نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Objective: The objective of this study is to examine the possibility and necessity of granting legal personality to artificial intelligence systems within the legal frameworks of Iran and the European Union. The research seeks to address whether certain advanced AI systems should be recognized as possessing an independent legal personality, or whether the challenges arising from their activities can instead be managed through an expansive interpretation of existing legal institutions such as employer liability, agency, or the instrumentality theory.
Method: This study adopts a foundational and comparative approach. Within this framework, the concept and criteria of legal personality in Iranian law and European Union law are first examined. Subsequently, through the analysis of legal and jurisprudential sources particularly the principles of Imami jurisprudence the study evaluates the compatibility of the idea of granting legal personality to AI with concepts such as will, consciousness, and the attribution of acts. The potential implications of such an approach in different legal domains are also analyzed.
Results: The findings indicate that neither the legal system of Iran nor that of the European Union currently recognizes artificial intelligence as a legal person, although the idea has increasingly emerged in academic literature and policy discussions. The analysis further shows that granting full legal personality to AI faces significant theoretical and practical challenges, particularly with regard to the attribution of will and responsibility.
Conclusions: The results of the study suggest that granting full legal personality to artificial intelligence is neither necessary under current conditions nor free from theoretical and practical difficulties. Nevertheless, the development of intermediate models such as a form of “limited legal personality” accompanied by a transparent framework for allocating responsibility among producers, operators, and regulatory authorities may provide a practical response to present challenges and contribute to shaping future legal regulations.
کلیدواژهها English
