Descrição
The paper focuses on the main question: who is liable when an accident caused by an autonomous car occurs?
The author begins with a reconstruction of the legal framework in force first in Europe and also in Italy on the autonomous vehicle and distinguishes each level of autonomy.
This is followed by an explanation of the different theories that could be applied to the problem as a solution, ie from defective product liability to compliant product liability in Germany and the United States.
The work provides a proposal, ie the recognition of legal personality to the autonomous vehicle, but not as a surrogate for the natural person, but as a legal person (see e.g. private entities). The author shows how this is possible using the analogia iuris method and how this brings the legal system back into harmony.
Introduction
1. The definition of autonomous vehicle in the light of sustainable development. International overview
2. The European Union legal framework
3. The ‘Smart Road Decree’
4. A brief introduction to the civil liability in Italy
5. Civil liability and autonomous vehicles: the different theories
5.1 Liability for damage by compliant products applied to autonomous driving vehicles
6. An overview of the German Motor Vehicle Liability Act
7. The civil liability and autonomous vehicle in the USA
8. The Tesla case
9. A proposal for a solution
Author Index