Compensation Funds for Damages Caused by Artificial Intelligence - Legal Approach: between E-Personhood and Financial Solidarity

Abstract

This paper explores how civil law adapts to the challenges posed by the “black box” nature of artificial intelligence systems, addressing the inherent uncertainties of liability when automated decisions cause harm. The research focuses on the expansion of strict liability through the revision of Directive 85/374/EEC and Proposal COM(2022) 496, which introduce presumptions of causation and transparency obligations for AI operators, without abandoning the legal mechanism of fault-based liability. In contrast, the theoretical concept of the “electronic person” risks, in a potential future scenario, easing the burden of human accountability, while financial solidarity schemes—such as mandatory insurance and compensation funds—could offer concrete protection to injured parties without discouraging innovation. In the Romanian context, the explicit support expressed through Senate Decision No. 166/2022 and the establishment of the Romanian Committee for Artificial Intelligence underscore the need for a hybrid framework that combines procedural adaptations with collective financial instruments to ensure full compensation for damages and a balance between public safety and innovation.