Izvorni znanstveni članak
https://doi.org/10.47960/2637-2495.2024.32.25
ARTIFICIAL INTELLIGENCE AND LEGAL SUBJECTIVITY
Ivan Tomić
orcid.org/0000-0003-2058-5272
; Pravni fakultet Sveučilišta u Mostaru
Magdalena Primorac
; Pravni fakultet Sveučilišta u Mostaru
Sažetak
The concept of legal subjectivity was built through philosophical thoughts that contributed to the experience of man as an original legal subject. The progress and development of society resulted in the need to expand legal subjectivity. As a result of complex economic relations, a new legal subject, a legal person, is formed. Recently, progress in the field of artificial intelligence has led to the question of extending legal subjectivity to advanced forms of this technology or creating a completely new form of legal subject, an electronic person. In the paper, the authors examine the possibility of assigning legal subjectivity to artificial intelligence within the framework of existing forms of legal subject, natural and legal persons, or by forming a new legal subject, an electronic person. In addition to theoretical analysis, this issue is analyzed by researching case law and legal acts that regulate
artificial intelligence. The research results indicate that there is a significant difference between a natural person and artificial intelligence. Also, the analogy between a legal person and an electronic person is doubtful. The third legal subject is an innovation construction that goes beyond the legal subjectivity of a legal person. At this moment, neither legal theory nor
legal practice is ready to accept technocentric approaches that advocate the recognition of legal subjectivity to artificial intelligence.
Ključne riječi
Hrčak ID:
329256
URI
Datum izdavanja:
17.3.2025.
Posjeta: 1.205 *