University of Tabriz Jurisprudence and Islamic Law 28210891 8 15 2017 09 23 Civil Liability for Unknown Risks of Product in Iranian Law and Emamiyeh Jurisprudence Civil Liability for Unknown Risks of Product in Iranian Law and Emamiyeh Jurisprudence 21 49 7740 FA Ahmad Deylami Associate Professor of Law School of Qom Seyyed Ruhollah Ghasemzadeh Ph.D in Private Law, University of Qom Journal Article 2017 11 16 Civil liability for unknown risks of new products that are called “development risks” is one of the most important discussions of product liability. These risks arise from deficiency of human science and that is why it may be supposed that producer is exonerated from liability for unknown risk. However, despite the silence of the Iranian legislator and jurisprudential sources, in order to protect consumer against unknown risks, the authors have attempted to prove that producer’s liability for unknown risks is justifiable both in Iranian law and Imamiyeh (Shiite) jurisprudence. The most important pieces of evidence include defectiveness of product for unknown risks, customary attribution of defect to incurred loss, ineffectiveness of foreseeability element in civil liability, Asalat- O- Salama (principle of product’s perfect quality), Ghonm rule )one who profits must compensate) and no loss rule. However, these pieces of evidence are somewhat controversial and can be relied upon only by special interpretation of certain concepts. Generally, authors’ interpretation is focused on Iranian law and Emamiyeh jurisprudence. This article consists of two main parts; in first part, the authors have addressed the concept of unknown risks and legal - jurisprudential bases of liability for unknown risks, and in the second part, they have further clarified these pieces of evidence. As a conclusion, the authors suggest some mechanisms in order to protect consumers against unknown risks.<br /><br /> Civil liability for unknown risks of new products that are called “development risks” is one of the most important discussions of product liability. These risks arise from deficiency of human science and that is why it may be supposed that producer is exonerated from liability for unknown risk. However, despite the silence of the Iranian legislator and jurisprudential sources, in order to protect consumer against unknown risks, the authors have attempted to prove that producer’s liability for unknown risks is justifiable both in Iranian law and Imamiyeh (Shiite) jurisprudence. The most important pieces of evidence include defectiveness of product for unknown risks, customary attribution of defect to incurred loss, ineffectiveness of foreseeability element in civil liability, Asalat- O- Salama (principle of product’s perfect quality), Ghonm rule )one who profits must compensate) and no loss rule. However, these pieces of evidence are somewhat controversial and can be relied upon only by special interpretation of certain concepts. Generally, authors’ interpretation is focused on Iranian law and Emamiyeh jurisprudence. This article consists of two main parts; in first part, the authors have addressed the concept of unknown risks and legal - jurisprudential bases of liability for unknown risks, and in the second part, they have further clarified these pieces of evidence. As a conclusion, the authors suggest some mechanisms in order to protect consumers against unknown risks.<br /><br /> https://law.tabrizu.ac.ir/article_7740_f15d211a5c520f706ced4ca3298e1702.pdf