English abstract
The subject matter of this research is the legal system of the commercial mortgage according to the Omani law; as this matter is of significance in the world of commerce where so many traders deal with mortgage to obtain credit. Based on what I have mentioned above, this thesis includes an introduction stating the importance of the commercial mortgage, the date of its emergence and its legal system. The introduction also includes the research plan that I have followed. The research includes two chapters. The first chapter consists of three themes; the first theme addresses the concept and characteristics of the commercial mortgage contract, and the second theme addresses the creation of the commercial mortgage and the ways of devolution of the mortgaged 'fund. The third theme addresses the subject of proving the devolution of the commercial mortgage contract and the ways of exchanging the mortgaged funds. The second chapter of the research addresses the impacts arising from the commercial mortgage contract, the guarantees given by the mortgagee and the ways of devolution of the mortgaged funds through three themes. The first theme addresses the matter of obligations arranged by the commercial mortgage contract on both parties, while the second theme addresses guarantees of the creditor/mortgagee and the ways of the commercial mortgage expiration.
The research concludes with highlighting the most important results that characterize the commercial mortgage contract in terms of legal and procedural aspects. So, it has been recommended that some provisions should be added to the provisions related to the commercial mortgage contract in the Omani Commercial Law.
