English abstract
Foreign investment represents a refuge for countries. It helps them benefit from their
resources, as it works as an effective tool. Based on it, they achieve their development goals through
the transfer of technology and the expertise of developed countries as well as providing job
opportunities. Accordingly, the prominent role played by foreign investment in the economic life of
countries is clear, as it contributes to their economic development. This made it capture their attention
and became their desired goal to build their wealth. This prompted the countries to look forward to
attracting foreign investment by providing more incentives and guarantees that would provide an
attractive environment for it.
Since this is the case, the Omani legislator issued the Foreign Capital Investment Law
promulgated by Royal Decree 50/2019, establishing many guarantees for the foreign investor, but it
neglected to draw an adequate legal framework for the foreign investor's civil liability.
The problem is therefore the need to establish a special legal regulation of the foreign investor's civil
liability to achieve balanced protection for the parties to the investment contract. Based on this
problem, this study was aimed at defining the foreign investor's obligations, as well as clarifying the
elements of civil liability for the foreign investor. In addition, it aimed at examining the adequacy of
the general rules in the Omani Civil Transactions Law, civil liability.
The study examined the civil liability of the foreign investor through two chapters and a conclusion
that included several results and recommendations. One of the most notable results is the absence of
specifying the foreign investor's obligations in the Foreign Capital Investment Act. We therefore
recommend that the Omani legislator define it clearly and explicitly. The Omani legislator also does
not introduce the idea of prior avoidance of the contract on the basis of the expected harm if one
contractor has demonstrated that the other will inevitably be unable to fulfil his future obligations.
We therefore propose that the Omani legislator adopt the idea of prior avoidance in continuing
contracts when the breach is confirmed.
