On the Duty of Subsequent Observation of Products

Product safety is always a major issue related to people's lives. Especially from the 20th century, along with the development of industrial society and the development of science and technology, there are more and more various types of products. Nowadays, as the function of products becomes more and more complex, it brings convenience to people's life while there are many uncertainties. The problem of product safety risks due to underdevelopment and other reasons is also increasing. The setting of the obligation of follow-up observation of products in Article 1206 of Civil Code makes the product liability realise the breakthrough from monistic compensation to binary prevention of production operators, which doubly protects the legitimate rights and interests of consumers. This paper focuses on the interpretation of the subject, content, nature and other aspects of the provisions of Article 1206 of the Act, and from the analysis of the development of defective defences, the specific links between the obligation of subsequent observation of the product, and economics and sociology, the study negates the application of the development of defective defences of the product.

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Publication Details

Journal
Journal of economics and law.
Published
2024-12-01
DOI
https://doi.org/10.62517/jel.202414614
Primary Topic
Law, AI, and Intellectual Property
Type
article
Field-Weighted Citation Impact
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article

On the Duty of Subsequent Observation of Products

Yaqi Huang
Journal of economics and law.
Law, AI, and Intellectual Property
article

On the Duty of Subsequent Observation of Products

Yaqi Huang
article en

Abstract

Product safety is always a major issue related to people's lives. Especially from the 20th century, along with the development of industrial society and the development of science and technology, there are more and more various types of products. Nowadays, as the function of products becomes more and more complex, it brings convenience to people's life while there are many uncertainties. The problem of product safety risks due to underdevelopment and other reasons is also increasing. The setting of the obligation of follow-up observation of products in Article 1206 of Civil Code makes the product liability realise the breakthrough from monistic compensation to binary prevention of production operators, which doubly protects the legitimate rights and interests of consumers. This paper focuses on the interpretation of the subject, content, nature and other aspects of the provisions of Article 1206 of the Act, and from the analysis of the development of defective defences, the specific links between the obligation of subsequent observation of the product, and economics and sociology, the study negates the application of the development of defective defences of the product.

Journal of economics and law.Vol. 1(6)
China Jiliang University (CN)
Openalex Percentile: Top 73%
Law, AI, and Intellectual Property
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