Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 413-427 |
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Bagheri Heydari K, Ahmadi F, Ghazanfari H. The Nature and Legal Sources of Civil Liability Resulting from the Failure to Provide drug Information by Drug Manufacturers and Distributors
to Consumers in Iranian, French and British Law. MLJ 2023; 17 (58) :413-427
URL: http://ijmedicallaw.ir/article-1-1613-en.html
URL: http://ijmedicallaw.ir/article-1-1613-en.html
1- Department of Private Law, Khorramabad Branch, Islamic Azad University, Khorramabad, Iran
Abstract:
Background and Aim: Today, compensation for damages caused by the failure to provide pharmaceutical information to consumers is one of the newest legal issues. In this research, an attempt is made to examine the nature and legal sources of civil liability resulting from the failure to provide drug information by drug manufacturers and distributors to consumers in the laws of Iran, France and England.
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.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the research show that failure to provide essential pharmaceutical information to consumers in Iran, France and England by drug manufacturers and distributors can cause the contractual or non-contractual civil liability of the operators of these centers.
Conclusion: In Iranian law, based on articles of special and general laws, including the Consumer Rights Protection Law approved in 1388, the basis of civil liability of manufacturers and distributors of goods such as drugs is fault-based liability; this issue is going to be a conflict facing to the legal developments in advanced countries, it is, thus, required to be reviewed by the Iranian legislature. In French law, based on Article 1386 of the Civil Code and also the doctrine and judicial practice of this country, the civil liability of the operators of these centers is based on pure fault. In British law, as in France and based on various articles of the relevant laws of this country, including the Consumer Rights Protection Law approved in 2015, the basis of the civil liability of manufacturers and distributors of goods, including medicines, in this country is pure liability.
Please cite this article as:
Bagheri Heydari K, Ahmadi F, Ghazanfari H. The Nature and Legal Sources of Civil Liability Resulting from the Failure to Provide drug Information by Drug Manufacturers and Distributors to Consumers in Iranian, French and British Law. Medical Law Journal. 2023; 17(58): e29.
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.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The findings of the research show that failure to provide essential pharmaceutical information to consumers in Iran, France and England by drug manufacturers and distributors can cause the contractual or non-contractual civil liability of the operators of these centers.
Conclusion: In Iranian law, based on articles of special and general laws, including the Consumer Rights Protection Law approved in 1388, the basis of civil liability of manufacturers and distributors of goods such as drugs is fault-based liability; this issue is going to be a conflict facing to the legal developments in advanced countries, it is, thus, required to be reviewed by the Iranian legislature. In French law, based on Article 1386 of the Civil Code and also the doctrine and judicial practice of this country, the civil liability of the operators of these centers is based on pure fault. In British law, as in France and based on various articles of the relevant laws of this country, including the Consumer Rights Protection Law approved in 2015, the basis of the civil liability of manufacturers and distributors of goods, including medicines, in this country is pure liability.
Please cite this article as:
Bagheri Heydari K, Ahmadi F, Ghazanfari H. The Nature and Legal Sources of Civil Liability Resulting from the Failure to Provide drug Information by Drug Manufacturers and Distributors to Consumers in Iranian, French and British Law. Medical Law Journal. 2023; 17(58): e29.
Keywords: Manufacturers, Distributors, Drugs, Civil Liability, Provision of Drug Information, Nature, Legal Sources
Type of Study: Original Article |
Received: 2023/02/25 | Accepted: 2023/06/28
Received: 2023/02/25 | Accepted: 2023/06/28
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