Associate Professor of Commercial Arbitration Law, College of Law, Umm Al-Quwain University, UAE
The present study addresses a critical issue concerning the adequacy of Bahraini legal provisions related to the warranty of exposure and maturity of electronic software transactions. This concern arises from the fact that the relevant laws were established before the significant technological advancements and the advent of the Internet, which has radically transformed global communications and reduced distances to a mere semblance of a small room rather than a vast world. This technological evolution has substantially altered the way people interact and conduct transactions. In this study, we examine the general principles enshrined in Bahraini civil law that govern the seller's obligations concerning the warranty of exposure and maturity. We also evaluate the effectiveness of the copyright protection law in safeguarding the rights of parties involved in purchasing electronic software. The study explores the implications of potential exposure and maturity issues affecting third parties, especially when the seller cannot address disturbances in possession. The significanc e of this issue is multi-faceted, particularly in light of the inadequate regulation of these warranties within the copyright protection law. Although the law recognizes electronic software as protected works, it lacks precise provisions addressing the warranty of exposure and maturity. Thus, this study begins with a definition of electronic software and its various types, followed by an analysis of contracts for the sale of electronic software, including their elements and characteristics. Additionally, the study examines the legal basis for the seller's obligation concerning the warranty of exposure and maturity. It elaborates on the meaning and provisions of these warranties. The conclusion summarizes the key findings and offers recommendations for addressing the identified gaps in the legal framework.
Significance, Agreement, Contract, Inadequate, Technological