Reconstructing the Theory of Error in Civil Liability Towards a Flexible Normative Approach in Libyan Civil Law in the Light of Digital Transformations and Comparative Jurisprudence

Abstract

This research aims to reconstruct the traditional theory of civil liability in light of the profound transformations imposed by digital environments and artificial intelligence systems, through a comparative critical analysis that combines Libyan civil law, comparative jurisprudence, and modern legislative trends. The research proceeds from a central problem of the adequacy of the traditional fault theory in explaining the forms of liability arising from systems with a complex algorithmic nature characterized by multi-actor and dispersed legal attribution.

The research adopted a comparative analytical method, by studying the legal texts in the Libyan civil law, and comparing them with developments in French and European jurisprudence, in addition to analyzing jurisprudential contributions in the field of risk liability and artificial intelligence. The research also employed the synthetic approach in an attempt to build a new theoretical model of civil liability based on the integration of fault-based liability, control-based liability, and risk-based liability.

The research concluded that digital transformation has led to a reshaping of the concepts of error, causation, and legal attribution, so that civil liability can no longer be confined to the traditional framework, but has become a complex system aimed at achieving distributive justice for risks.  The Libyan Civil Code has also been shown to have interpretive flexibility that allows these developments to be accommodated without the need for a radical legislative amendment.

The research recommended the need to develop the legislative and judicial framework for civil liability in line with the nature of smart systems, adopt complex liability models, and enhance the role of Islamic jurisprudence as a rooted source supporting modern theories of liability.