Convenţia de la Viena privind vânzarea internaţională de mărfuri şi contractele privitoare la programe informatice (software)

Rezumat

Even if the characterization of contracts related to software raises actual problems of undoubted practical interest, the solutions on the matter are neither unanimously followed nor evident at first sight. Having as starting point the Vienna Convention on the International Sale of Goods, the article aims to discuss to what extent and under what conditions the qualification “sale” would be appropriate in their regard; issues such as the categorization of software as a good, the transfer of ownership despite the existence of an IP right on software or the incidence of the software customisation on the nature of the contract will be subsequently reviewed.