بررسي ماهوي حقوق مصرف كنندگان در حقوق انگلستان و ضرورت اصلاح كاستي هاي حمايتي از آنان در حقوق ايران

A comparative analysis as to the civil liabilities for the defective products in English and Iranian Law

One of the most fundamental rights of human beings is the right of consumption. The more protection that is given to the consumers the easier their life and the more peaceful future for the people would be. The product liability is of importance not the least because of the difficulties encountered by who has no power, whatsoever, to bring actions in contract or in negligence against powerful companies for significant injuries alleged caused by defective product. Seventy Five years ago, the English legal system began to think how to protect the weaker party (consumer) against the producer or manufacturer of dangerous goods, while in Iranian law, till now, nobody has been able to persuade the old and ignorant members of the Council of Guardians (the so called scholars) appointed for not allowing the parliament Acts to be against Islamic Laws, that the vulnerable people of the society do need some kind of protection against the producers and manufacturers. The principles of Islamic law do allow such a kind of protection to be given to the consumers. Few months ago (May 2007), the Council of Guardians approved the law for the protection of consumers of vehicles. This indicates that, from the Islamic point of view, the protection of all consumers is a humanitarian act, which must not be disregarded. This article is an attempt to persuade the Iranian legislature not to guard against the consumers interests; and if they choose to protect the consumer, what principals they should observe in that respect.