التعويض في عقود نقل التكنولوجيا

الملخص EN

Technology transfer contracts for the advantage of being based on trust between the contracting parties, as it is based on the account of personal, and therefore a loss of confidence in the society which is based on international trade is a serious indicator collapse of the level of progress attained through the cooperation of the parties to those contracts, so as tracers normally be the responsibility of one of the parties to technology transfer contract to prove when a breach in the implementation of the obligation placed upon, which is the same time established the right of the other party to obtain compensation for the reparation of his right as a result of such breach by the debtor However, whatever the reason for the annulment or the injured party than the compensation that followed may not be enough to repair the damage caused by the breach, so do not be in favor of termination are often two sides Hilji to remove the causes of conflict in accordance with good faith.

As long as the contract of technology transfer him to respond to technical know-how, so we find that the compensation could force sometimes damages that do not fix it other legal means in breach of the debtor in the implementation of its commitment to mere annulment does not give the supplier and the importer his right to do so.

So it is for self-compensation as a means of reparation to be the availability of the conditions for its application and entitlement