The Main Defenses of Manufacturing Defects Are in the Context of Strict Liability

Document Type : Scientific Research

Author

Ph.D. of Private Law, Faculty of Law, Theology and Political Sciences, Tabriz Branch, Islamic Azad University, Tabriz, Iran.

Abstract

One of the issues that has long been raised in the field of civil liability and compensation for damage and has been the source of various ideas in the legal systems of the world is the issue of protecting production and the producer. The emergence of the theory of strict liability for production defects has made this issue more important. In this type of liability, which is based on protecting the consumer and promoting product safety, proving the producer's fault is a condition for realizing liability, and the mere existence of a causal relationship between the product defect and the damage caused entails his liability. However, in order to prevent unfair liability and maintain legal balance, defenses have been accepted against this type of liability, the main of which are compliance with the law and compliance with the standard, the fault of the injured party, the passage of time, and the risk of scientific development. The article described above, through a library study and a descriptive method, while explaining the defenses considered in production defects, discusses the possibility of applying the aforementioned defenses in the Iranian legal system.

Keywords

Main Subjects

References

Abdollahi Veshkaei, S. (2012). Civil liability arising from pharmaceutical activities. Tehran: Majd Publications. (in Persian)
Arab, H. (2006). Collection of judicial meetings (Civil Code): Including related laws, legal provisions, and decisions of the Supreme Court. Tehran: Khat-e Sevvom Publications. (in Persian)
Azizi, A., & Mahdavi Sabet, M. A. (2021). Information disclosure in criminal proceedings in Iran and England. Journal of Criminal Law and Criminology Studies, 9 (18), Autumn & Winter. (in Persian)
Caused to Another. sellier: european law.
Daghighi, N. (2014). Civil liability arising from defective goods in Iranian and Egyptian law (PhD Dissertation in Private and Islamic Law). Shahid Motahari Higher Education Institute, supervised by Dr. Seyed Hossein Safaee. (in Persian) 
Esmaeilabadi, A., & Razavi, M. H. (2007). A comparative study of the rule of victim’s consent and assumption of risk (in Common Law and Islamic Law). Islamic Law Quarterly, 4(15), Tehran. (in Persian)  
Jafari Tabar, H. (2017). Civil liability of goods. Tehran: Negah-e Mo’aser Publications. (in Persian)  
Ewoud, Hondious. (2010). The development of medical liability, combridge university press.
Ghasemzadeh, R. (2015). A legal analysis
of the development risk. Tehran: Sherkat-e Sahami Enteshar Publications. (in Persian)
Glannon, Joseph. (2005). The law of tort, third editin, aspen publisher.
Inabrock, Lovells. (2002). Product leliability, german law journal, vol.3, no.4, Stefan.
International pub.
Joneidi, L. (1999). The fault of the injured party. Journal of Faculty of Law and Political Science, 46, Tehran. (in Persian)
Katouzian, N. (2011). Liability arising from defective products. Tehran: University of Tehran Press. (in Persian)
Kazemi, M. (2005). The effect of the injured party’s fault on civil liability. Imam Sadiq University Research Quarterly, 28. (in Persian)
Kenedy, Jan. (2017). Grubb Andrew, Principles of Medical Law, London: Oxford.
Madadi, S. (2017). Civil liability of manufacturers and sellers of goods. Tehran: Mizan Publications. (in Persian)
Mahdavi Sabet, M. A., & Azizi, A. (2021). Information disclosure in criminal proceedings in Iran and England: Freedom or restriction of media (with reference to the Thalidomide case). Journal of Criminal Law and Criminology Studies, 9(18). (in Persian)
Mashaekh, M., & Khoeini, G. (2018). Three essays on liability arising from defective products. Tehran: Mokhatab Publications. (in Persian)
Oliver Rieckers, Gerland Spindler. (2017). Tort Law in Germany, Kluwer Law.
Owen, D. G., & Davis, M. J. (2023).  Products Liability in a Nutshell (11th ed.). 
Rahimi, F., & Reskati, R. (2021). Foundations of civil liability arising from the defect in production and distribution of pharmaceuticals. Biannual Journal of Contract Law and
New Technologies, 2(3), Spring & Summer. (in Persian)
Richard, Best. (2002). A comparison of civil liability for defective products in the United Kingdom and Germany, german law journal, vol. 3, no.4. University Press.
Vonbar, Christian. (2009). Non-Contractual Liability Arising Out of Damage West Academic Publishing.

Files

Share

How to cite

Statistics