التأصيل القانوني للمسئولية المدنية للآلات الذكية

Abstract EN

Most countries in the world are witnessing rapid and astonishing progress in The field of intelligent machines or programmed according to artificial intelligence, and this development raises an important question about the extent to which the traditional rules of civil liability are comprehensible and appropriate to compensate for the damages that these machines will generate in the future.

The affected person, under the traditional rules of civil liability, depends on the rooting of these machines as something that requires special care to prevent damage from them, and the application of the rules of the guardian of things to the civil liability resulting from the errors of smart machines.

The study concluded that the application of the rules of traditional civil liability - the supposed error - when adapting these machines as something, and that their owner is a guardian of things, can if there is actual control of the natural person, and this case exists for traditional machines that do not have the ability to take decisions, as well as for smart machines if they are not working.

But these rules cannot be applied to smart machines, which no one has full effective control over, because they have capabilities that are comparable to humans, in terms of interaction and learning, so how can they be viewed as a traditional thing?
Therefore, the European legislator created the theory of the human representative responsible for compensating the damages caused by these machines, and granting those machines programmed according to artificial intelligence technology a special legal status.

The study also concluded that these smart machines must be given a special digital legal personality, within the framework of a set of specific controls so that each smart machine has an electronic personal that carries a digital sequence, including the identification number, and the black box that includes all information related to it, as well as a mandatory insurance system to cover the damage It may be caused by these machines.