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Comparative study of the possibility of legal personality for intelligent agent In jurisprudence, Iranian law and Western law

Rezahosin Gandomkar, Muhammad Salehimazandarani, Muhammadmahdi Hamidi

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Abstract

Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one side and the attribution of civil liability resulting from the activities of intelligent systems to the systems themselves on the other side. However, a coherent and comprehensive study is not conducted to harmonize the current rules of legal entities and its compliance with the features of intelligent agent. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical method with a comparative study of Islamic jurisprudence, Iranian law and law of the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified, the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusion

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What this paper is about

Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one side and the attribution of civil liability resulting from the activities of intelligent systems to the systems themselves on the other side. However, a coherent and comprehensive study is not conducted to harmonize the current rules of legal entities and its compliance with the features of intelligent agent. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical method with a comparative study of Islamic jurisprudence, Iranian law and law of the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified, the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusion

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Available abstract

Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one side and the attribution of civil liability resulting from the activities of intelligent systems to the systems themselves on the other side. However, a coherent and comprehensive study is not conducted to harmonize the current rules of legal entities and its compliance with the features of intelligent agent. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical method with a comparative study of Islamic jurisprudence, Iranian law and law of the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified, the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusion

Key concepts: Jurisprudence, Law, Personality, Legal research, Empirical legal studies, Legal profession, Legal realism, Sociology

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Comparative study of the possibility of legal personality for intelligent agent In jurisprudence, Iranian law and Western law — Research Paper | ScholarLens