Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The basis and scope of the obligation of drug manufacturers and distributors to provide drug information in the laws of Iran, France and England

Document Type : research

Authors
Karam Bagheri Heydari 1
Firouz Ahmadi 2
Hengameh Ghazanfari 3
1 Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran.
2 Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
3 Department of private law department, Khorramabad branch, Islamic Azad University, Khorramabad, Iran.
10.22034/ejs.2023.376077.1338
Abstract
Background and Aim: Today, complex products such as medicines have entered the market, which are related to human health and life, and benefiting from them requires compliance with the instructions, guidance and warnings that manufacturers and distributors need to provide to consumers This research has examined the above-mentioned issue in the laws of Iran, France and England.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Findings: The findings of the present research show that French law is the originator of the theory of obligation to provide information to non-specialist and non-professional parties of the contract.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: In Iranian law, based on the Consumer Protection Law, Electronic Commerce Law and Article 34 of the Law on Governmental Penalties in Healthcare Affairs, the obligation to provide information can be inferred. In French law, the basis of this obligation can be deduced from the provisions of Articles 1645 of the Civil Code and Article 111.L-1 of the "French Consumer Code". In English law, various clauses of the General Regulations of Product Safety approved in 2005 stipulate the obligation of producers and distributors of goods to provide the necessary information to consumers.
Keywords
providing information
manufacturers
distributors
scope of obligations
drug
basis of obligation
Subjects
 
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- Ghasemi Hamed, Abbas, 1998, “De Lobligation d’information dans Le Contract, these”, Univerite de Rennes.
- Holley, David, 1998, “Information Disclosure in Sales Jornal of Business Ethics”, Vol 17.
- Kennedy, Jan, Grubb, Anderw, 1998, “Principles of Medical Law”, London, Oxford University Press.
- Wilhelmsson, Thomas, 2006, “Europen Rules on Precotraetianal information Duties”? ERE-Form, Vol, 7, No, 1.
Strategic Studies of Jurisprudence and Law
Volume 5, Issue 1 - Serial Number 16
Studies of economic jurisprudence
Spring 2023
Pages 101-116