A Comparative Study of the Civil Liability of Owners of Autonomous Vehicles in Relation to Traditional Civil Law

Abstract

With the advent of autonomous vehicles, legal systems have encountered new challenges regarding civil liability. This article conducts a comparative analysis of the civil liability of owners of such vehicles in relation to traditional civil law. The primary objective of this research is to identify the strengths and weaknesses of existing approaches and to propose legal adaptations to align with this emerging technology. The study examines the theoretical foundations and governing principles of civil liability in Iranian and French law, analyzing the challenges posed by autonomous vehicles in areas such as proving fault, establishing causation, manufacturer liability, and insurance. The research methodology is descriptive-analytical and comparative. The findings indicate that traditional civil law, which is based on the concept of fault, is insufficient to address the complex issues arising from the operation of autonomous vehicles. Therefore, it is recommended that legal systems adopt novel approaches, such as risk-based liability or a hybrid model combining fault and risk, to regulate legal relationships in this domain. Furthermore, the study emphasizes the need to develop specific legal frameworks for autonomous vehicles, considering concerns related to privacy, cybersecurity, and insurance.