Background and Aim: The purpose of this article is to examine the legal jurisprudence of attributing damage to the manufacturer in the case of civil liability caused by car defects.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the text, honesty and trustworthiness are observed.
Findings: The civil liability of car manufacturers due to production defects against consumers is based on the theory of fault. Based on this, if the car manufacturer is at fault, it is possible to claim damages to the manufacturer in the case of civil liability caused by the car defect.
Conclusion: In Iranian law, although according to the traditional system, if there is a fault, the rules of the civil law should be applied regarding the fault, and the basis of civil liability is based on the law of civil liability, but considering the theory of fault or even the assumption of fault does not seem appropriate and sufficient and it is needed. Therefore, this basis in Article 3 of the Car Consumer Protection Law is completely acceptable because the car supplier is obliged to fix and replace the defective part or parts or the device without charging money or paying for the damage caused, and of course without the need of It is proof of the consumer's fault.