A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West
Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one...
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| Format: | Article |
| Language: | fas |
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University of Qom
2021-12-01
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| Series: | پژوهش تطبیقی حقوق اسلام و غرب |
| Subjects: | |
| Online Access: | https://csiw.qom.ac.ir/article_1749_bf6daa1f393bcac5431bf1da0e35f408.pdf |
| _version_ | 1797233077050671104 |
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| author | rezahosin gandomkar MUHAMMAD SALEHIMAZANDARANI muhammadmahdi hamidi |
| author_facet | rezahosin gandomkar MUHAMMAD SALEHIMAZANDARANI muhammadmahdi hamidi |
| author_sort | rezahosin gandomkar |
| collection | DOAJ |
| description | Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one side and the attribution of civil liability resulting from the activities of intelligent systems to the systems themselves on the other side. However, a coherent and comprehensive study is not conducted to harmonize the current rules of legal entities and its compliance with the features of intelligent agent. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical method with a comparative study of Islamic jurisprudence, Iranian law and law of the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified, the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusion |
| first_indexed | 2024-04-24T16:10:26Z |
| format | Article |
| id | doaj.art-dcdc823a6685424c98023a988c5c1828 |
| institution | Directory Open Access Journal |
| issn | 2476-4213 2476-4221 |
| language | fas |
| last_indexed | 2024-04-24T16:10:26Z |
| publishDate | 2021-12-01 |
| publisher | University of Qom |
| record_format | Article |
| series | پژوهش تطبیقی حقوق اسلام و غرب |
| spelling | doaj.art-dcdc823a6685424c98023a988c5c18282024-03-31T19:11:33ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212021-12-018423526610.22091/csiw.2021.5944.19031749A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the Westrezahosin gandomkar0MUHAMMAD SALEHIMAZANDARANI1muhammadmahdi hamidi2Associate Professor, Department of Private Law, Faculty of Law, University of Qom.Associate Professor, Department of Private Law, Faculty of Law, University of Qom.Ph. D. Student in Private Law, Faculty of Law, University of Qom.Artificial intelligence has entered many areas of human life and has posed new legal challenges. Having legal personality is one of the theories in managing these challenges that has been proposed to justify the contracts concluded by intelligent systems based on the theory of representation on one side and the attribution of civil liability resulting from the activities of intelligent systems to the systems themselves on the other side. However, a coherent and comprehensive study is not conducted to harmonize the current rules of legal entities and its compliance with the features of intelligent agent. This article seeks to answer the adequacy or inadequacy of theoretical foundations and legal resources to identify legal personality for intelligent agent, which has been written in a descriptive-analytical method with a comparative study of Islamic jurisprudence, Iranian law and law of the West. The findings of this study show that each of these systems have significant theoretical foundations for having legal personality, but the status and characteristics of traditional legal entities are not equally applicable to the features of intelligent agent and if this structure not modified, the identification of legal personality for the systems, despite the alternative solutions, will cause legal confusionhttps://csiw.qom.ac.ir/article_1749_bf6daa1f393bcac5431bf1da0e35f408.pdfartificial intelligenceintelligent systemslegal personalitycapacitycivil liability |
| spellingShingle | rezahosin gandomkar MUHAMMAD SALEHIMAZANDARANI muhammadmahdi hamidi A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West پژوهش تطبیقی حقوق اسلام و غرب artificial intelligence intelligent systems legal personality capacity civil liability |
| title | A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West |
| title_full | A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West |
| title_fullStr | A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West |
| title_full_unstemmed | A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West |
| title_short | A Comparative Study of the Possibility of the Existence of Legal Personality for Intelligent Systems in Islamic Jurisprudence, Iranian law and Law of the West |
| title_sort | comparative study of the possibility of the existence of legal personality for intelligent systems in islamic jurisprudence iranian law and law of the west |
| topic | artificial intelligence intelligent systems legal personality capacity civil liability |
| url | https://csiw.qom.ac.ir/article_1749_bf6daa1f393bcac5431bf1da0e35f408.pdf |
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