ABSTRACT
Can we grant legal personality? Many authors answer this question in the negative since those systems differ too much from humans or they do not have the necessary capacities. However, there do not seem to be any a priori reasons why this would not be possible. Legal personality is a purely legal concept that can be conferred on whatever entity the legislator decides. Moreover, the bundle of rights and obligations that legal personality entails is not necessarily the same for all persons. If AI systems are granted legal personality, they would not necessarily carry the same rights and obligations as natural persons or legal persons today. As such, it is certainly an option to grant AI systems legal personality. Yet, the question remains whether we should grant AI systems legal personality? The European Parliament (EP) suggested giving legal personality to AI systems from a civil liability law perspective. This could resolve the potential accountability gap and the burden of proof victims face when encountered with AI systems causing damage. Yet, this idea is often dismissed without serious consideration. Many of the reasons against legal personality in a civil liability law context are not as solid or convincing as they seem. Legal personality for AI systems may not be a panacea, but it is certainly an option worth considering.
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Victor Schollaert, AI and Legal Personality in Private Law: An Option Worth Considering (?), European Review of Private Law, volume 31, issue 2/3, pp 387-410 (2023).
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