Q4. How do you qualify the action taken by B and is it
permissible for B to claim compensation and remedies
• B person (the owner) has the authority to request that person A (the tourism
company) return the building back under the same terms that A was given.
• Reasons that qualify the action taken by B .
• The tourism company starts the work before getting the owner's
approval, and they do so without being paid in any way to the
owner.
• Is the agreement valid?
• The actions conducted by B are acceptable, and he has the right to ask A for
compensation and other remedies.
• First article of the Evidence Law
• According to the rule, the owner has the power to assert his claim to damages in
the court.
• Explained in Article 62, B has rights over A.
• After considering the above reasons and regulations, B's action and his demand
for compensation, damages, and remedies are appropriate, and the court will
restore his rights.
• 1st slide
• Dear All, First, thank you my friend …. For giving me the flour
• Lets introduce the fourth point, How do you qualify the action taken by B and is it permissible for B to
claim compensation and remedies.
• According to the circumstances, (the owner) has the authority to request (the tourism company) to return the
building under the same terms that (the tourism company) was granted.
• For this reason, the problem arose when the tourism company started working without first receiving approval
from (the owner) and without being paid in any way. Because B is the owner, this created a situation where A
started without B's full consent. There is a lawful contract between them; but the validity of the agreement
depends on whether it is in writing or not.
• 2nd slide
• Even if A and B have an investment contract and an agreement, the type of the agreement will determine
whether it complies with the law. Furthermore, B is the owner of the structure and has every right to review
the drawings to determine whether they are appropriate for the structure or not. Therefore, B's acts are
acceptable, and he has the right to ask for compensation and other forms of relief.
• Therefore, in this instance, B must take its time in replying to the drawings because it will take time to
complete the procedure in its many stages before receiving the license and permit to begin.
• Now al-Khattab is going to complete
• 2nd slide
• ‘the first article of the Evidence Law" establishes an essential and well-known principle, namely that the burden of proof
rests with the plaintiff. As a result, the plaintiff must substantiate his claim and the defendant must contest it. Reliable
legally, it is not enough to merely state that something was sent without evidence or proof, whether it be in the form of
documentation, witness testimony, or other evidence.
• Since he affects him and caused damage to his building, the owner is now authorized to assert his entitlement to
compensation in court in exchange for that regulation.
• Additionally, Article 62 in the Omani civil transactions law explains why B has the upper hand over A because B is the
building's owner. This article said that A right in rem, according to the rule, is a direct authority granted to a person by
law over a specific piece of property and can be either original or dependent.
• Finally, we highlighted B's actions and his claim that the compensation and remedies are appropriate, and the court will
restore his rights following the reasons and regulations.