نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشکده حقوق دانشگاه آزاد کرج
2 کانون وکلا استان البرز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The increasing advancement of artificial intelligence technologies, especially autonomous systems, has transformed traditional concepts of civil liability and raised fundamental questions about the attribution of fault in the absence of human will. Granting “electronic legal personality” to artificial intelligence is incompatible with the human-centered foundations of Imamiyyah jurisprudence and Iranian law.
The present study, using a descriptive-analytical method, after criticizing and rejecting the possibility of granting independent legal personality to artificial intelligence, proposes the indigenous model of “solidarity absolute liability” between the producer and the user, along with mandatory insurance and a common risk fund, as a realistic solution that is fully compatible with the rules of guarantee, attribution, and harmlessness. Artificial intelligence lacks the necessary intention, distinction, and capacity for legal personality;Therefore, liability should be attributed to the producer and operator based on the enjoyment of benefits and control over the source of risk. This model, while ensuring effective protection for the victims and eliminating the gap in smart contracts , strengthens legal trust in new technologies without the need for electronic personality. Thus, the present proposal is a practical step towards legislating artificial intelligence and maintaining a balance between technological development and the sustainable foundations of Imami jurisprudence.
کلیدواژهها [English]
