Document Type : research
Authors
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, Imam Kazem University, Wasit Province, Iraq.
4
Assistant Professor, Department of Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
10.22034/ejs.2024.467480.1879
Abstract
Background and Purpose: Product liability is an important issue that affects consumers and businesses. Laws governing product liability can vary significantly from country to country. Based on this, the purpose of this article is to investigate civil liability for product defects in the laws of Iraq and Jordan.
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 texts, honesty and trustworthiness are observed.
Findings: The findings showed that in Iraq, product liability laws are mainly governed by the Iraqi Civil Code, which imposes a duty of care on manufacturers, distributors, and sellers. Jordan, on the other hand, has a more detailed product liability framework, with specific provisions outlined in the Jordanian Consumer Protection Act. The Act establishes clear guidelines for product safety standards, consumer rights and the assignment of responsibilities between manufacturers, importers and sellers.
Result: The result is that in Jordanian and Iraqi law, although according to the traditional system, in case of a defect, the rules of the civil law should be applied regarding the defect, but the theory of fault is not sufficient and alone cannot explain the attribution of damage to the manufacturer in the case of civil liability caused by the car defect. . It is necessary to move the protection of consumer rights to the theory of pure responsibility.
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