The evolution of new technologies, especially artificial intelligence, has presented traditional legal structures with serious challenges. In many new applications, decision-making is entrusted to smart technologies, without human will having an effective intervention in the final process. This evolution has presented liability for potential damages resulting from artificial intelligence decisions with ambiguities in attributing the harmful act to the human agent. In Iranian private law, civil liability is based on the pillars of fault, loss, and causality. With the entry of artificial intelligence into decision-making areas, this fundamental question arises: who is liable in the event of damage? Are traditional rules sufficient or is the development of new institutions and mechanisms necessary? This research, relying on the theoretical foundations of civil liability law and examining the capacities of Iranian law, seeks to analyze the challenges ahead and provide corrective and explanatory solutions to adapt the legal system to the realities of smart technologies.
The approach of this research is descriptive-analytical and attempts to provide a solution to confront the phenomenon of liability arising from decisions of artificial intelligence within the framework of Iranian private law by focusing on explaining the theoretical concepts and foundations, analyzing the elements of responsibility realization, and criticizing the existing structures.
The research method is library and based on the analysis of documentary sources. Domestic laws, legal opinions, jurisprudential sources, and comparative comparison with other legal systems were used to analyze the subject and an attempt was made to provide scientific and practical answers based on jurisprudential and legal foundations.