ENSURING EXPOSURE AND ENTITLEMENT IN THE CONTRACT FOR THE SALE OF INFORMATICS SOFTWARE IN BAHRAINI LAW

Abstract

The present study raises a major question represented in the adequacy of the provisions of warranting exposure and maturity in the Bahraini law in addressing cases of exposure and maturity to which buyers of electronic software are exposed. Our concern is justifiable because this law was issued before the great change and revolution that took place in the world of communications and technology, which produced the Internet that accommodated the vast world, in a way that made the world look like a small room and not even a small village, so it canceled the distances and changed the method of communication between people. Accordingly, this study deals with the general rules contained in the civil law that regulated the seller’s obligation to warranty exposure and maturity, as well as indicating the adequacy of the provisions contained in the copyright protection law to preserve the right of contracting parties to purchase electronic software. It also tackles what this exposure may lead to the possibility of maturity to third parties when the seller is unable to take an action against disturbance of possession. The importance of this issue is important in many ways, most notably the attempt to regulate this warranty, as this issue was not regulated accurately in the copyright protection law, although this law considered electronic software as works covered by the protection stipulated in it. So, I began my study by defining electronic software and their types, and then I tackled the definition of contracts for the sale of electronic software, their elements and their characteristics. Moreover, the legal basis for the seller’s obligation to warranty of exposure and maturity, and then I detailed in two chapters with the meaning and provisions of each of the warranty of exposure and maturity. The conclusion included the most important findings and recommendations.