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ARTICLE · 01 OCTOBER 2024

Statutes Of Limitation In The Context Of Civil Litigation

This article will seek to address the main framework of statutory limitations concerning civil matters and the practical considerations that must be considered by any party seeking to pursue civil litigation.

BahrainLitigation, Mediation & Arbitration

The Bahraini Legal System adopts the principle that "a just claim never lapses". Nonetheless, Decree Law No.19/2001 (the "Civil Code" or "BCC") and multiple other specific legislations have set out statutory limitations concerning civil matters, wherein if a party fails to file a lawsuit within the timeframe specified in their respective legislative provisions, the right can be barred from judicial protection or considered legally extinguished due to the fact that the right was not used within the time-limit established by the law. Generally, the purpose of their implementation is to ensure the preservation of stable conditions and the penalization of the creditor's inadvertence. Despite the possibility of the court considering that the claimant has a possible remedy and acknowledging the fact that the claimant has a right by virtue of the principles of Shariaa and "natural law", their right of action can be considered time barred.

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