68 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence On the other hand, granting an independent personality to artificial intelligence entities will serve to limit the persons to whom responsibility can be applied, rather than providing an important solution for compensation for damages arising in debt relations. That is, as long as artificial intelligence entities do not earn any income due to the tasks they perform, even if they gain personality rights, the damages that will occur will be covered by the people or companies behind these technologies. At the same time, if a fee is decided for the activities of artificial intelligence, this will mean the creation of a tax for users.62 Based on this, it is stated that artificial intelligence does not need to gain legal personality in order to determine its legal responsibility and take legal action, because artificial intelligence can be granted rights limited to these functions without gaining personality status. In addition, it is claimed that the fact that legal systems provide legal entities for “synthetic assets”, as in companies, may lead to the abuse of the rights granted to these synthetic assets.63 Namely, when artificial intelligence is given personality, it can turn into a shield of irresponsibility for the real people behind this artificial intelligence. However, it is stated that lack of any regulation may lead to the emergence of a class of irresponsible perpetrators consisting of robots and artificial intelligence.64 Although it accepts that some problems may be encountered in legal relations due to the unique characteristics of artificial intelligence, the view argues that granting personality status to artificial intelligence is not a sine qua non for the solution of the mentioned problem, and proposes different solutions in order to support this claim. Accordingly, granting a dependent and limited legal status, as in a representation relationship, or registering artificial intelligence robots and allocating a certain capital to them, as in companies, will eliminate the need to to artificial intelligence.As a matter of fact, the dependent and limited forms of legal status that representatives have within the framework of a contractual debt relationship can also be applied to artificial intelligence entities in a similar legal situation. Pagallo, Legal Personhood, p. 5. 62 Bertolini, p. 242; Solaiman, p. 33 63 Serozan, Medeni Hukuk, p. 495. 64 Pagallo, Legal Personhood, p. 4; Bryson/Mihailis/Grant, p. 275 vd.
RkJQdWJsaXNoZXIy MTQ3OTE1