Coverage of damages due to the risk of science development in the light of civil liability
Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves...
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Format: | Article |
Language: | fas |
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Allameh Tabataba'i University Press
2022-03-01
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Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
Subjects: | |
Online Access: | https://jplr.atu.ac.ir/article_14805_b9b241fcb7fcf8d2ee77e605b276a986.pdf |
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author | Hadi Aghapour hodein bieghi jafar Nory Yoshanloey Mokhtar Neam |
author_facet | Hadi Aghapour hodein bieghi jafar Nory Yoshanloey Mokhtar Neam |
author_sort | Hadi Aghapour hodein bieghi |
collection | DOAJ |
description | Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been proven |
first_indexed | 2024-03-08T19:29:35Z |
format | Article |
id | doaj.art-968f3304f7724b809d073e6c901a3dbd |
institution | Directory Open Access Journal |
issn | 2345-3583 2476-6232 |
language | fas |
last_indexed | 2024-03-08T19:29:35Z |
publishDate | 2022-03-01 |
publisher | Allameh Tabataba'i University Press |
record_format | Article |
series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
spelling | doaj.art-968f3304f7724b809d073e6c901a3dbd2023-12-26T07:49:31ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322022-03-01103812715910.22054/jplr.2022.63288.260714805Coverage of damages due to the risk of science development in the light of civil liabilityHadi Aghapour hodein bieghi0jafar Nory Yoshanloey1Mokhtar Neam2PhD student in the field of private law, Azad University, Tabriz branch, Iran.Associat Professor, Department of Private Law, Faculty of Law and Political Science, University of TehranDepartment of private Law, tabriz Branch،Islamic Azad University, Tabriz Iran.Advances in science and its developments in today's world for the better production of goods have led to the development of new theories and solutions that may also pose risks in the products offered to consumers, but current human knowledge can not recognize it. While the present study proves that the advancement of science simultaneously leads to the discovery of defects and dangers of these goods, and legal knowledge should provide appropriate coverage to compensate for the damages caused by them. Therefore, the issue of coverage of damages due to development risks is one of the most challenging issues in the field of civil liability that has been studied in most legal systems, but in Iranian law and jurisprudence, the risk of technology development and liability has remained silent. Therefore, the nature and characteristics of development risk with a descriptive and analytical method are studied in detail in this article and the possibility of covering such risks in a restorative and preventive manner in the form of compulsory insurance, compensation guarantee fund, punitive damages, issuance of prohibition agreements, and The application of the precautionary principle has also been provenhttps://jplr.atu.ac.ir/article_14805_b9b241fcb7fcf8d2ee77e605b276a986.pdflawtort lawdmagedevelopmentrisk |
spellingShingle | Hadi Aghapour hodein bieghi jafar Nory Yoshanloey Mokhtar Neam Coverage of damages due to the risk of science development in the light of civil liability Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī law tort law dmage development risk |
title | Coverage of damages due to the risk of science development in the light of civil liability |
title_full | Coverage of damages due to the risk of science development in the light of civil liability |
title_fullStr | Coverage of damages due to the risk of science development in the light of civil liability |
title_full_unstemmed | Coverage of damages due to the risk of science development in the light of civil liability |
title_short | Coverage of damages due to the risk of science development in the light of civil liability |
title_sort | coverage of damages due to the risk of science development in the light of civil liability |
topic | law tort law dmage development risk |
url | https://jplr.atu.ac.ir/article_14805_b9b241fcb7fcf8d2ee77e605b276a986.pdf |
work_keys_str_mv | AT hadiaghapourhodeinbieghi coverageofdamagesduetotheriskofsciencedevelopmentinthelightofcivilliability AT jafarnoryyoshanloey coverageofdamagesduetotheriskofsciencedevelopmentinthelightofcivilliability AT mokhtarneam coverageofdamagesduetotheriskofsciencedevelopmentinthelightofcivilliability |