Document Type : Research Paper
Authors
1 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Shahrekord University
2 Associate Professor of private law at the Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
Abstract
This study analyzes the legal foundations of civil liability arising from the operation of artificial intelligence(AI) systems, focusing on the general rules of liability in Iranian and French law. Initially, by examining the essential features of AI, this technology is considered an entity with an active and influential role in causing harm. Thereafter, two criteria for attributing liability are examined: liability based on ownership and liability based on custody. In cases where the owner and user are the same person, there is no difference between the two criteria, and liability is attributable to a single individual. However, in cases of separation, the criterion of custody and effective control is more convincing when the user has an active role at the time of the event. Conversely, if damage results from the unforeseeable and independent act of AI, strict liability based on ownership provides stronger legal justification. From this perspective, civil liability in the field of AI assumes a hybrid nature and, depending on the circumstances, may rest on either basis.The findings indicate that, until specific legislation is enacted, a flexible approach tailored to the relationship is required to prevent unjust outcomes, achieve compensatory justice, and align liability law with technological realities.
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