A General Overview of Artificial Intelligence and Its Current Implications in Civil Law
A General Overview of Artificial Intelligence and Its Current Implications in Civil Law

Summary/Abstract: In the course of this study, the author briefly presents some of the major issues raised by the prospect of artificial intelligence (AI) development in the field of civil law. Firstly, problems posed by possible AI agents acting for a natural or legal person (principal) are analysed, with the conclusion that as of yet liability for damage caused by the AI both to the parties of the juridical act concluded by the artificial agent and to any third parties remains with the owner or operator of the AI, with all the injustices this situation entails. Secondly. situations of liability for damage caused by use of an AI system for aiding decision-making are presented. It is shown that liability gaps exist in such situations due to lack of regulation. Thirdly, the possibility of AI-held(mostly non-pecuniary) intellectual rights is analysed, which in the light of current regulation and recent foreign case-law seems excluded. Finally, the possibility of granting legal personality to AI systems is raised as a possible solution to the aforementioned dilemmas. It is shown that this would be only an apparent solution, while legal personality for AI would entail greater risks, and is therefore to be avoided. It is concluded that further research and regulation may be necessary to resolve the problems that were identified.

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