JUDICIAL PROTECTION OF DAMAGED AGAINST PRODUCT SAFETY DEFECTS: “A COMPARATIVE STUDY IN THE EGYPTIAN AND FRENCH LAWS”

Ibrahim Abdelaziz Daoud, Moustafa Elmetwaly Kandeel, Said Elsayed Kandil

Abstract


Recently developed technological products and commodities challenge legal liability systems because they lack the elements of safety and security, exposing individuals to major risks and damages. In response, modern legislative policies must adopt new legal systems concerning damage from defective products. Although several laws have been passed, the ultimate goal of ensuring such safety can only be fulfilled through judicial protection and efficient law enforcement. This study focused on legal systems which have activated judicial protection for damaged persons against safety defects in a product. It was found that, in comparison with the Egyptian law, the French Objective Responsibility Act for Defective Products is the most activated legal system regarding individual safety assurance. This is due to its coherent structure of legal rules and provisions, specifically its ultimate goal of safety, its definition of defective products, and its stipulations regarding safety defects as the sole legal grounds for liability for damages from defective products.

Keywords


Compensation, safety defects, defective products, consumer protection law, Objective Responsibility Act, judicial protection

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