نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشجوی دکتری فقه و حقوق خصوصی ، دانشگاه و مدرسه عالی شهید مطهری (ره) ، تهران ،ایران
2 دانشیار گروه فقه و حقوق اسلامی پردیس خواهران دانشگاه امام صادق علیهالسلام،تهران،ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The main objective of the research is to explain and design a comprehensive framework for the civil liability of AI-based matchmaking platforms against damages caused by algorithmic errors and biases. The present study, with a descriptive-analytical approach, examines the principles of liability in Imami jurisprudence, focusing on rules such as guarantee, attribution, pride, and waste, as well as in Iranian law, and then, through comparative analysis, compares new approaches in the legal systems of the European Union and the United States. The research findings show that although there is a clear legal vacuum in the Iranian legal system regarding liability arising from the performance of these platforms, by relying on jurisprudential rules and accepted legal principles, a solid basis can be provided for proving civil liability. The comparative study also indicates that the risk-based and protection-oriented approach of the European Union, due to its alignment with the principles of justice in Iranian jurisprudence and law, is more adaptable to the legal needs of Iranian society. The conclusion of the research is based on the fact that the responsibility of the operators of these platforms can be considered both fault-based and strict liability in nature. Therefore, the intervention of the legislator and the development of clear and binding regulations to guarantee the rights of users and prevent possible abuses is an inevitable necessity.
کلیدواژهها [English]
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