موقف الفقه من مدى امكانية ضمان العيوب المعلوماتية الخفية : "دراسة مقارنة"

Abstract EN

The doctrine is divided about the possibility of the liability of the supplier to guarantee the information defect, and whether it is possible to apply the general rules to the software contract.

The programs are immaterial and because of this special status, we have not found any regulation in the legislative texts in the comparative laws, especially in the protection of programs, in which they deal with hidden defects and clarify their provisions.

The general rules regulating hidden defects are included in the provisions of the sale and rent contracts, Organizing the contract of the contract except in respect of the ten-year guarantee for the guarantee of the engineer and the architectural contractor of the buildings.

In the face of this, two trends appeared about the application of the guarantee of hidden defects on the contracts of informatics, the first of which rejects the idea of security on this type of contracts, considering that the idea of hidden defects is incompatible with the special nature of information programs as an innovative literary work, because how can describe the innovative thing as flawed hidden defect, The defect would negate the existence of innovation, while the second supported the idea of security and felt that the general rules are sufficient to address this and can guarantee the hidden defect