المسؤولية المدنية للشركات المزودة للأدوية : دراسة مقارنة بين القانونين الأردني و القطري

الملخص EN

This study investigated the issue of civil liability of pharmaceutical companies; a comparative study between Jordanian and Qatari law.

The problem of this study was to show the extent of the civil liability of the pharmaceutical suppliers before the trader and the consumer in the Jordanian and Qatari laws, and whether this liability requires a particular legal provision given in particular bylaw or whether the general provisions of the Jordanian and Qatari civil laws adequate are considered adequate.

The study was tackled through a number of chapters dealing with the introduction and general framework of the study, the relationship between the supplier of drugs, the trader and the consumer, the civil liability of the pharmaceutical companies for the defective medicines, and finally the conclusion, which included a number of results and recommendations.

The study showed that both Jordanian and Qatari legislators did not define the defect in the product, but rather they committed the supplier to ensure that his products are sound and responsive to the legitimate needs of the costumer according to the provisions of the Jordanian and Qatari Consumer Protection Law.

We also found that there is a lack of legislation in Jordan and Qatar regarding the principle of compulsory insurance for the civil liability of pharmaceutical companies for the damage of their defective products as a mechanism for compensating the victims of defective medicines.

The study concluded that Jordanian and Qatari legislators should create an integrated legal structure for the pharmaceutical product system.

The defect should be defined to include all types of defects that do not provide the security and safety, which the customer expects to use for the pharmaceutical product.

Jordanian and Qatari legislators also have to adopt the objective liability system in determining the liabilities of drug suppliers for defective pharmaceutical products, as did the French legislator.

Jordanian and Qatari legislators must also recognize the principle of compulsory insurance for the civil liability of drug-supplying companies for the damage of their defective products, as well as the need to create a reserve fund to compensate victims of the consumption of defective medical products in Jordan and Qatar.