Descriptive Study on "Market Share Liability" in Iranian Rules of Jurisprudence

The release of some estrogenic drugs in the sixties which produced with several therapeutic goals mostly prevention of abortion followed in similar cancer for the children born from the users. However, such cancers identified as the subsequent use of the drugs, due to a multiplicity of pharmacists and the inability of patients to identify the leading manufacturers, the law cases failed to prove damages and consequently compensations in the first stage. The reason was the allegations base which was on traditional responsibility rules that require proof of a causal relationship failed in the legal process; afterward, the new concept of the principle of compensation based on the doctrine of "Market Share Liability" could lawsuit against the makers related to their market share and compensate their loss. Similar cases in the courts of the Roman systems like Germany accepted and grew in this period, which covered the same legal issues in this area. Due to risk of such legal disputes in Iran, this descriptive article studies and examines the market share liability concepts in Iranian jurisprudence, possible legal solutions of medicals and insurances regulation and will offer advanced solutions to such disputes. Please cite this article as: Shirvani A, Mortazavi Langroodi SM. Descriptive Study on Market Share of Liability in Iranian Rules of Jurisprudence. Iran J Med Law 2019; 13(48): 91-109.