On the Duty of Subsequent Observation of Products

DOI: https://doi.org/10.62517/jel.202414614

Author(s)

Yaqi Huang

Affiliation(s)

School of Law, China Jiliang University, Zhejiang, China

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.

Keywords

Duty of Subsequent Observation of the Product; Risk Prevention; Development of a Defective Defence; Measurement of Interest

References

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