The Legal & Judicial Journal
The Minister’s Message emphasizes the distinguished role of the Legal and Judicial Journal in advancing legal and judicial scholarship in the State of Qatar. It highlights the journal’s continued contribution to legal development and its alignment with the legislative renaissance witnessed under the wise leadership of His Highness the Amir of Qatar.
The message stresses that Qatar’s legislative policies are directed toward achieving the goals of the permanent constitution, including strengthening the rule of law, organizing state institutions, protecting family and societal foundations, and balancing individual rights with public interest.
The Minister also acknowledges the importance of the journal’s new issue, which includes diverse legal studies, judicial rulings, legal commentary, and legal opinions, particularly in emerging areas such as artificial intelligence.
Finally, appreciation is expressed to the editorial board, contributors, and readers, with a call for continued excellence and development in legal publishing.
Editorial Note of the Legal and Judicial Journal.
The issue presents diverse legal studies, judicial rulings, legal commentary, and legal opinions addressing contemporary legal developments, particularly in artificial intelligence, civil liability, criminal liability, and legislative developments in Qatar.
This research aimed to know the adequacy of the rules of civil tort liability in changing the damage resulting from the use of artificial intelligence systems, in order to find out the legal texts and procedures regulating tort liability for artificial intelligence technologies, whether the producer, programmer, or user.
It is also interested in the adequacy of the legislative texts in civil law. Qatari No. (22) of 2004, which regulated the issue of tort liability, and its application to liability for harmful action (wrong), and thus arriving at a conclusion related to the effectiveness of these legislations in compensating for damages resulting from artificial intelligence applications, and their clarity and lack of ambiguity in their texts.
Otherwise, the practical application is exposed to obstacles and difficulties that result in problems in determining the legal nature of the personality of artificial intelligence technologies.
To achieve the objectives of the research, the researcher relied on the descriptive, analytical, comparative, and inductive approach.
The research reached several results, the most important of which are: that artificial intelligence methods and technologies are inanimate objects; therefore compensation includes material damage, moral and physical damage, and this is confirmed by Article (215) of the Qatari Civil Code.
Jurisprudence clarified that adapting the idea of guarding to suit artificial intelligence requires distinguishing between guarding material property and moral property, and distinguishing between artificial intelligence and its support. The body carrying artificial intelligence accepts the idea of guarding, like other machines and inanimate objects. Therefore, it is possible to resort to the theory of objectified liability to compensate for damages resulting from any harm originating from robots.
The increase in the economic value of movables, both tangible and intangible, and their significant role in advancing the economic cycle in the country, was the main reason behind the issuance of Law No. 16 of 2021 regarding the pledge of movable properties, despite the existence of provisions regulating the pledge of movables in the civil and commercial law. However, the said law came in line with the developments taking place in the field of movable properties, so it was necessary to adopt new legal provisions consistent with these developments regarding movables of both material and immaterial nature. Thus, this research aims to analyze the new legal rules and compare them with other systems through an in-depth analytical study that will help to understand the purpose of this new law. Since the provisions of this law are comprehensive, this research is limited to studying the most important new directions that related to the subject of pledge.
This study addresses a new topic regarding the importance of developing an integrated legal framework for accidents resulting from vehicles with driving authorization. We divided this study into an introductory chapter and two main sections.
In the preliminary chapter, the light sheds on the concept of vehicles with driving authorization, and the advantages of their use and potential risks explained, which indicates the importance of legal frame of these vehicles at the international and internal levels. This is what we discussed in the first and second sections. In the first section the most important relevant international agreements are highlighted, up to the European Convention on Artificial Intelligence, explaining its preliminary provisions and the provisions of levels of risks contained therein.
The second section, deals with the internal legal regulation of accidents resulting from vehicles with a driving authorization, by highlighting the administrative preventive measures for licensing vehicles with a driving authorization, emphasizing the importance of the driver’s presence to control driving when necessary, by reviewing some examples of Western legislation such as Germany, France, Italy, and the United Kingdom, with some Arab countries, such as Qatar, Emirates, and Saudi Arabia.
This research mainly aimed to highlight the scope of the criminal response to accidents resulting from vehicles with driving authorization, by distinguishing between the crime committed within an innovative context where the vehicle is dynamically controlled by the system or the driver; And the establishment of traditional and modern criminal liability, in terms of the adequacy of traditional provisions and the preservation of the elements that constitute the crime in traffic violations, where responsibility is assumed for both the driver and the manufacturer, in contrast to criminal liability for crimes of murder and non-intentional injury, If it is sufficient to prove the driver’s direct, simple error to establish his criminal liability in application of the general provisions, the situation is different with regard to the manufacturer’s indirect liability, which indicates the importance of legislative intervention to hold him accountable for grave errors, by amending the provisions of both the Penal Code and the Traffic Law, in addition to the importance of the provisions Regulatory measures for the black box in these vehicles, given its importance as a mean of proof.
تمثل الصورة وسيلة تعبير باستطاعتها ترسيخ المعلومة؛ فضلا عن قدرتها على إقناع الجمهور بمضمونها الإشهاري، غير أن صورة الفرد تعتبر من البيانات الخاصة، فلا يقع نشرها للعموم إلا بموافقة صاحبها؛ لأن في نشرها دون إذنه اعتداء على الخصوصية يستوجب التعويض، وهو موضوع حكم محكمة التمييز بالطعن رقم 156 لسنة 2017.
ويتعلق هذا الحكم بإعادة نشر صورة لبنت قاصر دون إذن، وقد تم الحصول على صورتها من أحد مواقع الإنترنت مصحوبة بعبارة يفهم منها أنها إحدى الصغيرات دون مأوى أو عائلة.
وتمثل المشكل القانوني المطروح على المحكمة؛ هل إعادة نشر صورة دون موافقة مسبقة من صاحبها، ورغم سبق إتاحتها على الإنترنت يمثل اعتداء على صورة الشخص يستوجب التعويض؟
ردت محكمة التمييز بالإيجاب، ورفضت الطعن بالتمييز معتبرة أن الحق في الصورة حق يحميه القانون، وأن إعادة نشر الصورة - وإن كان قد سبق نشرها - يقتضي إذن صاحبها. كما أن الإخلال بهذا الحق يوجب التعويض.