Sayed Ibrahim Al Alawi
Lawyer, Master›s Degree in Private Law
College of Law, University of Bahrain
Manama, Kingdom of Bahrain

Abstract:

According to a comparative analytical approach, the research addresses the issue of the right of jurisdiction, which Bahraini civil law lacks any regulation of, unlike some Arab laws, such as the Egyptian civil law, the Qatari civil law, and the Algerian civil law, with the aim of arriving at a legal regulation appropriate to the Bahraini legal system. To achieve this goal, it was necessary to divide the research into two sections, preceded by an introduction defining the right of jurisdiction. The first section addressed the origin of the right of jurisdiction, while the second addressed the effects and expiration of the right of jurisdiction.
It was noted that the origins of the right of jurisdiction go back to the judicial mortgage system in force in France, and it is one of the subsidiary real rights that arise for the benefit of the creditor in good faith who has a judicial ruling that must be executed by virtue of an order on petition, such that it allows him to monopolize execution on one or more of the debtor’s properties, without competition from late creditors, and gives him the advantages of tracking and advancement, and the same effects result from it as the security mortgage with a special effect known as the right to reduce jurisdiction, in defiance of the principle of the indivisibility of the guarantee.
It expires primarily and consequently for the same reasons as a security mortgage, with the exception of other reasons specific to it that emerged as a result of its judicial origin. The study concluded that the majority of jurisprudence, that the only difference between the right of jurisdiction and a security mortgage lies in its origin, is incorrect. The Bahraini legislator recommended that the right of jurisdiction be regulated in civil law in terms of its origin, effects, and expiration, taking into account the procedural aspects of the electronic litigation system in Bahrain.
Keywords: Right of jurisdiction, jurisdiction, creditor, debtor, real estate, mortgage.

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