ARTICLE · 04 SEPTEMBER 2024
Tracing Uncodified Legal Principles
A foundation of the civil legal system in Bahrain, the Civil Code regulates a wide array of topics within its 1054 articles from contracts, tortious/unlawful acts, unjust enrichment...
The Bahraini legal system, as is the case with its
regional and international counterparts, is a multi-layered,
continuously developing system comprising several sources of law
which impact obligations prescribed under contracts and the
enforcement of rights under the same. To the layperson, these
consist of statutory/legislative instruments such as decree laws
(مرسوم
بقانون), laws
(قانون), and ministerial resolutions
(قرار) which are issued pursuant to
legislative decrees and laws. However, the application of legal
rules and principles by the courts may go beyond what is explicitly
prescribed in legal text. In this article, we first consider how
the Civil Code (Decree Law 19/2001) (hereinafter "BCC" or
the "Civil Code") treats 'sources of law' before
discussing two of these uncodified legal principles as an
application of the provision of the Civil Code highlighted below.
It is to be noted that uncodified legal principles play a pivotal
role in personal status
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