Civil Liability Arising from the Use of Artificial Intelligence Systems: An Analytical–Comparative Study in Light of the Provisions of the Iraqi Civil Code and Iranian Civil Law

Abstract

This study examines civil liability arising from the use of artificial intelligence systems through an analytical–comparative approach focused on Iraqi civil law and Iranian civil law. The rapid expansion of artificial intelligence in medical, commercial, judicial, administrative, educational, and financial fields has created new forms of harm that challenge traditional doctrines of civil liability. Unlike conventional tools, AI systems may operate with autonomy, opacity, adaptive learning, and distributed technical control, making it difficult to determine fault, prove causation, and identify the legally responsible party. The study analyzes the extent to which existing Iraqi and Iranian civil liability rules can address damages caused by AI systems, particularly where harm results from algorithmic decision-making, defective data, insufficient human supervision, or unpredictable system behavior. The findings indicate that both legal systems possess flexible foundations, including fault-based liability, compensation for harmful acts, causation principles, and responsibility for damage, but these rules are not fully adequate for high-risk AI applications. The study argues that AI should not be granted independent legal personality, because such recognition may obscure the responsibility of developers, operators, owners, users, manufacturers, data providers, and institutions benefiting from AI deployment. Instead, liability should be allocated among human and legal persons connected to the design, production, deployment, supervision, and use of AI systems. The article proposes a hybrid liability model that preserves fault-based liability for ordinary AI applications, applies presumed fault where technical opacity prevents effective proof, and adopts strict liability for high-risk AI systems affecting life, health, property, privacy, or fundamental rights. It further recommends mandatory insurance, technical documentation, algorithmic auditability, human oversight, and specialized evidentiary rules. The study concludes that Iraqi and Iranian civil law require legislative modernization to ensure effective victim compensation, legal certainty, and responsible technological innovation.