"The Impact of Hidden Defect Guarantee in Technological Goods Sales Contracts"

Abstract

In terms of tort liability, compensation encompasses the guarantee or redress for both material and moral damages, as well as actual loss (Actual loss) and loss of profit (Loss of profit). This has been affirmed by the Iraqi legislator under the provisions of civil liability in the Civil Code, which dictates that any damage caused to others must be compensated. Similarly, Lebanese jurisprudence has emphasized that compensation must be equivalent to the actual damage incurred and the lost profit. International jurisdiction is defined as a set of legal rules that determine the authority of a state's courts to hear disputes involving a foreign element within specific limits and frameworks. Furthermore, it is necessary to apply both contractual and tort liabilities when both are established, or to grant the injured party the option to pursue either. Finally, the Iraqi legislator should regulate the specific provisions governing technology transfer contracts under dedicated legislation that explicitly defines the jurisdiction of Iraqi courts regarding disputes arising in this context. The research problem arises from the lack of clarity regarding the procedures related to the latent defect warranty in technology sales contracts. This ambiguity stems from the unique nature of these goods, and the procedures for civil litigation and the applicable law may be unclear due to their distinct characteristics and differences from traditional goods.

This research is of great importance in clarifying the implications of the latent defect warranty in technology contracts, particularly concerning litigation and the applicable law, given the unique nature of these goods.