The Transformations and Evolutions Enhancing the Civil Liability: A Comparative Study
摘要
In the realm of legal jurisprudence, it is evident that civil liability is facing a crisis in keeping up with the rapid advancements in technology and technical developments, particularly in the industrial world. The inability of this liability to provide legal solutions for compensating emerging risks is undeniable. This raises the question of how civil liability has transformed and developed in response to these changes. The purpose of this study is to shed light on the various stages of evolution in civil liability, with a particular focus on the introduction of the concept of fault as the basis for liability. In an era characterized by swift advancements and the industrial revolution, the traditional notion of fault is no longer sufficient for the injured party to seek compensation. A significant leap was made by narrowing the role of fault through the utilization of the concept of presumed fault. This enables the injured party to receive compensation from the responsible party without having to prove personal fault. However, this adjustment did not fully meet the demands and urgent need to align civil liability with scientific, technological, and technical progress, especially in relation to machinery. With the diminishing significance of fault in traditional liability, the concept of objective liability has risen to prominence. This concept finds substantial application in insurance laws pertaining to accidents of different kinds, as well as damages resulting from nuclear and radiation activities, environmental pollution, and the adverse effects caused by the use of artificial intelligence.