مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jun 2022)
Substantive Implementation Disputes in Omani Law "A Comparative Study"
Abstract
The study dealt with the issue of Implementation Disputes - which are also called implementation problems - which are considered as one of the obstacles that hinder the progress of implementation and lead to stopping the progress in it. The research problem was that Implementation Disputes is considered one of the biggest obstacles that lead to delaying implementation, and the creditor who obtains a judgment may be harmed by that. In the first section, the research presented the provisions of substantive dispute and clarified that it is required in the dispute not to prejudice the origin of the right, that is, what has been judged. Also, the dispute must be based on a legal basis, and there should be no abuse of procedures. Therefore, the dispute will be rejected if it is not based on a legal reason, and among the legal reasons is the claim of entitlement to the property, which is filed by third parties to demand lifting the seizure of the property and claiming its ownership. Also, one of the reasons for accepting the dispute is the existence of the agreement following the judgment that prevents the execution of the judgment issued. The second topic dealt with the substantive dispute procedures, and the research explained that the court competent to consider the substantive dispute is the execution court in Omani law, which is a court formed by a single judge, and the submission of the dispute - if it is related to real estate - entails stopping the execution procedures until the dispute is resolved unless the court decides otherwise And if the complainant loses his case, this will result in the lapse of the order of stay of execution, with the possibility of a fine of not less than ten riyals and not more than one hundred riyals, as well as a ruling for compensation in favor of the complainant against him, if necessary. The research also clarified that the judgments of the execution judge issued to decide on the execution issue are appealed to the Court of First Instance consisting of three judges if the value of the dispute exceeds one thousand riyals and does not exceed three thousand riyals. But if the dispute exceeds three thousand riyals, the court competent to hear the appeal is the Court of Appeal. At the conclusion of the research, a number of results and recommendations were presented that could be useful in the future.
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