Dr. Maamar Bentria
Assistant Professor – Dept. of Private Law – Faculty of Law & Political Science – University of Abdelhamid ibn Badis – Mostaganem – Algeria

Abstract:

The Civil liability system of producers and manufacturers is a central legal topic, considering its modernity and novelty in most comparative legal systems, such as The French civil code which introduced this provision in 1998, and recently the Algerian civil code in 2005.
In this context the concept of «Defectiveness of product» in product liability system is a liability basis used by most comparative legal systems, including French law as well as Anglo-American system, to attribute to the burden of compensation of victims, among operators involved in the marketing of products.
This current study aims to study the concept of “Defectiveness of product” as a central element in European law as well as French law and American system, in order to give an answer for two mother questions: « what evolution can we see for this liability system?» and to analyze consequently « what responses provided by insurance to cover the economic charge of defective product?».
This paper is analyzing the notion of defectiveness of product according to the latest developments in comparative law (French and Anglo-American law), compared with the actual provision in Algerian civil code, the Consumer protection provisions as well as insurance law.
This study will be splitted up into a bilateral plan: (I)The Defectiveness of Product: the trigger fact of the product liability system. (II)The Responses provided by insurance for covering Defectiveness.
Key words: insurance, risk, civil liability, producer, defective products, delivered product, business risk.

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