Tort law at Oman
Tort law in Oman is primarily governed by the Civil Transactions Law (Royal Decree No. 29/2013), which serves as the cornerstone of the country's legal framework. Oman operates under a civil law system, where legislation is the primary source of law, and judicial precedents are not binding. The judiciary is independent and operates in accordance with the rule of law, with the court system comprising Primary Courts, Appeal Courts, and the Supreme Court .
🧾 Key Principles of Tort Law in Oman
1. General Liability for Harmful Acts (Article 176)
Under Article 176 of the Civil Transactions Law, any person who causes harm to another—whether to their person, property, or honour—is liable to compensate the injured party. This provision establishes the foundational principle of tortious liability in Oman .
2. Conditions for Civil Liability
The Supreme Court of Oman has outlined three essential conditions for establishing civil tort liability:
A legal error (wrongful act) must be established;
Actual harm must have ensued;
There must be a causal relationship between the error and the resulting harm .
3. Statute of Limitations (Article 185)
Claims for compensation resulting from a tort are subject to specific time limits:
Five years from the date the injured party becomes aware of the injury and the responsible party.
Fifteen years from the date the wrongful act occurred, regardless of the injured party's awareness .
4. Medical Liability
Healthcare professionals in Oman may face civil liability for medical errors or negligence. Civil liability in the medical context can be either contractual or tortious. In the absence of a contract, tortious liability applies. The healthcare provider must have committed a legal error, caused actual harm, and there must be a causal link between the two .
5. Strict Liability in Construction (Article 636)
Contractors and engineers are strictly liable for defects in construction works that affect the stability or safety of a building. This liability lasts for ten years from the completion of the work. Any contractual clause attempting to limit or exclude this liability is considered void .
6. Exclusion of Liability Clauses (Article 183)
Article 183 of the Civil Transactions Law renders any contractual provision that seeks to exempt a party from liability for a harmful act void. This ensures that parties cannot contractually absolve themselves from liability for tortious acts .
⚖️ Judicial Approach and Legal Education
Oman's judiciary adopts a purposive approach to interpreting laws, aiming to identify the intent of the parties involved. Legal education and awareness regarding tort law are evolving, with institutions like the Higher Judicial Institute conducting seminars to discuss legal principles, including those related to tortious liability .
✅ Practical Considerations
Legal Representation: Individuals seeking to pursue a tort claim in Oman should consult with legal professionals experienced in Omani civil law to navigate the complexities of the legal system effectively.
Documentation: Gathering comprehensive evidence, including medical records, contracts, and witness statements, is crucial for substantiating a tort claim.
Timeliness: Be mindful of the statute of limitations to ensure that claims are filed within the prescribed timeframes.
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