THE CONTRIBUTION OF REAL ESTATE REGISTRATION LEGISLATION IN THE SULTANATE OF OMAN TO THE ESTABLISHMENT OF A FOREIGN INVESTMENT FRAMEWORK
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Abstract
Countries are measured by the strength of their laws and the diversity of their regulatory frameworks, which serve society while keeping pace with global legal developments. This adaptability attracts foreign investors whose projects can contribute to the economic growth and development of the host country.
It is clear that most investments, whether industrial, agricultural or developmental, require a secure property portfolio. The legal security of property is primarily derived from the registration system, in particular the comprehensive land registration system, which is based on detailed surveys of state land. This system assigns unique identifiers to each property, providing comprehensive information on its description, physical attributes, area, boundaries and location. The legal registration process, administered by the Real Estate Registration Authority, publishes properties in a special registry, creating a specialised database that assists in real estate management, matching investments to property characteristics, and attracting foreign investment seeking a secure environment.
The property registration system, which is based on global standards, has been widely adopted by countries that previously did not have a registration system or used a personal registration system that did not provide legal certainty. The latter system relies on property owners and does not adequately account for the properties themselves, leading to confusion over ownership and fraudulent transactions. Such instability may deter foreign investors.
This study examines the relationship between property registration legislation and foreign investment promotion requirements, and assesses the adequacy of this legislation in promoting foreign investment for development purposes.
Research question: To what extent is the real estate registration legislation in the Sultanate of Oman sufficient to attract foreign investment and achieve development?
To answer this question, the study is divided into two main sections:
- The need for legal certainty in real estate for foreign investment.
- Providing investors with enhanced protection in dispute resolution.
Ultimately, the study aims to provide an analytical review of Oman’s Real Estate Registration Law in relation to the requirements of foreign investment.
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References
Wais Fathi, The Real Estate Law in Algerian Law and Comparative Laws, 2nd edition, Dar Houma for Printing, Publishing and Distribution, Algeria, 2015.
Royal Decree No. 05/80 enacting the Land Law of 1980, dated 04/02/1980.
Royal Decree No. 50/2019, enacting the Foreign Capital Investment Law.
The Executive Regulation pursuant to Ministerial Decision No. 82/2020, enacting the Executive Regulation of the Foreign Capital Investment Law.
Royal Decree No. 29/2022 amending certain provisions of Royal Decree No. 05/81 with amendments to the Executive Regulation for the Usufruct of Land in the Sultanate of Oman.
Royal Decree No. 125/2020, enacting the Law to Simplify Litigation Procedures in Certain Disputes.