Year: 2024
Type: article
Abstract: Manufacturers may, under certain conditions, avoid civil liability by invoking the risks associated with scientific advancement as grounds for exemption. This defense requires proof that at the time the product was introduced into the market, prevailing scientific knowledge did not permit the identification of the defect. Originally introduced through the 1985 European Directive and later incorporated into French legislation via Law No. 98-389 on defective products (subsequently amended by Order No. 2016-131 concerning the reform of contract law, general regime, and proof of obligations), this provision has not yet been adopted in Algerian civil law. Even after the 2005 amendment to Algeria’s civil code, which introduced Article 140 bis on manufacturer liability, the Algerian legal framework, including its consumer protection laws, makes only implicit references to this exemption. Accordingly, The Algerian legislator should determine whether scientific advancements justify exemption, Accordingly, the Algerian legislator should adopt a stance on the risks posed by scientific advancements and the extent to which they can be considered grounds for exemption from liability. This is in line with modern legislations that substantiate this defense, as well as French jurisprudence, which has emphasized the necessity of relying on the risks of scientific advancement to absolve the producer from liability. This is based on the premise that disregarding this defense would hinder development and progress, ultimately obstructing industry, given the relativity and continuous evolution of scientific knowledge. To address these various risks, a comprehensive compensation system supported by insurance companies should be established.
Source: Law and World
DOI: 10.36475/10.4.7
Authors: khadidja Elhamel, Fatiha Naceur
Institutions: Université d'Oran 2, University of Oran 2 Mohamed Ben Ahmed
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405841302