Volume 15, Issue 56 (4-2021)                   MLJ 2021, 15(56): 575-585 | Back to browse issues page

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Rahmani Manshadi H. Comparative study of strict liability in redress arising from agricultural biotechnology. MLJ. 2021; 15 (56) :575-585
URL: http://ijmedicallaw.ir/article-1-1361-en.html
Faculty of Law, Political Science and History, Yazd University, Yazd, Iran
Abstract:  
Background and Aim: Claim for damages of Agricultural Biotechnology on Fault-based liability system in practice lead to Lack of compensation in most cases because of the difficulty of proving fault Due to the complex nature of the production and supply of GM crops. For this reason, in Recent years have been wide global debate about whether agricultural biotechnology should be covered by a special liability regime.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Results: In Iranian law, some efforts have been made to enforce a special civil liability system for the production and supply of transgenic products but unfortunately, despite envisaging Strict Liability in the initial bills, In the final enactment of the Biosafety Act, compensation for transgenic crops was placed under the general rules of civil liability and the theory of fault-based liability.
Ethical considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: Due to the rapid changes that have occurred in agricultural biotechnology it is better to use a strict liability Regime for damages caused by GM crops Because strict liability system by removing the obligation to prove negligence led to easier redress claims.

Cite this article as: Rahmani Manshadi H. Comparative study of strict liability in redress arising from agricultural biotechnology.  Medical Law Journal 2021; 15(56): e36.
Type of Study: Original Article |
Received: 2020/10/5 | Accepted: 2021/03/10

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