Publication details

Akceptace právní osobnosti v případě umělé inteligence

Title in English Acceptance of Legal Personhood in the Case of Artificial Intelligence


Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Description Artificial intelligence (AI) is a phenomenon progressively advancing in legal relationships. In the majority of view, AI is a software with all sorts of abilities, i.e. AI is an object of legal relationship. However, there is a growing debate about whether AI could be the subject of such relationship. It is pointed out AI is able to autonomously create, learn, drive as well as acquire permanent residence, citizenship and even reproduce itself. In order for AI to be a subject of legal relationship, it must have legal personality as a basic legal status. Just in that case - similarly to legal entity as an autonomous creation of law - it can be a passive holder of rights and can be operated with in the next research when granting the authorship or criminal liability to AI. The paper therefore aims to analyze the conditions for granting the legal personhood to AI, including the consequences. At the beginning, the author will define the development in the field of creative AI with an emphasis on the critical review of its place as a subject of legal relationship. In the second part, the author focuses on analytical analysis of the legal personhood itself, its historical justification, its forms, including the necessary application criteria for its granting to natural and legal persons. The third part of the paper will be devoted to relevant and crucial domestic and foreign jurisprudence dealing with legal personhood, which the fourth part will be following with the consideration of the use of possible alternative models in the case of AI such as electronic person, trust fund, etc. The final part will be devoted to consequences resulting from the granting the legal personhood to AI, focusing on the applicability of previous conclusions.
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