THE RISK IN CIVIL LAW IN THE ERA OF ARTIFICIAL INTELLIGENCE
THE RISK IN CIVIL LAW IN THE ERA OF ARTIFICIAL INTELLIGENCE

Summary/Abstract: Modern society is undergoing transformations in many fields due to the emergence of artificial intelligence (AI), and the legal domain is no exception, particularly in the area of civil law. The autonomy of technology tends to affect the legal regimes that govern liability and risk. This study emphasizes the existing legislative vacuum and the imminent uncertainty brought about by technological developments. The rapid evolution of technology and the rise of artificial intelligence (AI) require a reassessment of the concept of risk in civil law. In legal doctrine, risk is defined as an external, random factor that can destabilize legal relationships, causing harm or, conversely, unjustified benefits. The autonomous nature of AI systems complicates the application of traditional civil liability regimes, especially fault-based liability, and necessitates a transition toward strict (objective) liability. However, the Romanian Civil Code does not offer explicit regulation regarding AI, and the concept of "legal guardian" is difficult to apply to autonomous technologies that exercise decision-making powers independently. Therefore, there is a need to regulate the concept of "technological risk" and to adapt the civil liability regime to avoid legislative gaps and ensure effective protection for individuals harmed by decisions made by autonomous AI systems.

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