The Main Concepts and Basis of Liability of Suppliers of Goods According to the Protection of Consumers' rights Act Ratified in 2009, in Comparison with the EU Council Directive

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ARABIAN ASGHAR; Mousanataj Abdorrazagh

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Paper Information

Journal: QUARTERLY OF LEGAL ENCYCLOPEDIAS Year:2022 | Volume:5 | Issue:14 Page(s): 132-158

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Information Journal Paper

Title

The Main Concepts and Basis of Liability of Suppliers of Goods According to the Protection of Consumers' rights Act Ratified in 2009, in Comparison with the EU Council Directive

Author(s)

ARABIAN ASGHAR | Mousanataj Abdorrazagh | Issue Writer Certificate

Keywords

Consumer

Supplier

Strict Liability

Fault

Joint and Several Liability

Protection of Consumers

Abstract

In the EU Council Directive to Protect the Consumer, ratified in 1985, Strict Liability is accepted as the basis for civil liability of the producer. In Iranian law, there is disagreement among jurists regarding the basis for the legislator's choice in the Protection of Consumers’ Right Act, ratified in 2009. The bases for producer’ s liability in Article 2 of the aforementioned Act is not clear. Moreover, it is not clear whether in the production and distribution chain, the Suppliers have joint liability or several liability, and to what extent such liability may be extinguished through exclusion or limitation of liability clauses. The results of the research show that civil liability in the EU Council Directive to Protect the Consumer, contrary to the general rule of liability, has been enshrined based on non-Fault or Strict Liability. Thus, claiming damages from the producer and distributor does not require proof of Fault.

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APA: Copy

ARABIAN, ASGHAR, & Mousanataj, Abdorrazagh. (2022). The Main Concepts and Basis of Liability of Suppliers of Goods According to the Protection of Consumers' rights Act Ratified in 2009, in Comparison with the EU Council Directive. QUARTERLY OF LEGAL ENCYCLOPEDIAS, 5(14 ), 132-158. SID. https://sid.ir/paper/959202/en

Vancouver: Copy

ARABIAN ASGHAR, Mousanataj Abdorrazagh. The Main Concepts and Basis of Liability of Suppliers of Goods According to the Protection of Consumers' rights Act Ratified in 2009, in Comparison with the EU Council Directive. QUARTERLY OF LEGAL ENCYCLOPEDIAS[Internet]. 2022;5(14 ):132-158. Available from: https://sid.ir/paper/959202/en

IEEE: Copy

ASGHAR ARABIAN, and Abdorrazagh Mousanataj, “The Main Concepts and Basis of Liability of Suppliers of Goods According to the Protection of Consumers' rights Act Ratified in 2009, in Comparison with the EU Council Directive,” QUARTERLY OF LEGAL ENCYCLOPEDIAS, vol. 5, no. 14 , pp. 132–158, 2022, [Online]. Available: https://sid.ir/paper/959202/en

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