65 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN On the other hand, according to the said view, granting personality to non-biological intelligence will negatively affect the law of liability as it will reduce the effectiveness of deterrence in terms of unlawful acts by exempting people from responsibility. 52 For this reason, the aforementioned opinion argues that artificial intelligence systems, which are considered as objects before the law, should not be granted personality rights. However, it argues that a “software representation”, which has a limited legal status and is recorded in a special registry, can be established to represent the producer or user in case of damages and the parties in legal relations. According to this view, through the representation, while it can be ensured that contracts are made and fulfilled validly, the principle of legal security in the field of responsibility will also be realized by determining the upper limit of the liability to be assumed and the persons represented.53 cc. Lack of Ability to Have Rights and Obligations According to the approach that argues that legal personality should be recognized only by humans, in order for an entity to be accepted as a subject of law, it must be capable of having rights and assuming obligations, and therefore must have free will.54 Both in doctrine and practice, in order for a being to cease being an object and be accepted as a subject before the law, that being must have the will to benefit from rights and fulfil its duties. 55 Because only with the existence of free will, it becomes possible to use the rights granted by the personality and to assume responsibility. 56The understanding of personality in 52 Solaiman, p. 38. 53 Bertolini, p. 242; Solaiman, p. 33- 38. 54 Arie A. Covrigaru/Robert K. Lindsay, Deterministic Autonomous Systems, AI Magazine, Volume 12, Number 3 (1991), p. 117. 55 According to this view, just as the concepts of fault and intent are fundamental elements in terms of legal and criminal liability, the existence of will is seen as a necessary condition for the acquisition of personality. In addition, the ability to exercise rights depends on the existence of will, which is a subjective faculty. . Zimmerman, p. 29 56 According to a similar view in the doctrine, there is a close connection between human beings and being entitled to rights and fulfilling obligations. Because the concepts of being entitled to rights and obligations and personality are concepts identified with will and human beings. In this sense, man has personality because he has will. For this reason, the legal order cannot grant personality rights to beings that do not have will. Selin Çetin, “Yapay Zekâ ve Hukuk ile ilgili Güncel
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