تنازع القوانين في المسؤولية المدنية الناجمة عن المنتجات المعيبة : دراسة تحليلية مقارنة

الملخص EN

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.