الشفعة في قانون المعاملات المدنية العماني.
المصدر
مجلة الدراسات الفقهية والقانونية. ع. 5. ص. 1-47.
مؤلف
الغافري، إبراهيم بن عبدالله بن سالم.
العنوان الأصلي
الشفعة في قانون المعاملات المدنية العماني.
الملخص الإنجليزي
The Omani legislator provides procedural limitations on the right of preemption use. On the one hand, preemption is limited in the case of partnership, whether joint or in partnership status in the easement between the property subjected to preemption and the property under which the preemption is made. The legislator has identified some of the sales in which the preemption was not allowed. On the other hand, the legislator had established procedural restrictions on the duration of the preemption claim. Depositing the price had not been required before the suit had been filed.
The legislator further addressed the effects of the preemption implication; considering preemption as a new purchasing contract between the buyer and the preemptor. The replacement of the preemptor by the buyer was not set in the first sales contract. On the other hand, he specified the time of transfer of ownership of the property to the preemptor and the relationship of the preemptor with the buyer and its relationship with the third party.
However, some of the issues of preemption raise questions about the lack of clarity of the legislator; including the legislator’s position on the selling from one partner to another in the event of a joint estate. In addition, some of the provisions of the preemption provided by the legislator conflict with the fact that the preemption is considered as a new contract.
