Issues of civil liability arising from the actions of banking artificial intelligence (A comparative analytical study)

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The research dealt with the issue of civil liability problems due to errors in banking artificial intelligence applications, so far there is ambiguity in determining whether it is possible to grant virtual legal personality to artificial intelligence systems, although artificial intelligence systems in the eyes of the UAE legislator are a machine, no matter how intelligent it is, but it is a machine that simulates human intelligence to the extent that the traditional rules of civil responsibility have become unfair and unrealistic for the parties to this intelligence. Although the European legislator in the European directive dated 9/5/2023 or the so-called future law on artificial intelligence has granted artificial intelligence systems a higher future status than a rigid machine, but it did not explicitly provide for the recognition of their virtual personality, and perhaps what the future holds for us, which is not far away, in the field of responsibility for artificial intelligence systems, including banking, of legal rules commensurate with the status in which it is and thus holding it responsible. We found that the possibility of attributing civil liability to AI banking entities for the mistakes they commit is applicable in only one case, which is the case that banking AI is the tool that causes harm, and that the idea of enforcing the civil liability rules of AI banking itself is a distant idea at the moment as long as AI entities lack legal personality as they are unaware and unable to make decisions without the role of human programming.

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