Abstract

Objectives: This study aims to develop an optimal approach to ensuring contractual consent and the contracting party’s full awareness of the subject matter. This primary objective gives rise to secondary objectives, including evaluating judicial interpretations based on the current legislative framework in the Omani Civil Transactions Law and assessing the effectiveness of legislative mechanisms in protecting contractual awareness. Methods: The study adopts a descriptive approach to outline the main features of the legislative framework governing options for non-binding contractual awareness and its protective mechanisms under the Omani Civil Transactions Law. This descriptive analysis serves as a foundation for applying the analytical method to examine this framework and highlight its shortcomings. Results: One of the main findings of this research is that options for non-binding contracts have provided significant protection for contractual awareness, addressing various aspects of this concept in a clear and interconnected manner. However, this advantage also presents a potential drawback-namely, the scattered legislative framework for each option, which may lead to inconsistencies and contradictions. Conclusions: This research concludes that the legislator has prioritized ensuring contractual awareness, either through general rules governing knowledge of the subject matter or through provisions granting the buyer the right to rescind the contract in the absence of such awareness. Furthermore, the duty to disclose remains a general obligation on the seller and possesses distinct characteristics that differentiate it from the broader legal protections related to contractual awareness.