Smart Civil Liability Resulting from Damages of Artificial Intelligence: A Comparative Study

Dr. Mohammed Ahmad Al Sharairi
Faculty Member of Civil Law
Police College, State of Qatar

Abstract:


This study dealt with the development of artificial intelligence techniques and their spread in various aspects of human life, and it examined the crisis and impotence of the general rules in the “commitment theory” and personal civil responsibility invented by the French Civil Code, which most Arab civil legislations stood by, and the European directives attempt to assume the legal personality of robots to compensate for the damages caused by these techniques.
Then the study headed to search for a new conception of responsibility through the “public right theory” and its objective rules which the Jordanian law founded, drawing inspiration from the provisions of the rich Islamic jurisprudence and augmented in some of its rules by the UAE law and Arab model legislations, in the context of seeking a sustainable solution to this crisis, as the responsibility will be spread freely by only raising its general base to appear as a natural response before it is legal in compensating the damages of artificial intelligence techniques in various fields of life. The study found richness in the theory of public right and objective responsibility through only one legal rule that enshrines the “right to public safety”.

Key words: public right theory, artificial intelligence, objective civil liability, ensuring legal safety, smart civil liability.

Read Full PDF Text (Arabic)