Les fonctions de la responsabilité du fait des produits défectueux
Author | : Lamiaa M. Kheir Bek |
Publisher | : PU Aix-Marseille |
Total Pages | : 310 |
Release | : 2011 |
ISBN-10 | : 2731407603 |
ISBN-13 | : 9782731407600 |
Rating | : 4/5 (03 Downloads) |
Download or read book Les fonctions de la responsabilité du fait des produits défectueux written by Lamiaa M. Kheir Bek and published by PU Aix-Marseille. This book was released on 2011 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a time where risks multiply exponentially, it becomes a must to find a mean obliging the decision makers to observe the weakness of their knowledge and the importance of making their decisions on the basis of their 'ignorance' and lack of understanding of the world. Our study focuses on the production and distribution industry that should anticipate and manage the risks it creates. One of the factors influencing the parties in this direction is the recourse to liability. At all times, french and american traditional liability solutions have played a role of compensation, clearly in favor of the victims. Nevertheless, the role of the liability rules evolved due to social and economic pressures. From a subjective contractual and tortious liability system, the evolution led to the expansion of the practice field of products liability, leading to the creation of a Strict products liability system. On both sides of the Atlantic, the choice of this evolution is not in particular the result of a search of the efficiency of liability rules, nonetheless, it ultimately procured a wide acceptance of the prevention function of those rules. The analysis of Products Liability, in french and american laws, allows a better assessment of the progress of the functions of liability rules, and consequently allows the development of an efficient and adequate products liability regime.