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Civil Liability for the Manufacture and Distribution of Defective Products
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Abstract: (196 Views) |
Civil liability of production and distribution of defective products is one of the most critical issues in the field of consumer rights and protection of the injured party. In this type of liability, the focus is on compensating damages caused by consumption of unsafe or defective goods, rather than merely proving the producer’s fault. In many cases, especially in modern legal systems, the producer’s liability may be established without the need to prove fault, merely based on the existence of a defect in product. This approach has led to the development of supportive legal mechanisms and an increased burden of responsibility on manufacturers and distributors.
This study, grounded in fundamental concepts of civil liability, examines the conditions under which liability for defective products is realized and analyzes its legal dimensions within the framework of existing Iranian laws. Key issues explored include the definition of defect, the role of warnings, safety obligations, and the scope of liability of producers and other actors in the distribution chain. The study also aims to identify legislative and practical gaps in domestic law that hinder effective consumer protection.
The findings indicate that despite the existence of some supportive regulations in Iranian law, the absence of a comprehensive and cohesive legal framework on liability for defective products has led to divergent interpretations and limitations in fully compensating damages. Therefore, strengthening supervisory mechanisms, enacting clear and binding regulations for manufacturers, and enhancing consumer awareness are among the most important strategies for ensuring effective accountability in this area.
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| Keywords: Civil Liability, Compensation, Defective Product, Consumer Rights, Fault, Strict Liability. |
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Full-Text [PDF 701 kb]
(93 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/08/8 | Revised: 2026/05/29 | Accepted: 2025/11/27 | Published: 2026/06/22
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