A Comparative Study of the Bases and the Realm of Product Liability in Iranian, French and EU Product Liability

The subject of Product liability is concerned with collections of the rules in which the producers are treated liable for personal injury or property damage caused by a product during use or consumption. Although in some different legal systems it has been made an effort to discover the legal, economic and social dimensions of manufacturer`s liability for defective products in traditional context, and in doctrine and legal precedents there have been continuously an analysis of it. But the industrial and legal-economic situations nowadays involve codifying the rules and laws governing on such liability. The article shows that product liability has not developed as far as in Iranian act on production of consumer`s rights as it has in EU product liability directive 1985 and French product liability 1998. The study of Iranian act of protection of consumer`s rights shows that the concept of consumer has been defined as buyer and manufacturer`s liability for protection of Buyer`s rights is based on contractual liability, but manufacturer`s liability for protection of third persons is based on tort. It is clear that the distinction between them is not correct and the consumer`s rights have not been as protected as necessary.