Principles and Legal Basis of Civil Liability in Autonomous Transport Contracts: A Comparative Study of Iraqi and Iranian Law

Abstract

With the rapid and significant evolution of artificial intelligence (AI) and autonomous driving technologies, it has become essential to develop a legal framework to regulate them. Autonomous transport holds great importance in this era of technological advancement and AI, driving innovation in the automotive industry and encouraging investment in AI-powered vehicles. Autonomous vehicles offer remarkable features, such as the ability to communicate with one another via sensors and programming designed to ensure compliance with traffic laws and regulations. Iran has also embraced this rapid development; in 2008, specialists at the Persian Gulf Knowledge-Based Industry and Smart Technology Company—located within the Science, Technology, and Smart Industry Park—began researching autonomous vehicles. The project was officially developed in 2012 and implemented in 2014. Iranian law—specifically Article 8 of the legislation governing autonomous vehicles—defines them as "automated vehicles utilizing artificial intelligence, sensors, and GPS to navigate without human intervention." Autonomous vehicles encompass various types, including cars, ships, and other vessels. Regarding civil liability, it is categorized into contractual and tortious liability. Contractual liability arises from the terms agreed upon by the parties in a contract; it differs from tortious liability in that it requires the parties to possess full legal capacity (adulthood) at the time of contract formation, whereas tortious liability requires only the capacity for discernment. Contractual liability in this context extends to the lessee of the autonomous vehicle. Furthermore, Article 767 of the Civil Transactions Law stipulates that the lessor is obligated to repair any defects arising in the leased asset; should they fail to do so, the other party is entitled to... Regarding the termination of a contract, the issue differs from tort liability involving a self-driving vehicle. If a vehicle owner is involved in a traffic accident resulting in material damage or bodily injury, Article 282 of the Civil Transactions Law applies (stating that any harm caused to another obligates the perpetrator to make amends, even if they lack legal capacity). In the context of tort liability for self-driving vehicles leading to bodily harm, Iranian law—specifically Article 714 of the Penal Code—addresses negligence, violation of government regulations, or driver incompetence resulting in involuntary manslaughter; the perpetrator faces a penalty ranging from six months to three years in prison. Self-driving cars require assistance from their users, who must maintain control over the vehicle. To determine civil liability regarding users of self-driving technology, one must examine two aspects: bodily injury and penal liability. If a driver of a Level 3 autonomous vehicle encounters a situation requiring their intervention but refuses to act, resulting in injury, Article 295 of the Iranian Islamic Penal Code applies: if a person fails to perform a duty mandated by law and a crime occurs as a result—provided they had the capacity to act but did not—the crime is attributed to them. Similarly, Article 505 of the Islamic Penal Code stipulates that anyone causing an accident (such as a vehicle rollover or collision) resulting in injury or loss of life to a passenger bears liability (the driver is the guarantor, and the user is liable for the injuries). Furthermore, Article 492 of the same code states that the crime is subject to *Qisas* (retribution) or *Diya* (blood money), whether committed intentionally or through complicity where the cause is known. This prompts an inquiry into the legal dimensions of civil liability under Iraqi and Iranian law regarding this issue: do existing provisions suffice, or is further action required? ...to legislative intervention to keep pace with this development. This is what we will demonstrate in this section.