| Abstract [eng] |
The application of artificial intelligence systems permeates almost all areas of life. Autonomous and machine-learning-based technologies are increasingly being used in products and services that meet everyday needs. However, the development of these technologies poses challenges to the existing legal framework in the European Union. The main issue addressed in this paper is whether the strict civil liability regime for damage caused by defective products fairly and effectively distributes the risks between the consumer and the manufacturer when the product is associated with artificial intelligence systems. The first part of the paper briefly presents Directive 85/374 and analyses its objectives. It identifies challenges that the key provisions of Directive 85/374 will confront in the face of new technologies. Efforts to modernize Directive 85/374 and other initiatives to regulate artificial intelligence are outlined. The second part is devoted to the analysis of the formation and legal relations of the strict civil liability regime of producers. Further, based on different fields of science, the problem of defining artificial intelligence is revealed. Its most widely accepted perception, subset, and mode of actions are examined. Different initiatives for the regulation of artificial intelligence systems are assessed and those responsible for damage caused by the technology are identified. The third part examines the conditions of civil liability for damage caused by artificial intelligence of poor quality. In view of the challenges posed by the outdated concepts in Directive 85/374, the conditions and their proof should be modified to ensure a harmonious balance between consumers and those responsible for artificial intelligence systems. Finally, one of the key conditions for the exemption of manufacturers from civil liability in the face of technologies based on innovation and unpredictability is analysed. |
