Administrative Forfeiture In Omani Legislation.

The Omani Legislature has established administrative forfeiture as a way for the managing authority to collect outstanding debts from defaulting debtors without involving the judiciary. However, this system is rarely used by the entities with theright to enforce it. To address this issue, a research study has been conducted to highlight the administrative forfeiture system. The study is divided into two sections. The first section explains the concept of administrative forfeiture, distinguishes it from judicial forfeiture, and clarifies its legal nature. The second section discusses the reasons for using administrative forfeiture, the types of debts that warrant this approach, and the conditions that must be met for its implementation. It also delves into the specific conditions and properties subject to forfeiture and the definition of funds that cannot be seized administratively. The research employed an inductive, analytical approach to evaluate how Omani legislation handles administrative forfeiture. The study concludes with a set of results and recommendations aimed at protecting the state's rights and ensuring legal guarantees for defendants.

Authors

Publication Details

Journal
Sultan Qaboos University Legal Studies Journal
Published
2024-09-26
DOI
https://doi.org/10.61191/squlsj.v3i1.6180
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

Administrative Forfeiture In Omani Legislation.

كاملـة بنت ناصـر بـن سـالـم التوبيـة, سالم بن يحيى بن سالم الخروصي
Sultan Qaboos University Legal Studies Journal
Islamic Finance and Banking Studies
article

Administrative Forfeiture In Omani Legislation.

كاملـة بنت ناصـر بـن سـالـم التوبيـة, سالم بن يحيى بن سالم الخروصي
article en

Abstract

The Omani Legislature has established administrative forfeiture as a way for the managing authority to collect outstanding debts from defaulting debtors without involving the judiciary. However, this system is rarely used by the entities with theright to enforce it. To address this issue, a research study has been conducted to highlight the administrative forfeiture system. The study is divided into two sections. The first section explains the concept of administrative forfeiture, distinguishes it from judicial forfeiture, and clarifies its legal nature. The second section discusses the reasons for using administrative forfeiture, the types of debts that warrant this approach, and the conditions that must be met for its implementation. It also delves into the specific conditions and properties subject to forfeiture and the definition of funds that cannot be seized administratively. The research employed an inductive, analytical approach to evaluate how Omani legislation handles administrative forfeiture. The study concludes with a set of results and recommendations aimed at protecting the state's rights and ensuring legal guarantees for defendants.

Sultan Qaboos University Legal Studies JournalVol. 3(1)
Openalex Percentile: Top 54%
Islamic Finance and Banking Studies
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