Civil Laws at Bahrain
Bahrain's civil law framework is primarily governed by the Civil Code, established by Legislative Decree No. 19 of 2001, and amended by Law No. 27 of 2017. This code serves as the cornerstone for civil and commercial legal matters in the Kingdom.
๐ Civil Code Overview
The Civil Code outlines general provisions, including
Article 1:Laws apply to all matters they cover, and in the absence of specific provisions, judges may rely on custom, Islamic Sharia principles, or natural justice
Article 2:Laws can only be repealed explicitly or implicitly by subsequent legislation
Article 3:The code applies to events occurring after its effective date, with no retroactive effect unless specified
โ๏ธ Judicial System Structure
Bahrain's judiciary comprises
Civil Courts: Handle civil, commercial, and administrative disputes, as well as personal status matters for non-Muslims
Sharia Courts: Address personal status issues for Muslims, subdivided into Sunni and Jaโfari branches
Criminal Courts: Deal with criminal cases Each court system operates under a two-tier structure, with judgments from lower courts appealable to higher courts, culminating in the Court of Cassation
๐๏ธ Court Hierarchy in Civil Matters
The civil court system include:
Lower Court Handles civil and commercial cases where the claim value does not exceed BHD 5,00.
High Court Adjudicates cases exceeding BHD 5,000 and acts as an appellate court for the Lower Cour.
High Court of Appeal Reviews appeals from the High Cour.
Court of Cassation The highest appellate court, reviewing legal aspects of case.
Court of Urgent Matters Deals with urgent civil matter.
Court of Execution Handles the enforcement of court judgment.
๐ Private International La
Law No. 6 of 2015 addresses conflicts of laws in civil and commercial matters involving foreign elements, applying principles of private international law when no specific provision exists.
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