مسقطات الشفعة في التشريع العماني

Abstract EN

Because of its importance, this study examines the subject of pre-emption drops.

since pre-emption is considered exceptional legislation and represents a restriction on an owner's ability to sell his property to whomever he wants while protecting the buyer, a legislator has protected preemption from controls and provisions that could result in its fall if certain factors are not taken into account.

the preemption is not free to exercise the right to preempt whenever he wants, there are conditions and procedures that he must follow, otherwise, he will fall into the trap of preemption.

the first section dealt with the waiver of the pre-emptor of the right to pre-emption, whether explicitly or implicitly as one of the drops of pre-emption, and the subject of the demise of the legal status of the pre-emptor as that also drops the right of the pre-emptor in pre-emption.

as part of the preemption process, the preemptor must own the property accompanied by the sale and continue to own it until he is sentenced to do so.

as discussed in section two, preemption fell when the plaintiff failed to file the lawsuit within thirty days of receiving knowledge of the preemption.

preemption with no acceptable excuse is one of the drops of preemption, as was mentioned that non-payment of the price is another drop, and if he demanded preemption over part of the property without the rest, the right of preemption also falls under preemption.

the research was concluded with a number of findings, including the following: in accordance with Omani legislation, the pre-emptor is entitled to take advantage of the term granted the buyer in paying the price without the seller's consent, as well as several recommendations, the most important of which are: as pre-emption is an exceptional statute, the pre-emptor must pay the full price immediately and benefit from the term granted to the buyer with the seller's consent.