The thesis reveals the study and solution of legal matters related to liability for damage caused by a product defect. Several conceptual provisions and principles have been formulated, and proposals aimed to increase the level of securing the right of the injured party to compensation for damage caused by a product defect have been developed.
The first section of the thesis contains analysis and discloses the process of origination and establishment of liability for damage that may be caused by a product defect in Ukraine and worldwide, as well as its current development.
It has been established that liability for damage caused by a product defect is, in essence, a specific type of tortious civil liability, regardless of fault, of the manufacturer (in some cases, the supplier or seller) to compensate for damage caused to individuals and/or legal entities by a defect in the product. The following features of liability for damage caused by a product defect have been identified: truncated offence (the non-binding nature of such a condition for the occurrence of liability as to the fault of the manufacturer); the possibility of liability not only of the manufacturer but also the seller or importer of the product; additional, assertive, property, compensatory and non-contractual nature of liability, etc.
A distinction has been made between civil tortious liability for damage caused by a product defect and contractual liability for product quality. The difference between these types of liability has been substantiated as follows: 1) the conditions for the occurrence of tortious liability is the fact of damage, product defect, and the causal link between the defect and the damage, while the prerequisites for the occurrence of contractual liability is non-compliance of product quality with the requirements specified in the terms of the contract and/or the provisions of the current legislation; 2) tortious liability is a liability based on the law, while contractual liability is mainly based on the provisions of the contract; 3) the subjects of contractual liability for product quality are the seller and buyer of product, and the subjects of tortious liability are the manufacturer (in some cases provided by law, the seller and importer of products) and the injured party of a product defect; 4) tortious liability for damage caused by a product defect is the need to compensate for the damage, while the contractual liability may consist in a proportional reduction in the goods price, free elimination of faulty goods, reimbursement of costs for eliminating faulty goods, refund the amount paid for the goods to the buyer, replacement of the faulty goods for the same or similar faulty goods, etc.
Liability for damage caused by a product defect as an institute of law is a group of internally agreed regulations, which in their way govern the legal relationship to hold individuals liable for damage caused by a product defect. The following features of the institute of liability for damage caused by a product defect have been established: regulatory independence, stability and autonomy of the institute, the elements of the imperative method of legal regulation, conceptual and categorical apparatus of the institute.
The second section of the thesis provides a legal description of such parties to legal relations for compensation for damage caused by a product defect, as the victim, manufacturer, importer, seller. The aspects of concern in the legal regulation of such parties are established and the ways of their solution are suggested. The following features of legal relations concerning compensation of the damage caused as a result of product defect are outlined: protective, property character of the given legal relations, their inconsistency, the imperative character of legal regulation, etc.
A distinction is made between the concepts of the product and the goods, product defect and faulty goods. It is substantiated that the concept of the defect and material defect should be used only within the contract law, while the concept of faulty goods as a category of non-contractual liability should be used to govern legal relations to bring parties liable for damage caused by faulty goods.
It is proposed to establish legal norms, according to which an injured party as a result of a product defect, and not just consumers and users, can be a victim. The author has substantiated the necessity of including in the subject of legal regulation of the institute of liability for damage caused as a result of a product defect the relations on liability for damage caused by product defect that are immovable property, services, works by including in the concept of product the goods that are immovable property, services, and works, and governing these legal relations by setting out all the provisions of the legislation in one legal act.
