The Validity of Indemnity for the Manufacturer by the Consumer (A Comparative Study in the Legal Systems of Iran and England)

Document Type : Scientific research

Authors

Akbar Mirzanejad Jouybari ^{1 ¶}

Rouhollah Akhoundi Roshanavand ²

Hoda Moshfeghi ³

¹ Associate Professor, Department of Law, Institute for Management and Planning Studies, Tehran, Iran.

² Assistant professor, Department of law, Payame Noor University, Tehran, Iran.

³ Assistant professor, Department of Law, Khorasan higher education institute, Mashhad, Iran.

https://doi.org/10.22067/economlaw.2026.94938.1481

Abstract

Indemnity Clause is a kind of the transferring responsibility clauses that due to its relevance and increasing importance in terms of risk transfer and division of responsibility in various commercial, service contracts and especially in production contracts has an important position in both of the domestic and International law. Since in most of the world's legal systems the theory of strict liability of manufacturer towards the consumer has been accepted, in this analytical and comparative research the validity of indemnity clause of manufacturer by the consumer in two legal systems of Iran and England have been examined and we reach to this result that Contrary to English law, where the validity of these clauses depend on fair and unfair condition rules, In Iranian law, despite the weakness of the legislator in expressing the clear verdict of these clauses, with the sum of the positions of the legislator in the recent special statutes, it can be said that regardless of the non-opposability of these clauses against any third party, including the third party that is consumer or professional, we should accept a difference among the mentioned indemnity clauses in dangerous and exclusive goods with others.

Keywords

Consumer

Indemnity Clause

Manufacturer

Non-opposability

The Principle of Privity of Contracts

Subjects

• Civil Law (Contracts)

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