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مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Abstract

The world in the modern era is witnessing a huge upsurge in the production of goods and services on both the quantitative and qualitative levels, regarding the qualitive of the products, they have developed in two directions: in the first direction, it was able to meet the various human needs and led to the progress of human civilization in the way that humanity lives today, where abundance in the means of luxury living, in the second direction, the products have evolved in a manner that has become a threat to human life and his property. Therefore, products defects led to a new concept of defect within the scope of private law as opposed to the traditional concept of defect. Traditionally, a defect in things refers to an emergency lesion which decreases the utility or value of the things, while the defect of the products in its modern sense refers to the flaw in the safety standards of the products in such a way that their use would be a danger to the consumer himself or his property. There is no doubt that the liability lawsuit arising from defective products usually raises a real conflict between laws due to its connection to more than one legal system. At the very least, this lawsuit raises a conflict between the law of the country in which the defective product was produced (the country where the error occurred) and the country in which the harm occurred to the last user (the country where the damage occurred).

Through the research, it became clear to us that Iraqi law and comparative Arab laws subject liability for products defects to general conflict-rules concerning contractual and non-contractual obligations, these general rules undoubtedly do not take into account the status of the injured party in the liability lawsuit for product defects. On the other hand, some comparative legal instruments have organized a special conflict-rule for the consumer contract in which they focus on adopting the law of the place of residence of the injured person, with differences in the details. Whereas the special conflict-rule for non-contractual liability for products or specifically for defective products, which had adopted by some comparative legal instrument, it also focused on the application of the law of the place of residence of the injured person from the defective product, or other laws related to the liability in question, such as the law of the country in which the injury occurred or the law of the country in which the damage occurred. Certainly, there is a difference in details between the instruments subject to comparison in this regard.

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