المسؤولیة المدنیة لمنتج الدواء

Abstract

Considering the importance of medicinal products in human life especially the medications used in medicine and given the importance of these products, the subject of drug safety has become a significant part in the interest of legislators and researchers because it is linked to the health and safety of the consumer. This topic is shared by several laws, starting with the Civil Code, which introduced the responsibility of the producer for damage caused by a defect in the product; then the Consumer Protection and Fraud Suppression Act, which is a special law; and finally by the new Health Act regulating the profession of pharmacy, leaving the question about the extent of the complementarity of these laws or the contradiction between them. The Algerian legislature has also been interested in protecting the victims of drug consumption by establishing legal frameworks for the accountability of the drug producer and compensating the injured ones, so the question arises about the adequacy of the application of the general rules for the protection of the injured. The Algerian legislature has strengthened this protection by recognizing the product's civil liability for the drug, which is neither a tort nor a nodal one, but rather an objective liability based on harm rather than fault; the noncontracting injured can claim damages even if the product does not have a contractual link, Because it exceeded the relative idea of the decade in terms of people. The responsibility of the drug producer raises several questions starting with the production of the drug and put it to trade then how to prove the damage, whether it was the result of defect in the medicine and obtain compensation, and finally the method of paying the product for its responsibility according to the general and special rules, all of these will be addressed through the following two sections: Section 1: Legal regulation of the production and circulation of medicine Section 2: The legal regime for the liability of the drug producer