01
Legal issue
A bank may not obtain an order to sell mortgaged land in satisfaction of debt without first giving the notice required by Article 225 of the Commercial Law.
02
Published principle
The Arabic text published by the Supreme Court is the primary source. The English translation was published by the Technical Bureau; Russian and Chinese are unofficial Smart Global Capital editorial translations.
This is a published legal principle—an extract selected by the Supreme Court of Oman Technical Bureau—not the full text of the judgment.
A judgment authorising a mortgagee bank to sell mortgaged land in satisfaction of the debt is erroneous where the bank did not notify the mortgagor before seeking the sale order, as Article 225 of the Commercial Law requires. If the mortgagor is not the debtor but an in rem surety, the mortgagor may not require prior recourse against the debtor’s assets unless the parties agreed otherwise.
03
Applicability
Application depends on the security type, the mortgagor’s status and compliance with the prescribed sale procedure. Current security and enforcement rules, the agreement and the notice must be checked. This is an account of the published principle, not a full judgment translation.
04
Related instruments
- Commercial Law, Article 225
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