Category: Intel

Categories
Intel

Case Summary: Supreme Court (Civil Circuit) Contestation 534/2019 (Third-Party Beneficiary Rights in Construction Contracts)

The Supreme Court held that if a contracting party stipulates a right for the benefit of a third party, that third-party beneficiary acquires a direct right against the obligor to demand the performance of that stipulation, granting them legal standing to sue for breach of contract despite not being a direct signatory.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 970/2010 (Liability of Guarantor Shareholders for Company Debts after Sale of Shares)

The Supreme Court held that a shareholder who signs a guarantee agreement for the debts of the company remains liable for these debts even after selling his shares in the company.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Compensation Circuit) Contestation 231/2020 (Invalidation of Power of Attorney)

The Supreme Court held that a power of attorney to appoint a lawyer as a representative of a joint stock company before the Supreme Court is invalid because it was signed by a person who was not the chairman of the board of directors of the company.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit B) Contestation 160/2019 (Liquidated Damages and Indirect Damages in Construction Contracts)

The Supreme Court ruled that contractually agreed delay penalties constitute liquidated damages that limit a debtor's liability, precluding additional claims for the same delay. Furthermore, indirect damages are not compensable under contractual or tortious liability, and determining legal liability is the exclusive jurisdiction of the courts, not technical experts.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1007/2018 (Legal Representation in Arbitration and Requirements for Issuing Awards)

The Supreme Court ruled that the Law of Arbitration in Civil and Commercial Disputes does not require arbitration claims to be filed or represented by a registered lawyer, nor does it require arbitration awards to be pronounced in a public hearing, and not following these procedures does not constitute a ground for nullifying an arbitration award.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit) Contestation 877/2018 (Limited Liability of Partners in a Limited Liability Company and Raising Lack of Standing)

The Supreme Court held that a partner in a limited liability company is not personally liable for the company's debts beyond their share in its capital, even where they signed cheques on the company's behalf. It also confirmed that an objection of lack of standing may be raised for the first time at any stage of litigation, including before the Supreme Court, under article 116 of the Civil and Commercial Procedures Law.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 215/2018 (Invalidity of Foreign Jurisdiction Clauses in Local Contracts)

The Supreme Court held that a contractual clause assigning jurisdiction to a foreign court cannot override Omani courts' jurisdiction when the contract was created and performed in Oman, as procedural jurisdiction rules are matters of public order under article 30 of the Civil and Commercial Procedures Law.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 1067/2018 (Validity of the Sale of a Commercial Register)

The Supreme Court ruled that the sale of a commercial register is not legally binding unless it is registered in the Commercial Register within one month of the sale, as required by article 8 of the Commercial Register Law. A preliminary, unregistered agreement does not constitute a valid sale.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Labour Circuit) Contestation 802/2020 (Termination of an Employee Under Probation)

The Supreme Court held that an employee improperly dismissed during the probation period is only entitled to compensation for the pay of the legally required notice period (i.e. seven days) and does not have the right to have his employment reinstated.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.

Categories
Intel

Case Summary: Supreme Court (Rent Circuit) Contestation 250/2017 (Arabic Requirement for Court Evidence)

The Supreme Court refused to admit evidence because it was not submitted in the Arabic language.

You do not have a valid subscription to view Decree Intel. Decree Intel is a database of Omani legal research material that covers explanatory notes, government entity overviews, and case and fatwa summaries. Decree Intel is a separate subscription from Decree Legislation. Contact us to learn more.