Seyed Hossein Safaee; Hadi Shabani Kandsari
Abstract
Abstract Scrutiny of the civil responsibility basis of goods producersandservices providers in American andEuropean Union law shows that strict liability is presumed for the first group. However, theory of fault is yet considered for service providers and presumption of fault has not yet been accepted ...
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Abstract Scrutiny of the civil responsibility basis of goods producersandservices providers in American andEuropean Union law shows that strict liability is presumed for the first group. However, theory of fault is yet considered for service providers and presumption of fault has not yet been accepted although tendency of the courts and doctrine is toward facilitation the process of fault proving. Under Consumer Protection Act of Iran, there is no fundamental difference between the civil responsibility of goods producers and service providers. Although Article 2 of the Law has not determined it explicitly by referring it merely to the other Laws, previous dealings between the parties and to relevant commercial custom and practice which implied that it is based on the fault responsibility. Under Islamic law, the theory of strict liability is more comfortable with Imamieh jurisprudential texts and thoughts. In contrast, according to some traditions (Revayaat) and decrees (Fatawa) about responsibility of the hired worker, liability presumption is considered for the services providers. Hence, it is suggested that the Iranian legislator should amend the Consumer Protection Law by recognizing the strict liability for goods producers and presumption of liability for services providers and also it is suggested that before new enacting Jurisprudence should recognize it due to the general Jurisprudential theories and consumers legal protection necessity and also providing for it in some sparse Laws.