Regulating the use of AI in civil proceedings
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2025
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Pázmány Péter Catholic University Faculty of Law and Political Sciences
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Gascón Inchausti F. (2025). Regulating the Use of AI in Civil Proceedings. Pázmány Law Review, 12(1), 183-211. https://doi.org/10.55019/plr.2025.1.183-211
Abstract
The paper addresses several current issues regarding the use of AI in civil justice. It starts from theoretical foundations and addresses the question of how we can define AI, what is the role of AI in today's civil justice system, and what challenges must be overcome when creating legal regulations. The starting point is the need for a clear regulatory framework for the use of Artificial Intelligence systems in civil justice. It presents several legislative techniques (rules granting and/or governing rights; rules establishing prohibitions; rules setting out conditions, requirements and/or obligations.) and the types of legal sources or forms of regulation that can be used in the process of legislation (self-regulation and codes of conduct; soft law; hard law). It also includes a comparative legal perspective (with Spanish and English examples).
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1. The starting point: the need for a clear regulatory framework for the use of Artificial Intelligence systems in civil justice: 1.1. The relevance of a legal definition of Artificial Intelligence; 1.2. The relevance of regulatory challenges. — 2. Angles or perspectives of regulation: 2.1. Rules granting and/or governing rights; 2.2. Rules establishing prohibitions; 2.3. Rules setting out conditions, requirements and/or obligations. — 3. Forms of regulation: 3.1. Self-regulation and codes of conduct; 3.2. Soft law; 3.3. Hard law. — 4. A conclusion and two examples: 4.1. The English example; 4.2. The Spanish example.