إشكالات ضمان العيوب المعلوماتية الخفية : دراسة مقارنة

Abstract EN

The programs are immaterial, and because of this special status, we did not find any organization in the legislative texts, whether French, Egyptian or even Iraqi, to protect the programs dealing with hidden defects and clarifying their provisions.

The general rules regulating hidden defects were included in the regulation of the provisions of the sale and rent contracts, The contract of the contract was only in respect of the ten-year guarantee for the guarantee of the engineer and the architect of the facilities according to the articles (1792 French, 651 Egyptians and 878-870 Iraqis Therefore, we find that the jurisprudence differed about the applicability of the provisions of the guarantee of hidden defects on the contracts of information between the supporters and opponents, as a result of the difficulties faced by the guarantee in this type of contracts, including with regard to the non-physical (software programs), which agreed that the jurisprudence shop in these contracts The commitment to design the programs is significant and can not be described as something that includes a hidden defect.

This is on the one hand, and on the other hand, the jurisprudence can not at this time determine the legal nature of these contracts, and therefore how we apply Warranty provisions In cases where the guarantee of this type of contract is established, what are the conditions that should be met until liability is fulfilled