English abstract
This study came to address the problem of the effectiveness of the Omani real
estate registry in achieving civil protection for real estate ownership and the legal
centers related to it. The Omani Land Registry System Law was enacted in the year
1998, after which many laws were issued, such as the Civil Transactions Law and the
Civil and Commercial Procedures Law. Does the Omani Land Registry, in its current
identity, provide the required protection for real estate and is compatible with other
laws? The importance of this study is that it contributes to developing the rules related
to real estate ownership, specifically related to civil protection provided by the real
estate registry, and thus raising the level of real estate credit in the Sultanate.
The researcher used the descriptive approach based on explaining the types of
real estate records and distinguishing them from each other, and also relied on the
analytical approach based on analyzing the general situation of real estate records and
the legal texts related to them and real estate in general and the extent of the adequacy
of civil protection provided for real estate ownership. Finally, the study adopted a
comparative approach with some other legislation to find the strengths and
weaknesses of Omani real estate records.
The thesis reached many results, the most important of which is that the Omani
legislator adopts the real estate registry system. The study also concluded that the
Omani real estate registry performs two functions out of three that real estate
ذ
registries generally perform, and that the legislator gave the real estate registry
relative authority instead of absolute authority, and that the legislator takes this into
account in light of the problems surrounding the Omani real estate registry system.
The most important thing that the study recommended is that the legislator take a firm
stance by making registration as an essential basis of the transaction and not limit it
to a condition for the transfer of ownership, and to create an electronic system of real
estate records.
