WEST VERSUS EAST: ON THE REFLECTION REGARDING LEGISLATIVE VACUUM AND BEING OR DASEIN-ARTIFICIAL INTELLIGENCE (MACHINE LEARNING, BIG DATA REGULATIONS) IN THE APPLICABLE LEGAL FRAMEWORK OF TORT
WEST VERSUS EAST: ON THE REFLECTION REGARDING LEGISLATIVE VACUUM AND BEING OR DASEIN-ARTIFICIAL INTELLIGENCE (MACHINE LEARNING, BIG DATA REGULATIONS) IN THE APPLICABLE LEGAL FRAMEWORK OF TORT

Summary/Abstract: Through this scientific work; I have treated the concept of civil liability starting from the Romanian Civil Code and the doctrine of relevant specialists in the field of the General Theory of Obligations; corroborated with the legal acts regarding Artificial Intelligence in the European and Japanese space. First of all; I aimed to highlight the way in which Artificial Intelligence is regulated in documents; legislation; doctrine and jurisprudence; including: The A.I. Act; Artificial Intelligence and Civil Liability; The Proposal for the A.I. Liability Directive as well as a revision of the Product Liability Directive; and Rules on the legal liability of A.I.; companies in the European Union that are in line with the Law on the Regulation of Artificial Intelligence. Moreover; I have analyzed in my paperwork articles from Romanian Civil Code and Japanese Civil Code; regarding civil liability. Secoundly; I have studied the doctrine regarding the works of the authors: Petruța Ispas and Corneliu Bîrsan-General theory of obligations; as well as the author Gabriel Boroi; chapter Ogligations. I was also interested in approaching the work from both a legal and philosophical perspective; because when we discuss about A.I implications we cannot deny the philosophical factor involved in the present debate. Discussions regarding identity; civil liability; the conditions for engaging civil liability; similarities and differences between civil liability and contractual liability; all these aspects must also be viewed under the circumstances of language theory of Jacques Derrida and Martin Heidegger; of the importance of its intellectual understanding and gnosiology.

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