Volume 16, Issue 57 (4-2022)
MLJ 2022, 16(57): 870-885 |
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Jorfi H, Qanavati J, Arabian A. The Position of Insurance and Compensation Fund in Realizing the Effects of Civil Liability Due to Food Production Defects. MLJ 2022; 16 (57) :870-885
URL: http://ijmedicallaw.ir/article-1-1498-en.html
URL: http://ijmedicallaw.ir/article-1-1498-en.html
1- Department of Private Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran
2- Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran
2- Department of Private Law, Faculty of Law, Farabi Campus, University of Tehran, Qom, Iran
Abstract:
Background and Aim: The relationship between food and human health has led to the adoption of various laws in different countries regarding the effects of civil liability due to production defects in food and also the role of insurance industry and compensation funds in achieving these effects. Research is ahead.
Method: Because this study analyzes the data qualitatively, it lacks a clear statistical population. Obviously, the criterion of data analysis is based on logic and reasoning and based on the study and inference of laws and legal doctrine, we analyze hypotheses and data.
Ethical Considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements have been considered by the authors.
Results: The research findings indicate the effectiveness of the insurance industry in realizing the effects of civil liability due to food production defects by predicting pure liability for producers and also creating a system based on compulsory insurance. In the case of compensation funds, although the special fund for damages caused by food production is not specifically provided for in the legal systems of the United States, European countries and Iran, but similar and close legal mechanisms can be used, which is one of the most important They can be called liability contracts as well as contracts for the intensification of liability.
Conclusion: It seems necessary to use more and more neglected capacities of the insurance industry as well as compensation funds by the Iranian legislator in order to realize the effects of civil liability due to food production defects (customer compensation and punitive damages).
Please cite this article as:
Jorfi H, Qanavati J, Arabian A. The Position of Insurance and Compensation Fund in Realizing the Effects of Civil Liability Due to Food Production Defects. Medical Law Journal. 2022; 16(57): e62.
Method: Because this study analyzes the data qualitatively, it lacks a clear statistical population. Obviously, the criterion of data analysis is based on logic and reasoning and based on the study and inference of laws and legal doctrine, we analyze hypotheses and data.
Ethical Considerations: In the present study, preserving the originality of texts and fidelity in speech quoting, as the most important ethical requirements have been considered by the authors.
Results: The research findings indicate the effectiveness of the insurance industry in realizing the effects of civil liability due to food production defects by predicting pure liability for producers and also creating a system based on compulsory insurance. In the case of compensation funds, although the special fund for damages caused by food production is not specifically provided for in the legal systems of the United States, European countries and Iran, but similar and close legal mechanisms can be used, which is one of the most important They can be called liability contracts as well as contracts for the intensification of liability.
Conclusion: It seems necessary to use more and more neglected capacities of the insurance industry as well as compensation funds by the Iranian legislator in order to realize the effects of civil liability due to food production defects (customer compensation and punitive damages).
Please cite this article as:
Jorfi H, Qanavati J, Arabian A. The Position of Insurance and Compensation Fund in Realizing the Effects of Civil Liability Due to Food Production Defects. Medical Law Journal. 2022; 16(57): e62.
Type of Study: Original Article |
Received: 2022/01/22 | Accepted: 2022/02/16
Received: 2022/01/22 | Accepted: 2022/02/16
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