Thesis:

Civil liability arising from genetic manipulation

In this research, using a descriptive-analytical method and with the aim of investigating "civil liability caused by genetic manipulation", the conclusion was reached that; Regarding genetically modified products; It is difficult to prevent the cross-border movement and import and export of these products by resorting to the human rights obligations of the governments, and as a result, the possible dangers arising from the consumption and release of these products; In this situation, it becomes necessary to establish rules regarding the responsibility caused by possible cross-border damages of these products. From another point of view, after several decades of inactivity and blockage of international civil liability systems, whether at the international or regional level, the supplementary protocol of Nagoya Kuala Lumpur has entered this field as the savior of the environmental liability system and can through The following thought process should respond to the obstruction of the environmental liability system, especially in the field of genetic manipulation of products: First, the liability system should balance between responding to environmental damage, including damage to biodiversity, on the one hand, and traditional damage to persons and property. On the other hand, it should be distinguished. Second, in responding to environmental damage caused by genetic manipulation of products, the approach of general rules to system responsibility will be more effective, because it deals with this damage more directly by requiring the agent to perform responsive actions. Third, the approach of general rules to responsibility is a new approach that has limited experience in its practical implementation, for this reason, the details of the legal structure of the responsibility system based on this approach are currently entrusted to the internal laws of each member, and as a result, there is a better opportunity for the government to achieve Negotiators have provided for an agreement. In this context, despite the silent position of law and jurisprudence in Iranian law, to accept responsibility for the risks of products with unknown risks of genetically modified products, the principle of harmlessness, the principle of health and the principle of wheat can be used in particular. These bases, along with the defectiveness of the product, the customary citation between the defect and the damage caused and the ineffectiveness of the element of predictability in civil liability, can persuade us to accept the warranty arising from the risks of products with unknown risks of these products.

Keywords: civil liability, genetically engineered products, principle of harmlessness, environmental damage