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SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods.
I will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2014
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| _version_ | 1867613749831008256 |
|---|---|
| access_status_str | Open Access |
| author | Briskorn, Nina |
| author_browse | Briskorn, Nina |
| author_facet | Briskorn, Nina |
| author_sort | Briskorn, Nina |
| collection | Thesis |
| description | I will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures are leading to legal uncertainty in software transactions. Some of the issues being considered include whether software should be treated the same, regardless of the mode of delivery, whether software can fit into existing legal concepts and whether there should be a new body of contract law for software, nationally and internationally. The analysis will be restricted to software transactions for the permanent use against single payment, as it is the common mode of transaction and poses the greatest difficulties. The focus will be on standard software. This term is used to describe computer programs manufactured as copies designed for a range of application for an unlimited number of users as opposed to custom designed software that is specifically designed for the needs of the customer. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/4582 |
| institution | University of Cape Town (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:41:06.181Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2014 |
| publishDateRange | 2014 |
| publishDateSort | 2014 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/4582 SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. Briskorn, Nina I will examine the treatment of software under the contract laws of the United States, Germany, and South Africa. Furthermore I will analyse the existing international uniform contract law, the Vienna Convention on the International Sale of Goods. I will illustrate how the different legal structures are leading to legal uncertainty in software transactions. Some of the issues being considered include whether software should be treated the same, regardless of the mode of delivery, whether software can fit into existing legal concepts and whether there should be a new body of contract law for software, nationally and internationally. The analysis will be restricted to software transactions for the permanent use against single payment, as it is the common mode of transaction and poses the greatest difficulties. The focus will be on standard software. This term is used to describe computer programs manufactured as copies designed for a range of application for an unlimited number of users as opposed to custom designed software that is specifically designed for the needs of the customer. 2014-07-30T18:11:25Z 2014-07-30T18:11:25Z 2014-07-30 Master Thesis Masters LLM http://hdl.handle.net/11427/4582 en application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | Briskorn, Nina SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| thesis_degree_str | Master's |
| title | SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| title_full | SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| title_fullStr | SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| title_full_unstemmed | SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| title_short | SOFTWARE CONTRACTS - A Comparative Legal Analysis on Software Transactions in Germany, the United States, South Africa, and under the Convention on Contracts for the International Sale of Goods. |
| title_sort | software contracts a comparative legal analysis on software transactions in germany the united states south africa and under the convention on contracts for the international sale of goods |
| url | http://hdl.handle.net/11427/4582 |
| work_keys_str_mv | AT briskornnina softwarecontractsacomparativelegalanalysisonsoftwaretransactionsingermanytheunitedstatessouthafricaandundertheconventiononcontractsfortheinternationalsaleofgoods |