The legal problem of the shop in contracts for preparing electronic programs in the Egyptian civil legislation and comparative civil legislation.

 
 Software preparation contracts are among the modern contracts that have raised many legal problems. Determining the place of these contracts is one of these problems, and it has been shown that the subject of the commitment of these contracts is a double obligation, the program, which is the subject of the programmer’s commitment, even if the program is a logical, immaterial entity, but its expression must be It is through a material means, and in this way the conditions of the place apply to it. If the program is impossible to prepare, for example, the contract is void because the place is impossible, unlike if this impossibility was relative, that is, to a specific person. For example. She indicated that the store in these contracts, in order for it to exist, must pass through several stages. It distinguished between two types of programs, standard programs available to all, and programs with certain specifications that are built at the request of a specific user to meet certain functions he has, and it became clear to us by studying the two types that they are suitable To be a store that is compatible with the conditions of the traditional store in the general theory of the contract, and that the program that is prepared upon request is dealt with according to the provisions of the store in the contracting contract, while the standard programs are sold on the basis of selling the right to use
As for operating software, the scholars differed regarding the direct legal action on them. Some said that they are accessories of physical devices and therefore the provisions for selling devices apply to them. Others said that it is no different from standard programs or programs that are created at the request of the user.
Then I explained the price as a replacement for the program in this contract, and it became clear to us that this consideration for the program is subject to the terms of the wage in the contracting contract if we are in front of a preparation contract, and the provisions of the rent allowance apply to it if we are in front of a contract in which the program is rented for a certain period, and even the terms and conditions of the price in the sale If we are in front of selling the right of exploitation and so on. As bases for setting this consideration.