TBB Dergisi 2023 İngilizce Özel Sayı

52 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence abilities cause pressure on the society to transform the operational status of such entities into a normative status. In addition, the possible changes that will occur in the form of interaction between humans and artificial intelligence assets in the near future, and the expectations and demands that will arise regarding the duties of artificial intelligence in the social structure, make scientific studies aimed at giving these assets legal status are very important.8 It has been a matter of debate since the Middle Ages whether legal personality can be recognized for other beings as well as for people who are considered to have innate rights and personality.9 These debates basically arose from the need to grant legal personality to entities other than real persons, due to social and economic necessities. Namely, the remarkable change in urban life and the intensification of social relations have revealed problems that require long-term and collective work. This situation has increased the need for legal entities who have a longer life than people and are independent of the existence of the people who make them up. For this reason, for the first time, the right of personality was granted to entities other than people, groups of people or goods (such as associations, endowments or companies), and the opportunity to have rights and debts within the limits drawn by the law was introduced.10 Although there have been intense discussions and evaluations from past to present regarding the nature of legal personality and which entities should be given personality, in reality, the social realities and lifestyles of the time and geography in which it is valid 8 Chopra/White, Autonomous Artificial Agents, s. 154; Çağlar Ersoy, Robotlar, Yapay Zekâ ve Hukuk, 3th ed. İstanbul, Nisan 2018, p. 83 – 84, Jaynes, p. 14. 9 For example, although there are examples of legal entities in Roman law, this was realized very late and in an unsystematic way. In this context, in Rome; The Roman State granted legal personality to the societies (collegium) and religious associations (sodalitas) established by tradesmen and craftsmen. In Islamic law, foundations with legal personality have been widely used and have played important roles in shaping the social structure. Özcan K. Çelebican, Roma Hukuku, Yeni Medenî Kanuna Uyarlanmış 18tk ed. Turhan Kitabevi, Ankara 2019, p. 181; 10 Kılıçoğlu, Medeni Hukuk, p. 213; Aydın Zevkliler/ Şeref Ertaş/Ayşe Havutçu/ M. Beşir Acabey/Damla Gürpınar, Yeni Medeni Kanuna Göre Medeni Hukuk (Temel Bilgiler), 10th ed., Ankara 2018, p. 133; Rona Serozan, Medeni Hukuk, Genel Bölüm Kişiler Hukuku, 4th ed., Vedat Kitapçılık, İstanbul 2013, p. 493; Mustafa Dural/Tufan Öğüz, Türk Özel Hukuku, V. II, Kişiler Hukuku, 20th ed., İstanbul 2019, p. 224

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