AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
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Authors: JUANITA GOICOVICI.
DOI: 10.24193/SUBBiur.67(2022).1.2
Article history: Available online July 25, 2022; Available print August 25, 2022.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 106-185
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Abstract: The study aims at analysing the impact that the use of the risk-benefit test, respectively the test of legitimate expectations of the consumer has on the physiognomy of civil liability for damage caused by defective products, especially in terms of preserving the objective nature of this type of liability, detached from the element of culpable action or omission. Using the ‘risk-benefit’ balance, courts can specifically assess the defect of a product, including both narrow manufacturing defects and design defects, respectively deficiencies/omissions in offering correct and complete consumer information. The architecture of liability for defective products is strongly influenced by the jurisprudential option for the risk-utility test, with the possible association of the test results of legitimate expectations of consumers, which characterized the objective liability for defective products as a separate species of civil liability that perpetuates detachment from the criterion of fault or negligence of the manufacturer/importer of the product with manufacturing defects.
Key words: strict liability, manufacturing defects, risk-benefit test, legitimate expectations, consumer.
