أحكام ضمان العيب الخفي في العقد الوارد على نظام معلوماتي وفق القانون الفرنسي و الإمارتي و المغربي

Abstract EN

The information technology supplier under an IT contract should comply with the general laws while dealing with the parties of the electronic contract.

Since this is a business contract, the supplier undertakes to provide the customer with the right to use the software.

This warranty only exists when the supplier guarantees the troubles emanating from him or others claiming the software; in case this fails, the supplier shall indemnify the client.

The supplier also undertakes to ensure hidden defects that can sometimes devalue the quality of the software and makes it unfit for the use for which it is intended.

The court decisions that treat hidden defects in information technology field reveal some issues such as the intangible nature of the software.

How can a client discover the hidden defects? Will the client be in need of an expert in the IT field? Furthermore, how can we characterize an expertise relationship based on bad faith? And therefore, does an expertise of this kind prevent the software beneficiary from demanding the compensation for the damage caused by a latent defect? Another case is when the software is vitiated by a virus as a precaution against illegal piracy and the client is fully informed by the supplier.

This information can be described as a tacit acceptance by the customer, and therefore, will he be deprived of his right to bring a lawsuit? In case the delivery contract is issued, we understand that there is a correspondence between the software and the terms of the contract, so what are the boundaries between non-compliance with the contract terms and hidden defects? Can the customer file two lawsuits, one claiming latent defects, and another referring to the discrepancy between the software and the conditions of the contract?