Czy bity są życiem, a śmierć to dopiero początek? Cywilnoprawne implikacje śmierci człowieka związane z rozwojem mind uploadingu
Are Bits Life, While Death Is Just a Mere Beginning? Civil Law Implications of Human Death Connected With Development of Mind Uploading

Summary/Abstract: One of the most commonly disputed topics in the new technologies sector in 2018 was Artificial Intelligence and a probability of granting it a legal capacity. A situation in which an algorithm, i.e. in practical terms: a digital set of zeros and ones, in legal transactions is, to a large degree, made equal with a human being, has stirred and continues to stir numerous doubts also in the legal doctrine. What will happen, however, when we try to reverse the mentioned relationship? Instead of transforming ‘a machine into the human’, let us transform ‘the human into a machine’. This is because, in a large oversimplification, it is the effect of performance of the mind uploading process, i.e. the procedure transferring a human mind onto a synthetic medium. This article most probably constitutes the first attempt in Poland at tackling the set of legal issues connected with transferring the mind, additionally narrowed down to an analysis of civi law regulations with a particular emphasis on mortis causa norms. It also attempts to answer a question as to whether the notion of death will have to be redefined in the context of the aforementioned process, and also if the inheritance law, in the face of alleged future immortality of humans, will preserve its raison d‘être in future. Considerations on the legal capacity of the ‘digitalised human’ provided an introduction into the set of issues discussed in the paper.

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