English abstract
Executing the foreign verdicts is one of the most important subjects of the international law especially in our present time which witnesses the development of the relationships between individuals on the international level. In this study, we investigate how to execute the foreign judicial verdicts as most countries apply the control system through which the foreign judicial verdicts can be executed locally, This can be performed through the external control of such verdicts by a judge from the country where the execution is required. The judge is required to verify the availability of specific conditions in such verdicts in order to execute the same, Out of respect of the acquired rights, all countries seek facilitating the execution of foreign verdicts by concluding dual or collective agreements in such field. The main findings of this study include:
1. In Civil & Commercial Procedures Law Royal Decree No 29/2002, the Omani legislator suspended issuing the order to execute the foreign verdict on a preliminary condition which is reciprocity i.e. the Omani judge shall deal with the foreign judicial verdicts required to be implemented in the Sultanate of Oman in the same manner the Omani verdicts are dealt with in the country which rendered such verdict. This means that the Omani judge shall allow the implementation of the foreign verdict in Oman subject to the same conditions under which the Omani verdict is implemented in the foreign country of which courts rendered the verdict required to be executed in the Sultanate of Oman. 2. In addition to the reciprocity condition in terms of executing and recognizing a foreign verdict in the Sultanate of Oman, the Omani legislator required a set of further conditions representing the minimum which may not be tolerated. The Omani legislator biased to the tendency or situation which allows executing the foreign judicial verdicts after inspecting and controlling the same by the national courts before conferring the executive form thereon or giving the order to execute such foreign verdicts on the Omani lands i.e, a foreign verdict may not be executed in Oman unless the conditions defined in Article (352) of the Omani Civil and Commercial Law are available as they are fundamental indispensable conditions for the validity of verdict from the international point of view. 3. The proceedings to execute the foreign judicial verdicts shall be subject to the law of the country where the foreign verdict is required to be executed.
