DoctorateOpen Access

Product liability of the producer

2007
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Advisor: Prof.dr. Erden Kuntalp

Abstract (EN)

Especially after 1960s following to faulty product crises a movement to a stricter liability for producers started to be disputed. Firstly in USA in 1960, strict liability for defective products has been accepted for producers as a general rule. Although it has also been disputed in Europe it has taken the Europeans too long to accept a serious regulation about product liability. Only in 1985 the European Union has accepted the Directive 85/374 on product liability, which has been approved and applied by all members states. On the other hand, although in the middle of the danger, Turkey has not accepted yet any applicable regulations on the subject. We are saying applicable regulation because; actually the government has accepted a regulation on product liability on 2003 which is a bad translation of the Directive 85/374 of EU. This regulation is not applicable since it is contrary to law. In the theses submitted, we have defended that Turkey should rapidly accept an applicable regulation for strict liability on product liability. Until such a regulation, our country is under the risk of being a defective product paradise since, the producers will prefer to sell their defective products in Turkey which they could not put into circulation in USA and Europe due to their strict regulations. This also means that our consumers are under a serious risk of danger under the current legal system. Keywords : Product liability, strict liability, defective product.

Author

Dr. Tuba Akçura Karaman

How to Cite

Tuba Akçura Karaman (Doctorate thesis). Product liability of the producer, 2007, Galatasaray University.

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