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1 | (39) |
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Products Liability in Mexico |
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1 | (1) |
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A Underpinnings of Products Liability Law in the NAFTA countries |
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2 | (1) |
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B Products Liability in Mexico. A brief historical introduction |
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3 | (3) |
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C Legal framework of products liability in Mexico |
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6 | (20) |
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1 Delictual liability from a Mexican Perspective |
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6 | (4) |
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2 Ley Federal de Proteccion al Consumidor (Federal Law of Consumer Protection, (hereinafter FLCP) and Other Sources of Contractual Liability.) |
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10 | (3) |
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13 | (4) |
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b Civil Code for the Federal District (Codigo Civil para el D.F.) |
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17 | (1) |
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c Warning obligation under the FLCP |
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18 | (1) |
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d Federal Law on Metrology and Normalization. (Ley Federal de Metrologia y Normalizacion) |
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19 | (3) |
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3 Injuries for which a consumer could be compensated in the FLCP and the Civil Code for the Federal District |
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22 | (4) |
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26 | (14) |
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29 | (1) |
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30 | (4) |
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3 A typical products liability case in Mexico |
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34 | (6) |
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40 | (36) |
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I Products Liability Under the Canadian Common Law Provinces |
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40 | (1) |
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41 | (1) |
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41 | (1) |
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41 | (4) |
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45 | (2) |
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47 | (2) |
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49 | (1) |
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49 | (12) |
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49 | (5) |
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54 | (1) |
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55 | (1) |
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56 | (3) |
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II The Products Liability System in the Province of Quebec, Canada |
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59 | (2) |
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61 | (8) |
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1 Loi sur la protection du consommateur |
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61 | (1) |
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a The different kinds of guarantees contemplated under Quebec law |
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62 | (3) |
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b Recours direct contre le fabricant (direct legal action against the manufacturer). The Kravitz case |
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65 | (1) |
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66 | (1) |
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66 | (3) |
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ii Limitation and Exclusion Clauses |
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69 | (1) |
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B Delictual liability and remedies |
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69 | (7) |
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76 | (51) |
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Civil Liability for Injuries Caused by Defective Products in Spain |
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76 | (1) |
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A Legislative background of Law 22/1994 |
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76 | (20) |
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1 First concept of products liability in Europe |
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81 | (8) |
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2 Protection of the affected party for injuries produced by defective products |
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89 | (7) |
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B Legal concept of the product |
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96 | (5) |
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C Legal concept of the defective product |
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101 | (8) |
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D Parties who may be sued and who may recover for injuries caused by defective products |
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109 | (4) |
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E Solidary liability for injuries by active individuals |
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113 | (1) |
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F Framework of liability for injuries caused by defective products |
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114 | (5) |
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G The causes for exoneration of liability |
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119 | (7) |
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126 | (1) |
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127 | (24) |
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Enforcement of Foreign Products Liability Judgments in Mexico |
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127 | (4) |
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131 | (2) |
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B The importance of international procedural law and international procedural cooperation |
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133 | (4) |
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C Description and survey of the Federal Code of Civil Procedure |
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137 | (14) |
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1 Requirements for enforcing a foreign judgment |
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142 | (3) |
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145 | (6) |
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151 | (16) |
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Proposals to Improve the Mexican Civil Products Liability System |
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151 | (1) |
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A First proposal: extend the scope of the consumer's protection |
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152 | (3) |
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B Second proposal: compensation for injuries |
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155 | (2) |
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C Third proposal: to distinguish goods for private consumption from goods for professional consumption when determining damages |
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157 | (1) |
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D Fourth proposal: survey of the economic and non-economic impact of civil products liability in Mexico |
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158 | (1) |
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E Fifth proposal: expand the guarantees offered to consumers and third parties injured by defective products |
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159 | (3) |
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1 Require that, under the new FLCP provision, all guarantees be extended to any person injured by the defective product, even if they were not the users or consumers of the product that caused the injury, and impose solidary liability on all parties in the manufacturing and distribution chain |
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159 | (1) |
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2 Expand the guarantees offered to the consumer |
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160 | (1) |
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a Guarantee of normal use of the good - remove burden from consumer to discover hidden vices |
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160 | (1) |
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b Guarantee of durability |
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161 | (1) |
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162 | (1) |
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F Sixth proposal: proposal for a new procedure to present claims before the corresponding authorities |
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162 | (5) |
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1 Presentation of the proposal |
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163 | (1) |
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2 Attendance at Conciliation Proceeding |
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164 | (1) |
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3 Promote the role of arbitration |
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164 | (1) |
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165 | (2) |
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167 | |
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171 | (2) |
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173 | (1) |
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174 | |