The claim of simulation as one of the means of general guarantee in the Omani Civil Transactions Law

Contracting parties usually resort to formality when they want to hide the truth of what they have contracted for a reason they have. Hence, the apparent contract, which is the formal contract, and the hidden contract, which is the real contract or what is known in Islamic jurisprudence and judiciary as the counter-paper. The debtor often resorts, if he senses the imminent execution of creditors on his money, to dispose of that money in a formal, non-real manner. The principle is that this money remains his property while it appears outwardly to be owned by others, with the intention of removing it from the scope of the general guarantee of creditors. Therefore, the legislator has placed in the hands of the creditor a formality suit to reveal the truth of his debtor's actions, and to return the money disposed of in a formal manner to his financial liability, in order to preserve the general guarantee established for creditors.