Artificial Intelligence, Civil Liability, and Iranian Private Law: A Comparative Legal Framework for the Algorithmic Age

Artificial Intelligence (AI) is reshaping global socio-economic structures, yet its inherent autonomy and opacity challenge the foundational assumptions of traditional tort law. This article provides a doctrinal and comparative analysis of civil liability for AI-induced harms, with a specific focus on the adaptive capacity of Iranian private law. It argues that while the Iranian Civil Code and the Civil Liability Act of ۱۹۶۰ do not explicitly address autonomous systems, the synergy between Islamic jurisprudential principles (namely Itlaf, Tasbib, and the La Darar maxim) and modern risk-regulation theories offers a robust normative baseline. Through a critical examination of the EU's risk-based regulatory model (AI Act as amended by the ۲۰۲۶ Digital Omnibus, and the revised Product Liability Directive) and the US common-law evolutionary approach, this study identifies a structural liability gap in Iranian law. To bridge this gap, the article proposes a pioneering multi-tiered legislative framework that integrates algorithmic transparency obligations, rebuttable presumptions of causation, mandatory insurance for high-risk AI, and specific rules for cross-border AI disputes. This framework not only ensures victim compensation but also fosters technological innovation by providing legal predictability. The findings contribute to comparative private law scholarship by demonstrating how Islamic legal maxims can be operationalized to govern emerging technologies without abandoning doctrinal heritage.

کلیدواژه ها:

Artificial Intelligence ، Civil Liability ، Iranian Private Law ، Comparative Tort Law ، Autonomous Systems ، Islamic Jurisprudence ، Algorithmic Accountability ، Risk Regulation