نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The use of defective cosmetics does not solely result in financial damages; it can also entail non-financial damages—such as bodily injuries and moral damages—whose significance in terms of compensation is far greater than that of financial damages. Therefore, considering the obstacles in proving the fault of the manufacturer and other parties involved in the production and supply chain for the consumer, it seems necessary to seek other theoretical foundations as bases for liability. In this regard, the manner of compensating the damages incurred by consumers of cosmetics and other individuals, as well as the basis for civil liability in the production of defective cosmetics and the scope and extent of their responsibility for the damages incurred, holds special importance. In compensating for damages resulting from the production of defective cosmetics, the injured party can refer to contractual and tortious civil liability. It appears that the most appropriate basis for the civil liability of manufacturers of defective cosmetics concerning damages caused to consumers and others is strict liability rather than fault-based liability. Depending on the case, the consumer can approach any of the manufacturers or suppliers of the defective cosmetics. However, the ultimate responsible party for the damages arising from the defects in cosmetics is the manufacturer, who reaps the primary profit. To better protect consumers, it is necessary for the legislator to invalidate any conditions that limit or exclude liability declared by the manufacturer or supplier. Manufacturers of defective cosmetics are obligated to compensate for all damages incurred by individuals.
کلیدواژهها English
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