His Excellency Sheikh Khalid bin Ali Al Khalifa, Minister of Justice, Islamic Affairs and Endowments, valued the issuance of His Majesty King Hamad bin Isa Al Khalifa, the King of the country, may God protect and preserve him, the decree-law on implementation in civil and commercial matters, which constitutes a new and qualitative development at the level of the justice system. In line with the requirements of sustainable development for the benefit of citizens and contribute to achieving the goals of the comprehensive development process led by His Majesty, the King of the country, may God protect and preserve him.
His Excellency stressed that the decree-law comes within a package of priority legislation to enhance the maintenance of rights and the rule of law and keep pace with the development requirements approved by the Council of Ministers headed by His Royal Highness, the Crown Prince and Prime Minister, may God protect him, after directing His Highness to study it, praising the efforts made to accomplish this advanced project. Which represents a fundamental and fundamental change in the procedural system of implementation, with the aim of enhancing the effectiveness of justice procedures, in a manner that responds to contemporary requirements in light of the Kingdom of Bahrain's Economic Vision 2030, and achieving initiatives to enhance access to justice 2021-2025.
His Excellency said that the decree-law on implementation introduces a new legal system, by creating specialized paths that are more smooth and effective by shortening procedures and speeding them up within specific deadlines and clear mechanisms and criteria, in line with the legal nature of the enforcer against him.
His Excellency highlighted the most prominent new aspects of this system, most notably enabling the executor against him to perform his obligations before taking executive measures, and setting up a new system for disclosing funds, with imposing criminal penalties for smuggling and concealing funds and violating the duty to disclose or deliberately underestimating their value, in order to avoid For any problems in implementation that the executor may resort to against him in concealing or smuggling his money in order to evade implementation, based on the main objective of achieving the speedy fulfillment of his rights by the creditor.
His Excellency the Minister of Justice explained that according to the law, the notation system will be applied to the credit record of the executor against him in the event that his funds are not sufficient to pay the debt, provided that the notation is not lifted except in the event of settlement or the expiry of the period, with the aim of protecting the executor against him from increasing his debts, as well as protecting potential creditors in the future. With the adoption of a minimum amount for which it is not permissible to be executed, and not withholding government support and social benefits, and canceling the imprisonment or arrest of the perpetrator against him, and limiting the execution to his money in line with the international standards applied in this regard.
He pointed to the development of special tracks for implementation on companies and financial institutions, in addition to the private sector's use of private executors and execution officials, under the supervision and judicial control, which comes from strengthening the partnership between the public and private sectors, which contributes to achieving integration and the desired goals in various development sectors.
His Excellency the Minister of Justice stated that the new system included in the law came after a study that took continuous months, which included all the implementation articles in the Civil and Commercial Procedures Law issued 50 years ago, and a comparative study of many legal systems related to implementation, expressing deep thanks and appreciation to the Supreme Judicial Council, The Laws and Legislation Modernization Committee, the Ministerial Committee for Legal and Legislative Affairs, the Ministry of Industry, Commerce and Tourism, the Central Bank of Bahrain, the Legislation and Legal Opinion Authority, and the legal team at the Ministry, for their efforts and the views and opinions they provided that contributed to the preparation of the project contained in this law.