Volume 28, Issue 1 (3-2021)                   RJMS 2021, 28(1): 0-0 | Back to browse issues page

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hashemi S R, Masoudi A, ZarKalam S. Conditions for Obtaining Civil Liability How to Compensate for Damages Caused by the Production of Medical Equipment. RJMS. 2021; 28 (1)
URL: http://rjms.iums.ac.ir/article-1-6629-en.html
Assistant Professor of Private Law and Faculty Member, Faculty of Law, Islamic Azad University of North Tehran , a_masoudi@iau-tnb.ac.ir
Abstract:   (106 Views)
Introduction: Wherever in business liability, specific business activity is discussed, citing the principles governing civil liability does not exempt us from examining and analyzing the private systems and special laws governing that particular business activity. Certainly, the analysis of the general principles and foundations of civil liability and the systems contained in the specific laws governing business will provide a more appropriate basis for this important matter. Of course, it must be acknowledged that the new principles and regulations in this area must be in a way that is compatible with the legal logic of the various systems of the past, because otherwise, and assuming that these principles do not conform to legal logic only one The theory has stopped and will not be able to untie the knot. However, the first step in this study will be to explain the cases and the system governing the civil liability of traders, then we will consider logical and legal proposals in line with justice on civil liability, which certainly requires a review of examples of business. In explaining the issue, it is necessary to pay attention to the fact that legal systems in todaychr(chr('39')39chr('39'))s world tend to be united because legal systems have become a function of legal needs, and where there is a need, the needs are similar. It was necessary to find a single way to solve it. Trade and ensuring the health and safety of business activities requires that we do not consider the civil liability resulting from business activities to be purely and absolutely dependent on fault and the contractual relationship. In many business activities, especially in the safety of goods and the production of commercial products, pure liability, or a commitment to safety or automatic compensation can be helpful. The change in the legal structure of the guarantee resulting from production and consumer protection has various economic effects and causes important changes, a change that should not be ignored and the harms and benefits of legal and economic change are ignored. . Social experiences show that the interaction of economic and legal factors with each other is deeper and more effective than it seems. A look at the books and articles written in the field of law on the civil liability of traders shows that this liability did not follow a special rule and a single method, but according to the examples of traders and the scope of rights and duties of each Types of Commercial Activities, A particular system governs that the relevant systems are largely subject to the general rules governing civil liability, although this article will attempt to analyze the traditional contexts and rules governing the civil liability of traders. We are trying to build a new foundation in parallel with the evolution of modern business activities.
 
Method: The present study was based on descriptive and analytical methods. Based on the library research method, for collecting information after the bibliography and collecting jurisprudential and legal sources, receipt tools and note-taking forms were used.
 
Results: To clarify the principles of civil liability, opinions, and different views of the lawyers, have been proposed. In Iranian law, according to the general rules of civil liability, no damage should remain uncompensated, and in this regard, articles 335 and 328 of the civil code testify to this claim.
 
Conclusion: Considering that the main purpose of civil liability rules is to compensate material and moral damages, the government and government employees are no exception to this rule and the government can be recognized as responsible for damages; Also, Article 11 of the Civil Liability Law explicitly acknowledges government civil liability. In the Civil Liability Law approved in 1339, the theory of fault has been accepted as the basis of civil liability. By accepting the principle of government responsibility for the actions it takes, the first theory approved must be considered the theory of fault. From what has been said in this article, it can be concluded; there is no clear answer in the law as to whether the producer can invoke the injured party to be exempted from liability or at least reduced but given the nature of the liability and the existing legal system. The injured party can be exempted if it is to the extent that it causes the severance of the causal relationship. Also, if the injured party acts in such a way that the damages can be attributed to the injured party and the defect of production. According to the above, it can be argued that if the injured party performs actions that cause or aggravate the damage, the judge can reduce the damage or no sentence at all, this is in many laws. It comes from European countries. The permissibility of reducing producer liability based on damaged interference has made Swiss law different from EU directive, however it is not a major difference, as courts can, in very few cases, reduce the defendantchr(chr('39')39chr('39'))s liability in this case. However, in the case of producer exemptions based on the system of pure liability in Iranian law, it can be said briefly that, given the existing legal vacuum regarding the extent of the effect of damaging action on producer liability, this issue should be addressed only on general principles.
     
Type of Study: Research | Subject: Clinical Psychiatry

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