By Munira Farhan
The check is one of the most prominent tools for loyalty in commercial and financial transactions; In view of its legal obligation and speed in circulation and with the aim of ensuring the stability of financial relations and encouraging confidence in non -monetary transactions, as well as enhancing the flexibility of the check as a fulfillment tool while preserving its legal strength, the modern legislative orientation in the Kingdom of Bahrain regarding the partial fulfillment of the check and considering it an executive bond without prejudice to the right of the beneficiary to take legal measures came based on the response to the requirements of economic reform and developments Modern banking, especially with the increasing issues of returned checks due to insufficient balance.
On the basis of this, the Bahraini legislator has given special importance to developing the legislative system in a way that keeps pace with economic developments, and enhances the effectiveness of the check as a fulfillment tool as it contributes to ensuring the disbursement of checks, and the collection of the beneficiary to part of the value of the returned checks, so the Bahraini legislator is to amend some provisions of the Trade Law issued by Decree Law No. (7) of 1987, and the Penal Code issued by Decree Decree No. (15) For the year 1976 on checks, it is an important step towards addressing the problems of returned checks, insufficient balance or issuing a check without balance, and achieving a balance between the rights of the drawer and the beneficiary, in a way that contributes to the prevention of crime, reduce resort to criminal accountability, as well as the partial payment of the check.
Finally, according to these amendments, the bank has become obligated to pay the part of the value of the check upon application, while granting the beneficiary a certificate of partial fulfillment, and this amount is a valid fulfillment of the amount of what was paid with the right of the beneficiary to return to the rest of the amount.
Although the check still maintains its criminal nature in the absence of the balance, the enabling of the beneficiary to obtain a portion of the amount reduces the motives for resorting to criminal accountability, and gives the parties an opportunity to solve friendly or civil implementation.
