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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Main Authors: Hadi Aghapour hodein bieghi, jafar Nory Yoshanloey, Mokhtar Neam
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2022-03-01
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
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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