this principle under such contracts as far as Rwandan law is concerned.

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