الملخص الإنجليزي
"The system of non-hearing of the lawsuit is one of the controversial systems
among legal scholars, as many believe that non-hearing of the lawsuit leads
to the forfeiture of the creditor's right and the expiration of the debtor's
obligation. Accordingly, some have called for not adopting this system due
to this incorrect understanding, while others have advocated for the necessity
of adhering to this system for the sake of stability in transactions and to
achieve the public interest. Therefore, the topic was chosen for research in
accordance with the provisions of Omani law, and adopting the comparative
analytical approach as a means to clarify the understanding of the provisions
and outcomes of this system. The research was divided into three chapters:
the first chapter elucidated the purpose of the system and distinguished it
from similar systems, the second chapter addressed the legal regulation of
cases and periods of non-hearing of the lawsuit, and the third chapter
discussed the procedural regulation of dismissing the lawsuit. The research
concluded that the non-hearing of the lawsuit does not affect the essence of
the right, but rather impacts the creditor's right to initiate a lawsuit to protect
that right. The study ended with several recommendations, the most
important of which is that it is appropriate for the Omani legislator to
explicitly state that the right does not expire over time, and that it becomes
due in the debtor's liability, whether it is a natural obligation or a religious
obligation, if a judgment of non-hearing of the lawsuit is issued in his favor".
