Analyzing the Civil liability arising from the production of substandard drugs(in Iranian legal system and Jurisprudence)
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Author:
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, , EHSAN ALIAKBARI BABOOKANI
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Abstract:
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One of the things in many medical legal system is civil Liability arising from the production of substandard drugs. This responsibility is an absolute responsibility in the sense that due to the sensitivity of pharmaceutical products and their great impact on human health, the responsibility of manufacturers and suppliers is considered an absolute responsibility and therefore to prove their responsibility, the consumer must only prove the drug consumption and the damage caused by it. There is no need to prove fault or a contractual relationship. In this regard, due to the growing medical science and the high price of many drugs, some manufacturers produce non-standard drugs to increase profits. In this regard, the study and attention to their civil liability in the Iranian legal system is analyzing. On the other hand, because of the importance of public health, the author proves that legislating in the matter is very important. The main question in this article is whether the manufacturers of non-standard drugs have a legal responsibility or not? If so, what is the reason for the responsibility of these producers? So this paper by recognizing this question pay attention to this issue in Islamic sources and provid solution in this subject.
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Keyword:
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non-standard medicine, absolute liability, substandard drugs
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EOI:
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-
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DOI:
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https://doi.org/10.31838/ijpr/2020.12.04.458
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