Research and development in private law

Research and development in private law

Re-examining the civil liability of AI-based robots, owners, manufacturers, and users

Articles in Press

Document Type : Original Article

Authors
sobhan fathollahi 1
asghar arabian 2
ahmad Yousefi Sadeghloo 2
1 Department of private law , SR.C., Islamic Azad University, Tehran, Iran.
2 Department of private low SR.C., Islamic Azad University, Tehran, Iran.
10.22034/jpl.2026.2087328.1309
Abstract
Abstract

The increasing use of new technologies, including artificial intelligence, in addition to its many benefits and applications, has confronted human beings with issues and problems, including issues related to damage and civil liability. There are three main groups that are more closely related to artificial intelligence: the creator, who provides the basis for its emergence by designing and building artificial intelligence; the owner of artificial intelligence, who in fact owns the works created by the creator, and all topics and materials, if they are to be made available to people, must be with the permission of the owner; and the other group is the user of artificial intelligence. Each of the three groups above has the possibility of causing damage to others as a result of their actions. It should be noted that, just like in the physical and real space, in the space related to artificial intelligence, if any of the above-mentioned groups causes damage, if the conditions for civil liability are met, they are obliged to compensate for the damage. However, in the case of artificial intelligence, in addition to the difference in the type of damage caused, it is more difficult to find the person who caused the damage and determine the amount of liability in many cases than in the real space, but this factor is not a reason for the damage not to be compensated. Matching the liability of the creator of artificial intelligence with traditional forms of civil liability can be done by fulfilling its elements, including the occurrence of damage and the causal relationship, and the distinction between contractual liability and compulsory liability can distinguish people who have the possibility of claiming damages from the creator of artificial intelligence. This article attempts to take a step towards ensuring that the damage does not remain uncompensated in the space related to artificial intelligence by examining the principles and conditions of the civil liability of the creator of artificial intelligence and to examine in detail the legal issues related to the civil liability of the creator of artificial intelligence. Because harm to individuals causes a loss in their property and assets and should not be left without compensation, and holding a party responsible for a loss that cannot be compensated ignores this important issue.

Keywords: Artificial intelligence - Civil liability - Creator of artificial intelligence - Artificial intelligence algorithm
Keywords
Artificial intelligence
Civil liability
Creator of artificial intelligence
Artificial intelligence algorithm
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