Explaining the legal status of defense related to the risk of science and technology development from the perspective of comparative law, along with its analysis based on the idea of efficiency

Mashayekh, Milad; Badini, Hassan; Khoeini, Ghafoor

doi:10.30497/law.2020.12447.2452

Explaining the legal status of defense related to the risk of science and technology development from the perspective of comparative law, along with its analysis based on the idea of efficiency

Type : Research Article

Authors

Milad Mashayekh ¹

Hassan Badini ²

Ghafoor khoeini ³

¹ Ph.D. Candidate in Jurisprudence and Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

² Associate Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

³ Associate Professor, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran.

10.30497/law.2020.12447.2452

Abstract

The responsibility arising from the defect of production, which is one of the specific issues of civil liability in the general sense, has gained its proper position with lawyers and intellectuals in the field of responsibility for some time, this attention has been developed in response to the needs of the current expansionist societies, but among the general public civil liability of the manufacturer of the fault, which is the legacy of the doctrine of responsibility and with a small amount of research and in a fraction of the Seconds answers the ambiguities of theorists, a question about the legal status of defense related to the danger of the development of science and technology in the light of the defect of public science at the time of production and supply of the product has provided more and more thought in this regard, which leads to this thinking in the progressive countries, finding the appropriate position of the defense in their legal texts. Now, in this paper, we have investigated the answer to the above question to prove where the risk of science and technology development stands in the geometry of civil liability rights and its related defense, how efficient it will ultimately lead to development-oriented productivity, even though consumer rights can be preserved by considering appropriate measures.

Keywords

Sheer responsibility

production flaws

development risk

innovation

efficiency

productivity