THE LAW APPLICABLE TO TECHNOLOGY TRANSFER CONTRACTS: A CONTRACTUAL CHOICE OR A LEGAL IMPOSITION ?
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Abstract
The world has become a small village linking its north with its south and east with its west as a result of the scientific development, especially the technological one, which the world is still witnessing its prosperity day after day, where contracts for the transfer of technology of all kinds have become one of the necessary fields in the transactions of people from all over the world. The disputes that bring together the parties to this type of contract are one of the tangled issues that arouse the interest of the lawman, especially the subject judge who is looking to resolve the dispute before him so that he does not follow up with the crime of denial of justice by defining the applicable law, which prompts him to raise a legal question about the status of the will of the parties to the technology transfer contract in determining the law applicable to the dispute, and this will be discussed in the analysis within this research.
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References
Legal Texts
Code civil de la France.
Explanatory Memorandum for the Proposal of the Civil Code According to the Provisions of Islamic Sharia.
Law No. 131 of 1948 (Egyptian Civil Code), as amended (Oct. 13, 2021).
Law No. 08-09 on Civil and Administrative Procedure, as amended by Law No. 22-13 (July 12, 2022), Official Gazette, No. 48 (2022).
Ordinance No. 75-58 of Sept. 26, 1975, as amended by Law No. 05-10 (June 20, 2005) and Law No. 07-05 (May 13, 2007).
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