Akceptace právní osobnosti v případě umělé inteligence

• Published in: Revue pro právo a technologie (On-line) Vol. 9; no. 17; pp. 19 - 49
• Main Author: Zibner, Jan
• Format: Journal Article
• Language: Czech
• Published: Masarykova univerzita nakladatelství 2018; Masaryk University Press
• Subjects: Communication studies; ICT Information and Communications Technologies; Law, Constitution, Jurisprudence; Legal Capacity; Authorship; Artificial Intelligence; Legal Subjectivity; Legal Personality; Person; Subject
• ISSN: 1804-5383; 1805-2797

An artificial Intelligence is a phenomenon that is progressively advancing in legal relations. Generally speaking, the artificial intelligence is a software with a variety of capabilities and it is an object of legal relations. But, there are debates over whether the artificial intelligence could be a subject of such relations. It is argued that the artificial intelligence is able to autonomously create, learn, drive, but also to obtain a permanent residence, citizenship and even reproduce itself. However, before the shift to the position of subject, a legal personality as a fundamental legal status must be granted to the artificial intelligence. That is the only way how the artificial intelligence could be (similarly to a legal entity as autonomous creation of law) a passive rightholder and could be analysed when granting an authorship or a criminal liability to it. The paper aims to analyse the conditions of granting the legal personality to the artificial intelligence, including the consequences thereof. At the beginning, author will describe the development in the field of creative artificial intelligence with an emphasis on a critical review of its place in the position of subject of legal relations. In the second part, author will focus on an analytical analysis of the legal personality per se, its historical justification and its forms, including necessary application criteria for its attribution to natural persons and legal entities. In the third part, relevant and fundamental national and foreign court decisions dealing with the legal personality will be described. It will be followed by the consideration of the use of possible alternative models such as electronic person or trust fund. The final part will contain application of previous conclusions will some possible consequences resulting from granting the legal personality to the artificial intelligence.