The responsibility of the Central Agency for Standardization and Quality Control for Consumer Protection in Iraqi Law (Comparative analytical study)
Journal of college of Law for Legal and Political Sciences,
2019, Volume 8, Issue issue 29 part 2, Pages 272-341
AbstractThe purpose of this study is to seek for the in charge for compensation of consumer, away of the traditional responsible like the producer or seller, distributor or importer or exporter, by inserting one of the censorship systems in the corner of civil responsibility towards the consumer, and because of the plenty censorship systems in Iraq, we chose the Central Organization for Standardization and Quality Control، and to prove it we dealt with the main powers of the organization including issuing specifications, committees of inspection and a certificate of conformity, certificate of calibration, a sign of quality and marking of jewelry, and it became clear to us that all the powers except issuing specification is conformity of product and service with their own specification, and thus the error in the evaluation of conformity of product with the specification probably resulting in damage to the consumer, and thus promote the civil responsibility for the organization.While the organization as any moral person exercising its own powers through a set of followers, the error of its followers followed by the responsibility of organization, but the responsibility of the organization in Iraqi law is not original, but dependency, it is considered a bridge cross the responsibility to the doer who settles it responsibility, and on this organization is considered as a guarantor forced guarantee imposed by law with giving him the right to returning whatever to pay, to the original responsible (follower) that settles it responsibility.Since the Possibilities of the organization are limited to the exercising of all powers, it has resorted to the adoption of the screening program before delivery, by contracting with a checker specialized companies, and according to the approved contract, these companies making conformity of commodities to be imported with the Iraqi standard in a origin country, And the effect of conformity evaluation results conformity certificate will be given to the imported commodity, and the error in the conformity followed by a damage for the Iraqi consumer and thus will be imposed the responsibility of consumers compensation of damages they sustained .
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