CIVIL RESPONSIBILITY FOR DAMAGE RESULTED FROM THE USE OF ARTIFICIAL INTELLIGENCE DEVICES ACCORDING TO JORDANIAN CIVIL LAW A COMPARATIVE STUDY

Abstract

Aim: The current study aims to explain the legal base of artificial intelligence and is it one of the material things that needs a special care, explain Jordanian legislator’s position on artificial intelligence, study the possibility of applying the traditional civil responsibility provisions in Jordanian civil legislation on damages resulted from the use of artificial intelligence devices and  reach legal solutions to fill the gap of escape from responsibility due to the difficulty of proving the damages of artificial intelligence through objective responsibility.

Implications: The study dealt with defining artificial intelligence systems and their characteristics as they are material  things and can be learnt, and they work by algorithms and others, then the provisions of civil responsibility for damages resulted from the use of artificial intelligence devices and they depend on objective responsibility,  as it is legal based is the assumed error, and what Jordanian legislator has adopted as he made damage (harmful action) is the major pillar in the civil responsibility as the Article (256) stated on, and application of the Article (291) of Jordanian Civil Law as artificial intelligence devices require special care and their owner  is considered a keeper since he owns the actual authority on them, and he directs them  even if the user is one of the employees who is under his commands because they generate a financial return for him.

Method: The researcher adopted the descriptive and analytical method to describe legal texts organizing the provisions of civil responsibility in the Jordanian Civil Law and the extent of providing legal protection to applications of artificial intelligence.

Results: The study reached a set of results, the most important of which  are: artificial intelligence devices can be defined as they are serious material things that need special care with special nature that perform acts and tasks similar to human intelligence and abilities,  legal jurisprudence disagreed about granting artificial intelligence a legal personality, and the most correct opinion is granting super smart applications a restricted legal personality gives them a set of benefits and rights and Jordanian government direction to issue National Code of Ethics for artificial intelligence is considered a first step in legal organization aspect of artificial intelligence in Jordan.