Tag: Case and Fatwa Summary

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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.

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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.

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Case Summary: Supreme Court (Commercial Circuit B) Contestation 642/2020 (Newer Dispute Resolution Clause Supersedes an Older Dispute Resolution Clause)

The Supreme Court held that a dispute resolution clause in the articles of association of a company designating Omani courts as the competent authority for disputes between two partners supersedes an arbitration clause in a prior joint venture agreement between the same partners, as the later contract reflects the final will of the parties and revokes conflicting terms in the earlier agreement.

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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.

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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.

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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.

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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).

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Fatwa Summary: MJLA Fatwa 202737218

The Ministry of Justice and Legal Affairs (MJLA) deemed the Corporate Governance Principles for Government-Owned Companies issued by the Capital Market Authority (CMA) to be invalid due to the failure of the CMA to publish such principles in the Official Gazette and the lack of competence of the Executive President of the CMA to issue them. The MJLA also held that companies subordinate to the Oman Investment Authority are not exempt from the scope of such principles.

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Case Summary: Supreme Court (Civil Circuit A) Contestation 1176/2019 (Vicarious Liability for Employee Conduct)

The Supreme Court held that an employer is vicariously liable for the nuisance caused by its employees parking their vehicles in front of a property of another person.

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Case Summary: Supreme Court (Comp Circuit) Contestation 210/2020 (Validity of Power of Attorney Issued to Law Firm)

The Supreme Court held that a power of attorney submitted for a contestation must be issued in the name of the specific lawyer signing the petition, not in the name of the law firm.

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