The problem of determining the legal nature of artificial intelligence systems within the framework of civil liability

Authors

  • Raya Abunassar Researcher, Ministry of Justice, Jordan.

DOI:

https://doi.org/10.59759/law.v4i3.1054

Keywords:

Artificial Intelligence, Civil Liability, Legal Personality.

Abstract

This study clarifies the definition of artificial intelligence systems and its characteristics that bring them closer to the legal person, this study also discussed the conditions for acquiring legal personality,and whether it is possible to impart it to artificial intelligence systems and thus determine the party responsible for the actions of these systems and the damages resulting from their use, how to prove it, and whether this responsibility can be assigned to these systems.

This study found that the actual problem of responsibility for the acts of artificial intelligence lies in the proof ,whether to prove that the defect was in the product when manufacturing within the framework of responsibility for the defective product, or to prove the causal relationship between the damage and the act of those in charge of the system within the framework of tort liability in and as a result, this study recommended recognizing the responsibility of artificial intelligence systems, especially in cases where it is difficult to prove the causal relationship and the inability to deny it by those in charge, These systems assign this responsibility to one of two things :the recognition of the legal personality of these systems,or the presumption of causation, as stated in the European Commission directive issued to the Parliament under the name (Artificial Intelligence Responsibility Directive) issued in 2022.

Key words : artificial intelligence , civil liability ,legal personality

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References

Asaoka, Ryo & Murata, Hiroshi. "Prediction of visual field progressing in glaucoma: existing methods and artificial intelligence". Japanese Journal of Ophthalmology, (2023).

Bathaee, Yavar.. "The artificial intelligence blackbox and the failure of intent and causation". Harvard Journal of Law & Technology, (2018) .

Bendell, Rhyes & Williams, Jessica & Fiore, Stephen M. & Jentsch, Florian.. "Individual and team profiling to support theory of mind in artificial social intelligence". Scientific Reports, (2024) .

Doomen, Jasper. "The artificial intelligence entity as a legal person". Information & Communications Technology Law, (2022).

Kostenko, Oleksandr & Bieliakov, Konstantin & Tykhimyrov, Oleksandr & Aristova, Irina.. "Legal personality of artificial intelligence: methodological problems of scientific reasoning by Ukrainian and EU experts". AI & Society, (2024).

McCarthy, John. "What is Artificial Intelligence". Stanford University Computer Science Department, (2007).

Negru, Teodor. "Intentionality and background: Searle and Dreyfus against classical AI theory". Filosofia Unisinos, (2013).

Nemeiksis, Giedrius. "Artificial intelligence as legal entity in the civil liability context". Acta Prosperitatis, (2021).

Novellia, Claudio & Bongiovannia, Giorgio & Sartora, Giovanni. "A conceptual framework for legal personality and its application to AI". Jurisprudence, (2022).

10.Proposal for a directive of the European Parliament and of the Council on adapting non-contractual civil liability rules to artificial intelligence (AI liability directive). Retrieved from www.eur-lex.europa.eu.

11.Rodriguez, Teresa & Ballel, Heras "The revision of the product liability directive: a key piece in the artificial intelligence liability puzzle". ERA Forum, (2023).

Scherer, U., Matthew. "Regulating artificial intelligence systems: risks, challenges, competencies, and strategies". Harvard Journal of Law and Technology, (2016).

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Published

2025-09-30

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Section

Articles