Bahraini Civil Law and Obligations
Core Concepts
Bahraini civil law is codified primarily in the Civil Code (Law No. 19 of 2001). Candidates must understand the sources of obligations: contract, unilateral promise, unlawful enrichment, and law. Key doctrines include the principle of good faith (Art. 124), the binding force of contract (pacta sunt servanda), and the requirement of mutual consent (offer and acceptance).
Traps and Distinctions
Questions often test the distinction between void and voidable contracts. A contract is void if it violates public order or mandatory rules (e.g., gambling). Voidable contracts arise from defects in consent (mistake, fraud, duress, undue influence) or incapacity. Another trap: the concept of "cause" (سبب) is not the same as consideration; it refers to the lawful purpose. Also, the debtor is liable for damages for non-performance unless force majeure (القوة القاهرة) makes performance impossible. Force majeure must be unforeseeable, irresistible, and external.
Worked Example
A agrees to sell B a car for BD 5,000. Before delivery, a government ban makes import of that car model illegal. Is A liable? Under Bahraini law, if the ban was unforeseeable and beyond A's control, it constitutes force majeure, excusing performance. However, if A knew of the impending ban, he may be liable for fraud or bad faith.
Rule of Thumb
Always check: (1) valid consent, (2) capacity, (3) lawful object and cause, (4) compliance with formalities (e.g., real estate contracts must be in writing). For damages, remember the principle of full compensation but limited to foreseeable losses (Art. 227).