Scope of Application of the Omani Consumer Protection Law No. 66 of 2014
Dr. Yousef A. Nawafleh
Assist. Prof. of Private Law – College of Law – University of Sultan Qaboos Muscat – Oman
Dr. Saleh H. Albarashdi
Assist. Prof. of Private Law – College of Law – University of Sultan Qaboos Muscat – Oman
Abstract:
Omani Consumer Protection Law No. 66 of 2014 was issued as a successor to the Law No. 81/2002. The definition of consumer is broader and more comprehensive in accordance with the new law. The law includes protection of services, unlike the old law, which was limited to the protection of goods only. In accordance with the new law, a person is considered a consumer; whether he received the service for a fee or not, while the old law provided protection only for paid goods/ services.
Scholars and courts in Egypt, France and the Sultanate of Oman have various views as to the meaning of the consumer, who deserves a legal protection, and to what extent the supplier might be deemed as a consumer in certain cases. They also disagreed on who is to be considered a consumer. Therefore, it was important to clarify the meaning of consumer and a service provider, and whether the law can be applied on the normal person – to certain extents – as a consumer or not. Hence, the clarification of the scope of application of the Omani Consumer Protection Law no. 66 of 2014 became necessary.
Accordingly, we have decided to examine and analyze the provisions of the Omani Consumer Protection Law in accordance with the view of scholars and jurisprudence in addition to comparing the position of the Egyptian and French legislators to determine the category which requires protection and specify the scope of application of the Consumer Protection Law of Oman in terms of persons and subject matter. This is due to its importance especially when applying the provisions of the law, whether by the General Authority for Consumer Protection, or by the judiciary, lawyers and others.
Based on this, the most important aspect of the study will be on clarifying what is meant by the consumer and the provider, as well as shedding light on the electronic contract, and the possibility of applying the same legal rules of that of traditional contract.
The study concluded that the Omani legislator used a broad term when defining the consumer, which created a difference in jurisprudence and judiciary about its meaning. It also concluded that it is possible to apply the provisions of the law to electronic contracts, although it is better -as we recommended- to include special provisions for the electronic consumption contracts. The study emphasizes the need to reconsider the concept of the consumer and the provider in the current law.
Keywords: normal consumer, normal and legal persons, e-consumer, provider, professional.