Tamir Boldbaatar - Product Liability under Mongolian Law (comparative study) - 24 September

The main aim of this presentation is to provide an overview of the current state of the law in Mongolia with regard to products liability.

The first part of this paper discusses about Mongolian legal system, the influence of German law on Mongolian Civil Law, and the reform of the Civil Code. Mongolian Civil Code is a product of the convergence of certain aspects of the Russian and German Civil Codes, which were both highly influential, but the new Civil Code is generally considered to be a reflection of German law. Under German influence, all doctrines of the law of obligations and contractual liability in Mongolian civil law changed in conceptual terms. The development of consumer protection started in the early 1990s. In the 2000s, the country began to be influenced by consumer issues occurring in Mongolia. The focus of the country’s consumer policy switched from consumer protection to the realization of consumer sovereignty.

The second part of this paper explores the basic rules governing liability for defective products. In Mongolia, products liability is usually approached from the perspective of tort law. Contract law could in principle invoked. Contractual liability for defective products, in principle, requires that the seller was at fault as to the delivery of a defective product. Product liability in Mongolia is primarily based in tort law.

Mongolia is currently at a stage in which it needs to consider what measures and policies are appropriate in order to overcome the problems of consumer protection legislation by investigating its own situation. Especially, Mongolia has many problems with manufacturing and selling pharmaceutical products. This presentation will explore the current problems in pharmaceutical product liability in Mongolia.