Civil Liability of Autonomous Artificial Intelligence in Iranian Law: Jurisprudential-Legal Analysis and Presentation of a Native Model of Absolute Liability"

Document Type : Research Article

Authors

1 Islamic Azad University of Karaj, Karaj, Iran

2 Alborz Province Lawyers Center, Karaj, Iran

Abstract

The rapid advancement of artificial intelligence (AI), particularly autonomous systems, challenges traditional concepts of civil liability, specifically regarding fault attribution in the absence of human agency. This study argues that granting ‘electronic legal personality’ to AI is incompatible with the human-centered foundations of Imami jurisprudence and Iranian law. Using a descriptive-analytical method, this research rejects the notion of AI’s independent legal personality. Instead, it proposes an indigenous model of ‘solidarity absolute liability’ shared between producers and users, complemented by mandatory insurance and a common risk fund. This approach aligns with the principles of guarantee, attribution, and harmlessness. Since AI lacks the necessary intention and legal capacity, liability must be channeled toward those who benefit from and control these systems. This model ensures victim protection, addresses smart contract complexities, and fosters legal trust in emerging technologies while maintaining consistency with the sustainable foundations of Imami jurisprudence.

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References

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Private Law
Volume 22, Issue 2
Autumn & Winter
October 2025
Pages 291-303

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