The legal matters to protect consumers against the dangerous protect (A comparative- Analytical study)

Abstract

Addressing the harms caused by dangerous products is an important component of ensuring product safety and preventing the health and material damages that consumers of these products my face. This is achieved by establishing strict standards for the pre- assessment of unprotected products, ensuring product quality before they are introduced to the markets, or by setting appropriate legal rules to determine liability for damages resulting from hazardous products and the method of compensating the harmed consumer. This research aims to analyze the legal texts that can be relied upon to confront dangerous products in circulation, specifying the responsibility of designated parties such as the government authorities responsible for product safety. It also focuses on the most significant gaps found in the legal texts concerning liability and rehabilitation from the damages caused by these products. To achieve this goal, the research depends on the descriptive- analytical method by studying and analyzing the legal texts, scholarly opinions, and judicial rulings related to the research topic. It also compares excerpts of these provisions in Iraqi legislation, with comparative laws, aiming to find appropriate solutions to fill the gaps in Iraqi legislation related to confronting hazardous products. Due to the absence of a specific legislative framework for harms resulting from products in Iraqi law, significant differences have emerged in the Iraqi Consumer Protection Law compared to legal practices in other countries, whether in defining responsibilities or methods of rehabilitation, including varying definitions of terms such as dangerous and harmful products. Based on the research results, it appears that the general rules of civil liability in Iraqi legislation do not provide sufficient legal protection for affected users, which necessitates issuing specialized laws that guarantee appropriate protection for them and reduce the health risks associated with the use of these products.