المسؤولية المدنية لشركات إنتاج التبغ عن مضار التدخين
Date
2020-06-07
Authors
مصطفى محمود مصطفى عايش
Mustafa Mahmoud Mustafa Ayesh
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This study aimed at determining civil liability of tobacco producing companies for harm caused by smoking. The preparation of this thesis was based on the descriptive analytical comparative approach, through an alyzing legal provisions regulating thereof, as well as jurisprudence, in addition to judicial decision related to the matter, and it was compared to laws in some countries. The first part of this study shed the light on civil liability of tobacco producing companies; where the civil liability of defective products and the legal nature of this liability were discussed. In part two, the study explained the legal effect in case these companies are proved liable; while explaining the procedures of civil suit, as well as the old methods adopted by tobacco producing companies aiming to escape from liability in order to avoid paying compensation. This study also clarifies the risks acceptance theory, which was developed by judicial jurisprudence as a modern method to avoid compensation, and the extent of its applicability to civil liability. Accordingly, this study ended to many important conclusions, represented by the necessity that tobacco producing companies adhere to specific conditions for producing tobacco, and not adhering makes these companies liable according to contractual liability before the government as the representative of smokers. In addition, even if these companies adhere to the aforesaid conditions, they are still under tortuous liability according to “any harm to others must be remedied by the party responsible”. Although these companies are deemed responsible, but they can stick to risk acceptance theory in order to avoid responsibility. The
study recommends that countries should set more strict conditions on these companies in order to reduce the harms.