Document Type : Research Paper

Authors

1 PhD student in the field of private law, Azad University, Tabriz branch, Iran.

2 Associat Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran

3 Department of private Law, tabriz Branch،Islamic Azad University, Tabriz Iran.

Abstract

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
               

Keywords

England,1999. Whincup ,Michel,Sales[ Law And Product Liability] ,[Published by Gower House] ,
-Brayan A. Garner-Blacks law Dictionary, Eighth Edition-Thomson westwest publishing co. united state of America,2004
.
Clark, Alistair,[product liability] puplisher  sweet and maxwell،london.1989
Curcio , Andrea A., [Painful publicity- an alternative punitive damage sanction], [ DePaul Law Review ] Volume 45 1995-1996, p.p.342-392
Faure, Michael., Wibisana, Andri.,[Liability incase of Damage Resulting from GMOS: An Economic Perspective ,puplisher Rotterdam Institute of Law and Economics (RILE) [springer verlager], Volume 24.2008,pp.1-57.
James A. Henderson, Jr,Coping with the time dimension in product liability,vol,69,1981, pp. 919-968.
Lodrup Peter., [ product liability، in Norway],[ journal of consumer policy،] vol,14،1991,pp7-14.
ROSSELLI Fondazione., Analysis of the Economic Impact of the Development Risk Clause as provided by Directive 85/374/EEC on Liability for Defective Product , Study for theEuropean Commission Contract No. ETD/2002/B5, 2014, p.p1-142.
Stoiker, Carel,Objections to the Developmen risk Defence, medicin of  law, Volume38 1990. Pp.783-800
Wiihelmsoon., TECHNICAL  , product liability in finland-a Maximalist version of the products liability directive.journal of consumer  springer -polisy1991.p.p.15-27
Ivaylo Yosifov DEVELOPMENT RISK DEFENCE UNDER ARTICLE 7  (E) OF THE PRODUCT LIABILITY DIRECTIVE32 – THE INEVITABLE CLASH OF NEGLIGENCE AND STRICT LIABILITY THEORIES PROCEEDINGS OF UNIVERSITY OF RUSE - 2017, volume 56, book 7.pp.40-44
-Ghasemzadeh,Ruhollah ,[Specifications of the legal analysis of development in  risk in European, American and Iranian Law] , First edition, ( Tehran ,Enteshar Publiction Co:2013)
 
 
-Asadi ,Habib , Lotfi,   Alireza , Bashokouh, Mozaffar [The Nature and the Basics of
Punitive Damage and Similar Legal Institutions in Iranian Jurisprudence and Law],[ Jurisprudential Researches], Volume16, Number. 4, ( 2021):pp684-651[in Persian ].
-Ansari, Mehdi, [Comparative study of civil liability caused by environmental pollution in the laws of Iran and the European Union], Master's thesis of Qom University (Faculty of Law, second semester of 2002-2003). [in Persian ]
- Orak Bakhtiari, Hasan Ali,[ Basics and Principles of Civil Liability for Car Accidents], Tehran: Scientific College Publishing, 2011). [in Persian ])
 Auloy Jean Calla,[ consumer rights, translated] by Majid Adib, first edition  Tehran,puplished mizan:2013) [in Persian ])
-Izanloo,Mohsen,Asadi,Zahra,[ Comparative Study of the Dual Functions of the Precautionary Principle in Civil Liability],[ Journal of Comparative Law], Volume 10, 2018):pp407-728.  [in Persian ] ) Number 2,   
-Bozorgmehr, Davoud[Civil Liability of Goods Producers],[ Judiciary Law Journal],  Number54 (2006): pp37-58. [in Persian ]
-Jafari-Tabar, Hassan,[product liability],  (Tehran Negahe moaser:2016). [in Persian ]
-Chegeni,Mehdi,Bahrampoori,Rasool,Siahbidi kermanshahi,Saeed ,[A Comparative Study of Alternative Systems of Compensation for Physical Damages in Iranian and English Laws] ,[Comparative research of Islam and the West],volume7,Number1,(2019):pp55-92. [in Persian ]
- Abbas Hayati,Ali [The concept of the precautionary principle and its place in civil responsibility], [Islamic Law Research Journal], Number2 ,(2013): pp. [in Persian ]
-Khodabakhshi, Abdullah, [Basics and Concepts of Insurance and Civil Liability], First Volume, Second Edition (Tehran, Jangal Publications:2013). [in Persian ]
Darabpour,Mehrab,Soltani Ahmadabad,Saeed,[The Legal Concept and the Nature of Punitive Damages], [  International legal journal]  , Volume 70, Number 54, (April 2015), :PP.37 -58. [in Persian ]
-Dehghani, Mohammad, [Deterrence as attention to moral principles in punitive damages], [Journal of Bioethics] ,special issue of human rights and citizenship rights, (2018): pp. 355-366. [in Persian ]
-Rahbari,Ebrahim, [analysis and criticism on the dimensions of the guarantee of competitive performances in the field of intellectual property],[ Legal Research Quarterly], No. 83,(2017),: pp. 187-211. [in Persian ]
-Jordan, Patrice,[ Principles of Civil Responsibility, translated by Majid Adib, second edition], (Tehran, Mizan Publications: 2015). [in Persian ]
-Salimi, Fezeh,[ competition rights and civil liability resulting from the violation of its rules], first edition (Tehran, Majd Publishers: 2018). [in Persian ]
-Samami, Abdullah; Karimi, Abbas, [The nature of the temporary order and its characteristics in French law], [Iranian and international comparative legal research], volume 11, number 42 (2017): pp. 166 135. [in Persian ]
-Safai, Hossein; Rahimi, Habiboleh, [Comparative civil responsibility, second edition] ,(Tehran, Shahr Danesh Publications: 2019). [in Persian ]
-Abdolahi Vishkaei, Somia, [Civil liability arising from pharmaceutical activities],(Tehran, Majd Publishing House:2018). [in Persian ]
-Abbasi, Mahmoud; Shekar Amarji, Ayoub; Mohammadi, Samira, [Comparative study of liability caused by contaminated blood in the legal system of Iran and France], [Medical Law Quarterly], volume3, 8th issue (2009) :pp. 92- 61[in Persian ]
- Ghasemi Hamed, Abbas; Khosravi, Ali; Agha Babaei, Fahima, [Punitive Damages in Iranian Law], [Judiciary Legal Journal], No. 81 (2012): pp. 187-161. [in Persian ]
-Katouzian, Nasser; Mohsen, Izanlou, [Obligations outside the contract], third volume, first edition (Tehran, Ganj Danesh Publications: 2016). [in Persian ]
-Katouzian, Nasser, [Civil liability caused by production defects], (Tehran University Press: 2019). [in Persian ]
 -Kazemi, Mohsen; Roshan, Mohammad; Rooz Bahani, Shoja, [Civil liability for moral damage caused by AIDS and hepatitis due to infected blood transfusion, with a look at the case of hemophiliacs], [Medical Law Quarterly], volume8, No. 30, (2013): pp. 147-181. [in Persian ]
-Kazemi, Mahmoud, [The necessity of changing the medical civil liability system in Iranian law with a view to the developments in French law], [Faculty of Law and Political Science Law Quarterly], Volume 41, Number 2 (2013), pp. 168 151. [in Persian ]
-Kariminia, Sahar, Kariminia, Maryam[Feasibility of establishing a medical accident damage guarantee fund], [Medical Law Quarterly], volume 12, Number 44 (2017), pp. 115 95. [in Persian ]
-Mousavi Bejnvardi, Seyyed Mohammad, [Legal and criminal responsibility of the doctor],[ Matin magazine], number 14 (2008), pp. 34. [in Persian ]
-Mousavi, Seyyed Fazlullah, Arashpour, Alireza, [Place of the Precautionary Principle in International Environmental Law], [Public Law Studies Quarterly], Volume 45, Number 2, (2014),: pp. 179 167. [in Persian ]
-Naderi, Bahar, [Precautionary principle in civil liability in Iranian law and its comparative study in common law, Master's thesis], supervised by Dr. Hassan Badini, Faculty of Law, Central Tehran Branch, Islamic Azad University, (2010). [in Persian ]
-Naqibi, Seyyed Abulqasem; Shirvani, Khadijah, Zahari, Mohaddeh,[ the review of the evolutionary process of the basis of responsibility of producers and suppliers of goods in English law in 2015 and comparing it with Iranian law],[ Danesh Malih,] first volume, number 4 (2017), pp. 67 -51. [in Persian ]
-Whincup ,Michel,Sales[ Law And Product Liability] ( England, Published by HouseG ower1999