Civil Liability and Artificial Intelligence … Possibility of Accountability?!: In-depth Analytical Study of the Rules of Civil Liability in French Civil Law
Prof. Mohammad E. Al Khatib
Professor of Civil Law – law Dept.
Ahmad bin Mohammad Military
College – Doha – Qatar
Abstract:
With an in-depth analytical and critical approach to the texts of French civil legislation related to the rules of civil liability, as well as the draft law amending the provisions of civil liability, «PLRRC Urvoas 2017», the research presented a prospective study on the possibility of artificial intelligence accountability! Through two main requirements: the first dealt with the possibility of holding artificial intelligence in light of personal consideration of this intelligence, while the second presented this possibility in light of the rules of objective responsibility, considering artificial intelligence as a thing or a product.
The study concluded that neither of these two theories can be applied entirely to artificial intelligence, as we are facing a case of uniqueness and distinction, which cannot be held accountable for its own actions. Also, any legal characterization of it, given its rational, semi-independent kinetic nature, “Thing”, is a wrong characterization, at the same time that it cannot be considered “Product”, due to its moral, intelligent nature.
The study recommended the need to establish special legal rules that address the provisions of this new responsibility; which can be described as «Legal responsibility for artificial intelligence», are included within the systems of private civil responsibility; and ensure the correct legal treatment of this intelligence with its moral and material dimensions. It also stops the state of legislative hesitation that characterizes the position of the French civil legislator. Stressing that the continuation of this hesitation and disregard, will further complicate the rules of civil liability and confusion, while moving in another way, it will have a more beneficial effect of the image and philosophical methodology of this legislation.
Keywords: personal responsibility of artificial intelligence, objective responsibility of artificial intelligence, guard theory and artificial intelligence, force majeure and artificial intelligence, robots, robotic car.