Document Type : Original Article
Authors
1
PhD Student in Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
2
Professor, Department of Private Law, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran.
Abstract
Claims arising from civil liability constitute a major part of civil claims today; For this reason, among the objectives of this research is to investigate the foundations of civil responsibility of drug manufacturers in the legal system of Iran, America and England; and to examine the differences and similarities of the civil liability of drug manufacturers in the legal system of Iran, America and England.
In this article, the author has tried to explain the subject by adhering to the descriptive-analytical method, and for this reason, by using library and documentary sources, he has made a comparative study of the foundations of the civil responsibility of drug manufacturers in the legal system of Iran, the United States, and the United Kingdom, in order to express the conformity of the system. The legal laws of the mentioned countries and their differences should also be specified.
The most important findings of this research show that the foundations of the civil responsibility of drug manufacturers in the legal system of Iran, America and England are based on different theories, including the theory of risk, fault and guarantee; And on the other hand, in each of the above-mentioned countries, the presence of damage and the commission of a harmful or illegal act, as well as the verification of the causal relationship between the damage and the action or omission of drug manufacturers are considered as conditions of civil liability.
Also, the results of this research show that the principles of civil liability of drug manufacturers in Iran are somewhat similar to the principles of civil liability of drug manufacturers in the American and British legal systems, and on the other hand, it implies serious defects such as the non-acceptance of pure civil liability explicitly in the laws. and regulations.
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