Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 83-98 |
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Ghanbarpour B, Rezaei Junaid J. New Thinking Based on the Civil Responsibility of Genetically Modified. MLJ 2024; 18 (59) :83-98
URL: http://ijmedicallaw.ir/article-1-1667-en.html
URL: http://ijmedicallaw.ir/article-1-1667-en.html
1- Department of Law, Qaemshahr Branch, Islamic Azad University, Qaemshahr, Iran
Abstract:
Background and Aim: Using gene modification technology, experts produce new meat and vegetable products called transgenic, which is one of the research achievements of scientists in the contemporary world. Human society to compensate for the damages resulting from the productstransgenicThis research aims to examine the basis of civil liability governing transgenic products and reviews the basis of civil liability arising from these products.
Method: This article is organized in a descriptive-analytical method by using documentary method and the method of data collection is a library using real and virtual authentic books and articles in genetic, jurisprudence and legal science.
Ethical Considerations: In all stages of writing the upcoming research, while respecting the originality of the text, honesty and trustworthiness have been observed.
Results: The findings of the research indicate that there are possible benefits and harms in the use of transgenic products; Therefore, its Shariah ruling is a matter of dispute among jurists. In the field of transgenic civil responsibility, there are two groups under the name of supporters and opponents, each of which paid attention to its positive and negative aspects according to the case.
Conclusion: Since the current common custom of our country considers the use of genetically modified products as a dangerous product and in case of possible damages, it seems difficult and impossible for the victims to prove the fault of the losers arrive; Therefore, the theory of guilt is ineffective in this regard; as a result the authors emphasize this opinion; Where the body and life of the consumer is threatened, the theory of absolute responsibility is proposed as the preferred point of view and the assumption that there is a possibility of financial losses, absolute responsibility can be justified and effective in compensating possible losses.
Please cite this article as:
Ghanbarpour B, Rezaei Junaid J. New Thinking Based on the Civil Responsibility of Genetically Modified. Medical Law Journal. 2024; 18: e7.
Method: This article is organized in a descriptive-analytical method by using documentary method and the method of data collection is a library using real and virtual authentic books and articles in genetic, jurisprudence and legal science.
Ethical Considerations: In all stages of writing the upcoming research, while respecting the originality of the text, honesty and trustworthiness have been observed.
Results: The findings of the research indicate that there are possible benefits and harms in the use of transgenic products; Therefore, its Shariah ruling is a matter of dispute among jurists. In the field of transgenic civil responsibility, there are two groups under the name of supporters and opponents, each of which paid attention to its positive and negative aspects according to the case.
Conclusion: Since the current common custom of our country considers the use of genetically modified products as a dangerous product and in case of possible damages, it seems difficult and impossible for the victims to prove the fault of the losers arrive; Therefore, the theory of guilt is ineffective in this regard; as a result the authors emphasize this opinion; Where the body and life of the consumer is threatened, the theory of absolute responsibility is proposed as the preferred point of view and the assumption that there is a possibility of financial losses, absolute responsibility can be justified and effective in compensating possible losses.
Please cite this article as:
Ghanbarpour B, Rezaei Junaid J. New Thinking Based on the Civil Responsibility of Genetically Modified. Medical Law Journal. 2024; 18: e7.
Type of Study: Original Article |
Received: 2023/06/24 | Accepted: 2024/03/2
Received: 2023/06/24 | Accepted: 2024/03/2
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