Chapter 3

Contractual Aspects of the Acquisition and Use of Systems of Systems 1

 

3.1. Introduction

The technical complexity of a system of systems is also manifest in the legal issues. A system of systems is composed of several goods and services, provided by various legal entities, and calls for coherence and unity. Combining various categories of regulations becomes essential. Thus, the system of systems’ structure can include: material goods (tangible assets), studies and software (intangible assets), engineering, counseling and services of installation or implementation (services), public works (civil engineering).

A system of systems is developed by people of various nature (artificial entities or individual, related to public or private law, specialized, or not, in a technical field). The legal qualification of goods and people is an essential prelude to the choice of the contractual organization to implement so as to monitor, with the necessary and achievable flexibility, the system of systems’ design, its development, its operation, its maintenance, as well as its evolution and end-of-life.

The scope of the regulations varies depending on the category of people the system is aimed at. For example, a transportation system will not be presented to an end-user, to whom precise information must be given, as waivers of responsibility do not apply to non-professionals; however, it will be presented to professionals, whom the law doesn’t protect as much.

If the system of systems ...

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