– the question: I purchased a property through an Islamic bank and committed myself to paying the installments as agreed upon, but as a result of my financial situation stumbling after that, I asked the bank to reschedule the loan so that I could continue paying, but the bank refused to reschedule, which forced me to sell the property at the end command. Does the bank have the right to refuse rescheduling? I was also surprised, during the procedures for selling the aforementioned property, that the area mentioned in the title document is completely different from the area mentioned in the sale contract concluded with the bank, as the area mentioned in the document is less than what is written in the sale contract, so what is the correct legal action regarding the difference The area in the sales contract for the actual area of the property?
– Attorney Hassan Al-Agouz: Despite the directives of the Central Bank of Bahrain to retail banks and financing companies and motivate them to cooperate with customers who face financial difficulties, as stated in the Charter of Best Practices that: (licensees should resort, as far as possible, to alternative arrangements that help customers overcome difficulties in payment), but That what was stated in the terms of the charter are general expressions of encouragement that are not binding on banks, so as long as the terms of the financing agreement did not contain any obligation on the bank to accept the rescheduling, the bank cannot be obligated to agree to reschedule the financing, whether by adjusting the value of the installment or amending the payment period as it stipulates Article (128) of the Civil Code stipulates that: “The contract is the law of the two contracting parties, so neither of them may independently nullify it or amend its provisions, except within the limits permitted by the agreement or required by the law.” This matter in which the customer does not have the right to object to the bank’s decision in this matter. particular.
As for the difference in the area of the property in the sale contract from the actual area of the property, according to Article (396) of the Civil Code, the buyer may request termination of the contract or a reduction in the value of the sold property in the event of a decrease in the amount indicated in the contract, as it states that: “If specified in The contract is the amount of the thing sold, the seller was responsible for the shortfall of this amount according to what is required by custom, unless otherwise agreed, provided that it is not permissible for the buyer to request termination of the contract due to a shortfall in the thing sold unless he proves that this shortfall is of such magnitude that if he had known it he would not have completed it. The contract, bearing in mind that it is not possible to request a reduction in the price or termination of the contract after the lapse of one year from the actual delivery of the sold item in accordance with the provisions of Article (398) of the same law, which may lead to the court ruling not to hear the case.
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