The main defenses of manufacturing defects are in the context of strict liability

Document Type : Scientific Research

Author

.phd in Department 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.

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