AI liability in Congolese civil law: the rationality of classic regime put to test by contemporary technological challenges

Artificial intelligence liability raises questions about the ability of Congolese law to regulate the consequences of the autonomous actions of these systems. Artificial intelligences, capable of learning and making independent decisions, can cause damage without human intervention, thus calling into question the traditional foundations of civil liability, both for fault and in respect of things, centered on a human actor. The study highlights the limits of traditional liability regimes in the face of the decision-making autonomy of artificial intelligences, which makes it more complex to identify fault, establish the causal link and determine who is liable. Although Ordinance-Law no. 23/010 of March 13, 2023 on digital services aims to provide a framework for digital services, its application remains largely laconic in the absence of effective operational measures. The risks are particularly acute in the banking sector, which is exposed to automated malfunctions, personal data breaches and financial loss.