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ARTICLE · 29 OCTOBER 2021

Good Faith: Theory And Practice

The laws of Bahrain impose obligations upon contracting parties that are in most cases additional to those obligations set out in the express terms of a contract.

BahrainCorporate/Commercial Law
Neha Sachde
Neha Sachde

The laws of Bahrain impose obligations upon contracting parties that are in most cases additional to those obligations set out in the express terms of a contract.

Article 127 of the Bahraini Civil Code thus stipulates that a contract shall not be limited to the obligations of the contracting parties to do that which is expressly agreed in the contract, but shall extend to include other obligations ancillary to it by virtue of the law, custom and nature of the transaction. One such ancillary obligation that is imposed on contracting parties by virtue of the law is the obligation of good faith enshrined in the text of Article 129 of the Bahraini Civil Code.

The Bahraini Civil Code imposes a duty on contracting parties to always act in good faith. The duty of a party to act in good faith is an obligation to deal honestly and fairly when contracting. It is an automatically implied obligation, strongly codified in the Bahraini Civil Code. However, despite the Bahraini

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