المفهوم الحديث للعيب في ظل الأنظمة الحاكمة لمسؤولية المنتج : دراسة مقارنة

Abstract EN

The defect of security is a character within a given product that strips that product of its usual safety and makes it unreasonably dangerous and capable of inflicting damage-in person or in property-on the consumers using it, or the persons surrounding them.

Historically , this "new concept" coexisted and emerged simultaneously with the advent of product liability in America at the mid of twentieth century , and then transferred to England, France, Germany and the rest of the world.

Worth to mention that the defect of security widely differs from the traditional concept of defect , i.e.

hidden defect (in French legal system) or term of merchantability (in English legal system) which legally implied and imposed in many named contract such as sale, lease or contract of enterprise , since the latter , if it exists, strips the subject-matter of the contract of its purpose or purposed intended by the contracting parties or diminish its value considerably.

The differences between the "new and traditional " concept of defect do not relate to their nature only, but also in their targets: the new concept of defect aims to compensate for the consequences arising from the defect , not the defect itself, it also protects any individual damaged –in person or in property-from the fault within the product , not the contracting parties only.

The research had been divided into three chapters, in the first chapter the researcher has dealt with the new concept of defect and its differentiation from its traditional counterpart, whereas the second chapter specified to classification the defect in its new concept and its proofing mechanism .

the third chapter has dealt with the objective domain of the defect in its new concept.

Finally, the researcher has summed up his research by many recommendations and proposals; hoping that Iraqi legislative organs and judiciary system to adopt them.