Tort law at Bahrain
Tort law in Bahrain is primarily governed by the Civil Code (Decree Law No. 19/2001), which outlines the principles of civil liability arising from unlawful acts. Here's an overview of key aspects:
⚖️ Key Principles of Tortious Liability
1. General Liability for Unlawful Acts
According to Article 158 of the Civil Code, any fault that causes injury to another imposes an obligation to make reparation upon the person by whom it is committed.
2. Joint and Several Liability
Article 160 stipulates that when several persons are responsible for an injury, they are jointly and severally liable to make reparation for the injury.
3. Compensation for Moral Damages
Article 162 allows for compensation for moral damages, including physical or psychological harm, provided it is the natural result of the unlawful act.
4. Exemptions from Liability
Article 165 provides that a person may not be liable if the injury resulted from a cause beyond their control, such as unforeseen circumstances, force majeure, or the fault of the victim or a third party.
5. Limitation Periods for Claims
Article 180 sets the prescription period for actions arising from an unlawful act at three years from the date the victim knew of the injury and the identity of the person responsible. However, the action is barred after fifteen years from the date the unlawful act was committed, whichever period expires first.
🏛️ Civil vs. Criminal Liability
Civil liability pertains to compensation for damages caused by unlawful acts, whereas criminal liability involves punishment for offenses under the Penal Code. In Bahrain, a criminal case must be filed before a civil case if the civil claim is based on the same facts. This was affirmed by the Bahraini Court of Cassation in Challenge No. 263 J.Y. 2011.
🧭 Practical Considerations
No Limitation Clauses for Tortious Liability: Unlike contractual liability, tort-based liability for wrongful acts causing harm (such as gross negligence, fraud, or willful misconduct) may not be subject to limitation by agreement of the parties. Any agreement purporting to provide exemption from liability for a wrongful or harmful act is null and void.
Moral Damages: Victims may claim compensation for non-material harm, including emotional distress, provided it is a natural result of the unlawful act.
Employer's Liability: Employers may be held liable for damages caused by their employees during the course of employment, as per Article 172.
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