The Research on Merchandise Producer’s Delictual Liability.

• Main Authors: Guo Can-Huang, 郭燦煌
• Other Authors: Tu Chun-Jin
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/01164685144046790017

碩士 === 玄奘大學 === 法律學系碩士在職專班 === 100 === This research is intended to support the incorporation of both the theory and practice of merchandise producer’s delictual liability in the Civil Code. In addition to the Fair Trade Act and the Patent Act discussed in this research, the Consumer Protection Law is enacted for the purpose of regulating the consumption or enjoyment of final products. As a result, the consumption of raw materials, parts and semi-products which are used for manufacturing are not within the scope of the Law. Therefore, the Civil Code is capable of plugging the above gap. In addition, the purpose of the Consumer Protection Law is to make up for the insufficient economic, organizational and information powers of consumers compared to enterprise managers. The foundation of the Civil Code is to create equality and freedom between parties. As a result, it is necessary to set forth the liabilities of manufacturers arising from their tortious acts in the Part of Obligation of the Civil Code. Apart from this, the Enforcement Rules for Consumer Protection Law have already included final products, semi-products, raw materials or parts into the holistic concept of products. Since the Enforcement Rules have already taken effect, the more important issue confronted now is the application of such Rules, particularly the clarification of the relationship between the application of the Consumer Protection Law and incomplete performance and warranty of free from defect stipulated in the Civil Code. Due to industrial and business development, products manufactured or processed by industry and commerce sectors have become necessities in people’s daily life. Thus, if such products are defective, what are the remedies? The US and German practices have provided detailed references. Any suggestion is most welcomed and appreciated. Key words：Delictual Liability、Merchandise Producer、Fair Trade Act、Civil Code、Patent Act、Consumer Protection Law