The Fault-Based Liability Regime in the New Belgian Civil Code and Artificial Intelligence

1 Abstract Recent years have seen significant legal developments, notably due to the widespread use of artificial intelligence (AI) and reforms in domestic legal systems. In Belgium, for instance, extra-contractual liability law underwent a fundamental reform with the entry into force of Book 6 of the New Civil Code on 1 January 2025. The new regime codifies existing case law, while introducing clearer concepts aimed at improving legal certainty. This article examines whether the specific provisions on fault-based liability take into account the reality of AI, comparing the new provisions with the former rules under the old Civil Code. Whereas the new provisions of Book 6 contain some elements that will turn out to be useful for AI, many unclarities on certain notions remains. The analysis highlights some of the elements that (Belgian) scholars, courts and policymakers need to consider with regard to fault-based liability and AI. By doing so, it puts forward a research agenda and offers ways forward to ensure that the new provisions on fault-based liability will survive the challenges related to AI.