Civil Code: Obligations and Contracts
Bahrain's civil code governs the formation, effect, and extinction of obligations. A candidate must understand the elements of a valid contract: consent, capacity, lawful object, and cause. Study offer and acceptance, the moment and place of formation, standard-form terms, and the effect of defects of consent such as mistake, fraud, duress, and exploitation. Know the rules on nullity and voidability, and the consequences of each, including restitution.
Performance, non-performance, and remedies are heavily tested: specific performance, termination, damages, and the doctrine of unforeseen circumstances. Understand the classification of obligations as to result and as to means, and how fault is proved. Study extinction by payment, set-off, novation, and prescription, including limitation periods.
Traps: confusing void and voidable contracts; assuming every breach entitles termination without notice; and overlooking that a contractual penalty may be adjusted by a court. Another trap is treating silence as acceptance when the law requires express consent.
Rule of thumb: validity then performance then remedy. Worked example: a buyer discovers a latent defect after delivery. The buyer may claim repair, price reduction, or termination, but must give notice within the contractual or statutory period; mere silence may bar the claim.
Also study the notary's role: a notary does not judge the fairness of a contract but must refuse an unlawful object or an obviously incapacitated party.