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The Producers`Liability For The Present Damage And For The Future One, Caused By The Defect Of The Product

Author

Listed:
  • Nicolae GRADINARU

    („Constantin Brancoveanu” University Pitesti, Romania Faculty of Management Marketing Business Affaires Rm.Valcea, Romania)

Abstract

The liability without fault of the producer represents the only means of appropriate settlement of the problem, specific to an age characterized by technological progress and by a fair allocation of the risks inherent to the modern technology production and it is applicable only to the movable goods that have been industrially produced. The liability without fault is applicable only to the movable goods that have been industrially produced, therefore, the liability for agricultural products and game must be excluded, except the case in which these products have been subject to an industrial processing which could be the cause of the products’ defects, the liability also exists in the case of movable property used in the construction works of buildings or incorporated into the real estate assets. The Directive no. 85/374/EEC of 25 July 1985 concerning the producer’s liability for defective products establishes some principles in the field, which are to be undertaken in different national legal systems and be applicable to legal relationships arising between producers and the people harmed as a result of the flaws of the products in circulation.

Suggested Citation

  • Nicolae GRADINARU, 2009. "The Producers`Liability For The Present Damage And For The Future One, Caused By The Defect Of The Product," The Annals of the "Stefan cel Mare" University of Suceava. Fascicle of The Faculty of Economics and Public Administration, "Stefan cel Mare" University of Suceava, Romania, Faculty of Economics and Public Administration, vol. 9(Special), pages 28-32, December.
    • Handle: RePEc:scm:ausvfe:v:9:y:2009:i:special:p:28-32
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    File URL: http://www.seap.usv.ro/annals/arhiva/ANNALS%20VOL.9,NR.SPECIAL,2009%20fulltext.pdf
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