Category: Intel

Categories
Intel

Case Summary: Supreme Court (Commercial Circuit A) Contestation 223/2019 (Failure to Issue Government Permits as a Breach of Usufruct Agreement)

The Supreme Court held that the refusal of a government entity to issue a permit or a licence is not a breach of a usufruct agreement signed with the government, even if such agreement includes a provision requiring the government to provide assistance and support in obtaining such permits or licences.

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 1235/2020 (Reinterpretation of Contractual Terms)

In application of article 165 of the Civil Transactions Law, the Supreme Court held that contract clauses that are explicitly clear regarding the obligations of the parties in a development agreement cannot be reinterpreted.

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

Fatwa Summary: MJLA Fatwa 212744737 (Oman Housing Bank VAT Exemption)

The Ministry of Justice and Legal Affairs (MJLA) held that the Oman Housing Bank, a government-owned enterprise under the Oman Investment Authority, is exempt from value added tax (VAT).

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

Fatwa Summary: MJLA Fatwa 212746193 (Applying Civil Transactions Law to Contractual Rights)

The Ministry of Justice and Legal Affairs (MJLA) confirmed the right of the employer under the Standard Contract for the Construction of Buildings and Civil Works to replace a contractor with another if the first contractor goes bankrupt in accordance with article 63-1 of the Standard Contract. The MJLA noted that the exercise of this right can be restricted by the provisions of article 59 of the Civil Transactions Law, but determined that none of the cases of article 59 applied in this case.

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

Fatwa Summary: MJLA Fatwa 212743438 (Contract Succession between Government Entities)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the allocation of a government building to a government entity does not automatically make that government entity a party to a construction contract relating to that building when another government entity has been explicitly assigned the obligations relating to this contract by royal decree.

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

Fatwa Summary: MJLA Fatwa 212743851 (Contract Value Revision)

The Ministry of Justice and Legal Affairs (MJLA) adopted a literal interpretation of article 52-3 of the Standard Contract for the Construction of Buildings and Civil Works, Fourth Edition 1999 stipulating that the contractor is entitled to a revision of the contract value if the cumulative value of the variation orders exceeds 10% of the original contract value.

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 591/2021 (Joint Liability of Contractors and Engineers for Construction Defects)

The Supreme Court confirmed that both the contractor and the engineer are jointly liable for defects in a construction project for a period of ten years from the completion of the project, irrespective of what the contract says, in accordance with articles 634 and 635 of the Civil Transactions 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) Contestation 903/2019 (Invalidity of Lawsuit Against Deceased)

The Supreme Court held that a lawsuit cannot be commenced against a deceased person, that any such lawsuit is null and void, and that this procedural mistake cannot be corrected by any subsequent action.

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 (Criminal Circuit) Contestation 818/2021 (Liability of Food Delivery Platform)

The Supreme Court held that Talabat is a "supplier" for the purposes of the Consumer Protection Law, and therefore, Talabat is liable towards the consumer for the failure of a restaurant to deliver food to a consumer.

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

Fatwa Summary: MJLA Fatwa 212747517 (First-Sale VAT Exemption)

The Ministry of Justice and Legal Affairs (MJLA) deemed that the first sale of real estate by the developer in integrated tourism complexes is not exempt from value added tax (VAT).

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.