Răspunderea civilă delictuală pentru prejudiciile cauzate de inteligența artificială – o poveste de Isaac Asimov sau noua realitate în era digitală?
Tort Liability of Artificial Intelligence – An Isaac Asimov`s Story or the New Reality in the Digital Era?
Author(s): Elena-Cristina Enoiu, Georgiana-Monica Mardale, Ioana LavricSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: artificial intelligence; tort liability; rebuttable legal presumption; jurisdiction; fundamental rights;
Summary/Abstract: The advent of artificial intelligence has witnessed a significant advancement in the field of technology. AI programs have demonstrated the capacity to autonomously execute tasks and commands, thereby supplanting human involvement in numerous domains. Despite the growing prevalence of artificial intelligence (AI) in both the private and public sectors, the potential negative consequences of this technological advancement have not been fully addressed. In this newly created context, a legal conundrum has arisen with regard to the question of tort liability in cases where the perpetrators are not humans, but rather robots or algorithms. This paper aims to analyse the complex interplay between technological innovation through artificial intelligence and tort liability. In doing so, it will examine the following questions in the light of the European Union legislative package: who should be held liable for damages (1); what is the causal link between the unlawful act and the harm caused by AI (2); how the jurisdiction of the courts in such litigation should be established (3); and the direct impact of the harm on fundamental rights (4).
Journal: Revista Themis
- Issue Year: 2024
- Issue No: 01-02
- Page Range: 133-157
- Page Count: 25
- Language: Romanian
- Content File-PDF