دور الادعاء العام في منازعات الحيازة

Abstract EN

A tenure, or non-owner wcupancy.

is a physical condition in which a person has effective control over a right, whether that person is the holder of it or not.

tenure lawsuits differ from the prosecution claims.

the first one aims to protect the adverse possession regardless of the basis and legitimacy of the right whereas the second one the right holder addresses the basis and legitimacy of the right.

thus, the Omani legislator has adopted tenure lawsuits in the civil and commercial procedures law, promulgated by royal decree no.

(29/2013), in order to preserve the interest of the national economy by encouraging the holder to exploit use of the possession, and functions as punishment for the owner as a result of neglecting.

the legislator has also adopted the role of the public prosecution related to it in accordance to article 39 of the civil and commercial procedures law which entrusts the holder whether original or occasional to resort to the public prosecution to reclaim these locations under dispute in order to appease them temporarily until their ownership are being approved and also for considerations related to the community's security and stability.

the role of the public prosecution is limited to the magistrate of summary justice by reviewing the documentary evidence of these alleged without prejudice to the right in order to appease the locations under dispute until they are being resolved.