English abstract
The aim of this research is to study the rules governing ownership endorsement of Bill of Lading under Omani law. The study will discuss the adequacy of the legal provisions governing this type of endorsement. It is noted that Omani Maritime Law that was promulgated by a Royal Decree no 35/81 stated in Article 3/240 that Bill of Lading can be transferred by endorsement. However, this article did not provide further details relating to the necessary requirements of such endorsement. Moreover, Omani Commercial Code of 55/1990 and in particular in Article 577 stated that all provisions relating to the endorsement of Bill of Exchange shall apply to all commercial papers/ bonds which are subject to be transferred by endorsement. Thus, the provisions of the Commercial Code apply to all persons who undertake, by signing commercial papers, to pay a certain amount of money or an ascertain amount of money or similar to it in a particular time for the order of someone called "the beneficiary". However, unlike other commercial papers, Bill of Lading differs. This leads the researcher to explore a number of issues/questions: what is meant by endorsement? Which are its requirements? How it differ from other commercial papers & the consequences of such difference? In approaching such issues/ questions this thesis is divided into three chapters. Having stated the main results, this thesis spells out a number of recommendations in order to be taken into consideration by the policy maker
