Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The Existing Civil Liabilities in Product Defects for Product Manufactured un the Legal Systems of Iran and Iraq

Document Type : research

Authors
Zahra Khalil Ebrahim Al-Shouk 1
Zainab Pourkhaqan Shahrezaee 2
Ali Hamza Assal 3
Maryam Ghorbanifar 4
1 PhD student in private law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
3 Assistant Professor of Law Department, Karbala University, Iraq.
4 Assistant Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
10.22034/ejs.2024.436919.1672
Abstract
Background and Aim: Consumers need legal protection by legislator,for this reason ,the legal systems of most countries have tried to support consumers by taking into account the liability of producers in the case of any defects in manufactured goods The purpose of present study is to determine product producers liability in the case of products defect in legal systems of Iran and Iraq .
Method and Materials: The research method is descriptive_analytical.
Ethical Consideration: In writing present paper, the principles of text origionality, honesty, and trustworthiness have been observed.
Finding: Guaranteed letter of credit is the most common method of paying the price of goods and services, because it guarantees and secures the interests of all the people involved in the transaction, which is generally prepared and available to the beneficiary by submitting a written application.
Conclusion: In legal system of Iran and Iraq, in the field of liability of product manufactures, theory of absolute liability provides a more supportive platform for consumers due to its wide range of scope. In legal system of Iran, given the consumer right protection law,absolute liability has been taken in to consideration and accepted by legislator.
Keywords
Contract
Beneficiary
Issuer
Receiver
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 803-820