Determining the place of artificial intelligence in civil law Cover Image

Determining the place of artificial intelligence in civil law
Determining the place of artificial intelligence in civil law

Author(s): N. S. Martsenko
Subject(s): Civil Law, ICT Information and Communications Technologies
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: legal regulations; robot; subjects of civilian rights; objects of civilian rights; responsibility;

Summary/Abstract: This article analyses the civil-law aspects of the legal regime of artificial intelligence. According to the author, understanding robot and artificial intelligence as a subject of civil legal relations is inappropriate and can create a situation of legal uncertainty. The use of the term „electronic person” in EU normative acts seems unreasonable and premature, since the extension of the term in law does not give a holistic legal representation in matters of their legal status, civil liability, protection of user rights or data protection. It is argued that it is advisable to understand robotics and artificial intelligence as civil rights objects. It is proposed to apply the legal regime of a high-risk source for artificial intelligence, which is used in such fields as medicine or public administration to better protect the rights of artificial intelligence technology users. In the case of civil liability, the principle of proportionality should be respected: the higher the risk of harm, the higher the measure of liability.

  • Issue Year: 2020
  • Issue No: 47
  • Page Range: 157-174
  • Page Count: 18
  • Language: English