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أهمية المفاوضات في ابرام اتفاق المعلوماتية الاطاري والعقود التطبيقية المنضوية تحته : دراسة تحليلية في المفاوضات العقدية واتفاق الاطار المعلوماتي والعقود التطبيقية المنضوية تحته

المصدر: مجلة الحقوق
الناشر: الجامعة المستنصرية - كلية القانون
المؤلف الرئيسي: عباس، طالب محمد جواد (مؤلف)
مؤلفين آخرين: القصير، أكرم فاضل سعيد (م. مشارك)
المجلد/العدد: مج 4, ع 16,17
محكمة: نعم
الدولة: العراق
التاريخ الميلادي: 2012
الصفحات: 189 - 230
ISSN: 2075-1532
رقم MD: 427443
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: IslamicInfo
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عدد مرات التحميل

88

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المستخلص: The general rules for concluding the contract are not raised all at once, but the legal rules of the contract itself did not raise also all at once, and it was not possible for the jurisprudence to Judge on the contracts of sales, contracts and supplies with unified legal tests and the contract which is not named in the Roman law did not appear in its obligatory form, all at once. As for the contractual negotiations, it was looked upon even recently, as being a materialistic works in which no legal responsibility is arranged in entering or withdrawing from it. And this is the case in the informatics contracts, it is difficult to imagine the existence of especial legal system which is specialized by its negotiations and agreements (Preliminary, framework and applicable) and this situation remained to the near time. But the informatics and the programs of the computer in precise, become controlling on many from the aspects of our contemporary life in its economical cultural and social ranges and which had caused to the existence of new kinds from the laws and all legal obligations arranged on it two parties, and which arecalled by the contracts of the informatics and which include the provision of the informatics equipments with the programs of its computer operations, this is beside the remaining informatics complementary services included within the informatics tools and this happen in the frame of the sale contracts (as the contracts of selling the equipments and computers) or within the informatics systems contracts and the maintenance contracts. But, because of the development of the technical systems and its inclusion in the fields of life, the need to the informatics which requires to obtain them the contracting with the supplier to supply for what is received had appeared. And if these contracts are intended on one kind of contracts as the contract of selling the computer or the provision of one program or more to the receiver, or of was intended on one operation as the supply or training or maintenance, the contract is simple and its conclusion requires that the receiver should be bound with the conditions of the foreign supplier and to accept it. But the large contracts which the notional companies who are receiving the informatics and consisting more than one contract and consisting for more than operation in which the supplier carries out by himself or through the participation with another number of suppliers, so its conclusion requires the negotiations and to arrive in its concern to the frame work agreement and the applicable contracts with a obligatory characteristic which joined under its scope

ISSN: 2075-1532

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