Consumer Rights Of Food Products
Subject Areas : Civil Law
Mahvash Abolghasem Kashani
1
(Master of Private Law, Department of Law, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.)
Keywords: Manufacturer, sense of responsibility for the results, defected food product, customers’ rights , unhealthy economy.,
Abstract :
manufacturers produce unhealthy and defected works that not only wastes our resources but also makes a poor economy that leave us in a vulnerable state in this ever-Due to the uncompetitive economic status of our country, some food developing world. The most important matter to be considered is that it inflicts damage on the community health, while it distorts the public discipline and change the balance between production and consumption. Introduction of basic customer rights across Europe, triggered formulation of a special law for protecting customers in Iran. However, it is imperfect due to the ambiguous method of compensating for losses. Hence, based on the principle of no harm, this essay tends both to find a legally protective umbrella for customers and develop a robust economy as a remedy for the inefficient laws enacted regarding civil liability and protecting customers against the complications of market. For this purpose, this essay introduces a food manufacturer as a sufficient and primary cause that inflict harm, and specifies that the manufacturer’s failure plays role only in ascertaining of the causal link; It also set asides the liability resulting from food production failures and substitute it with manufacturers’ sense of responsibility for the final results , safety assurance, and a perfect responsibility based on legal and jurisprudential principles.
1. Ansari, S.(2001) Al-Makaseb, Vol. 2, No Publisher. [In Persian]
2. Azadi, M. (2010). Applied Consumer Law, 1st edition, Moj Publications. [In Persian]
3. Bagherzadeh, A. (2001). 1st edition, Tose'e Ghalam Publications, Qom. [In Persian]
4. Jabari, E(2020). Consumer Law, Dadyar Beta Publications. [In Persian]
5. Jafari Tabar, H. (2007) Civil Liability of Manufacturers and Sellers of Goods, 1st edition, Dadgostar Publications. [In Persian]
6. Jafari Tabar, H. (2008). Civil Liability of Goods, 1st edition, Dadgostar Publications. [In Persian]
7. Abdollahi Veshkaei, S. (2012). Civil Liability Arising from Pharmaceutical Activities, 1st edition, Moj Publications, Tehran. [In Persian]
8. Ghasemzadeh, S .(1999). Foundations of Civil Liability, 1st edition, Dadgostar Publications. [In Persian]
9. Ghorbani, Y. (1996). Contemporary Fatwas and the Subject of Smoking Laws, No Publisher. [In Persian]
10. Katouzian, N. (2000). Executed Judgment Creditworthiness, 5th edition, Dadgostar Publications. [In Persian]
11. Katouzian, N. (2011).Non-Contractual Obligations, Vol. 1, University of Tehran Press. [In Persian]
12. Katouzian, N. (2005) Civil Liability Arising from Defects in Production (A Critical and Comparative Study in the Balance of the Rights of Producers and Consumers), University of Tehran Press, 1st edition. [In Persian]
13. Mortezaei, A. (2006). New Technologies in the Food Industry, Vazhegan Kherad Publications. [In Persian]
14. Bozorgmehr, D. (2006). Civil Liability of Manufacturers of Goods, Judiciary Legal Journal, No. 54, , P 58-37. [In Persian]
15. Salimi, F, Parsapour, M. (2012). Seller's Civil Liability against Consumer (Comparative Study in the Law on Consumer Protection and the European Union Law), Comparative Law Research Journal, No. 8. [In Persian]
16. Abdi, K. (200) Implementation of HACCP System in Fish Products, Veterinary System Quarterly, No. 1. [In Persian]
17. Regulations for the Implementation of Granting Certificates and Medals of Compliance with Consumer Rights in Iran . [In Persian]
18. The set of provisions of the Constitution of Iran. [In Persian]
19. Consumer Protection Law, passed in 2009. [In Persian]
20. Consumer Protection Law for Cars, passed in 2007. [In Persian]
21. Food, Drink, Cosmetics and Hygiene Law, passed in 1967 and amended in 1974.
22. The collection of provisions of the civil law of Iran. [In Persian]
23.Iranian Civil Liability Law, passed in 1960. [In Persian]
24. Guild Affairs Law, passed in 2003 and amended in 2013. [In Persian]
25. Brintz , U. (1978).on the consumer concept and consumer protection priorities" remarks on the paper by reofner, jounal of consumer policy, vol. z.
26. Hepple B , and O’Dair, R. (1993). Tort (products liability); Current legal problems; Vol. 46.
27. Inabrock, L. (2002),Product liability (Germany)", German low gournal,Vol.3, No.4.
28. Prosser. (1988) . on torts"5th Edition, west publishing. Com Esfand9th. Com/ index.Php/1. 29. www. Germanlawjournal.
