مدى انطباق اتفاقية البيع الدولي للبضائع على عقود البرمجيات : دراسة تحليلية مقارنة

Abstract EN

This study seeks to demonstrate the applicability of the Vienna Convention on the International Sale of Goods to software contracts, mainly because the Convention did not regulate software sales contracts and did not explicitly exclude them from its provisions.

Jurisprudence and the judiciary have different opinions regarding the applicability of the Convention to software sales contracts, but agreed on considering standard software as goods that are subject to the Convention, while they disagreed on customer software, pursuant to Article 3 of the Convention.

There has also been controversy over the extent to which electronically-delivered software are regarded as goods for the purposes of the Convention.

The researcher, however, believes that the Convention did not commit the parties in a specific way to delivery, but rather left them free to choose it in accordance with the nature of the goods.