Hasil untuk "Civil law"

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CrossRef Open Access 2026
Rethinking Producer Liability in Autonomous Vehicle Accidents: Civil Law Causation Theories in Indonesia and Kuwait

Rama Novtian Ardi, Hamad Al-Fahad

Introduction: Regulations regarding autonomous vehicles have not yet been comprehensively regulated in various countries, particularly Indonesia and Kuwait.Purposes of the Research: Analyzing manufacturer liability in autonomous vehicle accidents in relation to civil law causality theory in Indonesia and Kuwait.Methods of the Research: Normative legal research with conceptual, comparative and legislative approaches.Results / Main Findings / Novelty/Originality of the Research: This study shows that the absence of explicit regulations regarding autonomous vehicles in the Traffic and Road Traffic Law creates uncertainty and potential injustice in determining the responsible subject and the applicable liability regime in the event of an accident, because the normative construction that still centers on the figure of the human driver is no longer adequate to respond to the complexity of decision-making by artificial intelligence systems. On the other hand, a comparative analysis of Indonesia and Kuwait shows that the causal relationship between the actions or negligence of manufacturers and the losses of victims of autonomous vehicle accidents has not been constructed in traffic law, but has been allowed to shift to the realm of general civil law and the product defect regime, so that the theory of civil law causality functions outside the framework of traffic law to assess whether the design, production, or failure of warnings by manufacturers is a sufficient cause of the victim's losses. Thus, this study emphasizes the urgency of adjusting, reinterpreting, and establishing specific regulations regarding autonomous vehicles that explicitly regulate manufacturer responsibility and clarify the construction of causality, so that legal protection, certainty of the rights and obligations of the parties, are guaranteed as autonomous vehicle technology develops.

CrossRef 2022
Common Law and Civil Law Perspectives on Tort Law

Mauro Bussani, Anthony Sebok, Marta Infantino

Abstract The book provides scholars, lawyers, and law students with a comparative overview of the law of civil liability for injuries arising outside of contract in five major legal systems in the common law and civil law traditions: England, the United States, France, Germany, and Italy. The book analyzes a number of foundational issues that lie at the core of tort law in all the jurisdictions surveyed, and takes them as points of comparison for appreciating commonalities and differences between the common law and the civil law traditions, as well as within each of these traditions. The analysis covers the structure and context of tort law architectures, the role of negligence and the continuum between fault and strict liability, rules on recovery for personal injuries, non-economic losses and for pure economic losses, tests and approaches to causation, medical, and products liability regimes. As such, the book offers an updated and enriched framework for understanding the rules, theories, styles of reasoning, and cultures of tort law across the Atlantic.

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