TBB Dergisi 2023 İngilizce Özel Sayı

72 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence to artificial intelligence will eliminate the complexity and uncertainty of accountable persons and ensure that judicial proceedings for compensation for damage proceed more quickly and safely. This uncertainty clearly reveals that the new generation problems related to artificial intelligence entities, which have a very different systematic and logic than previous technological designs, cannot be solved by traditional methods that are incompatible with the nature of this technology. On the other hand, due to the development process through machine learning, artificial intelligence enables the emergence of more complex cognitive structures as it constantly increases its knowledge and skills as a result of its interaction with the living creatures in the environment. In the near future, it is clear that such structures will need a status in social life, given the fact that the new generation of human-like artificial intelligence, which is predicted to be produced based on a modelling that imitates biological human algorithms, will be more integrated with the social structure.75 For these reasons, the legislator has an important responsibility in producing innovative and sustainable solutions that are compatible with the new generation artificial intelligence technologies, which have their own unique characteristics and working systems. Apart from this, granting legal personality to non-human beings will greatly increase the capacity of contemporary societies to benefit from cognitive technology. For example, the widespread use of electronic or smart contracts will provide significant savings in transaction costs and contribute to safer and faster execution of transactions. In this context, the “The Uniform Electronic Transactions Act” (UETA), adopted by forty-seven states in the USA, Columbia and the Virgin Islands, allows contracts to be made by machines that function as electronic representatives of the parties. The regulation considers all claims that the contract was not established due to the lack of mutual will of the parties, who are real persons, during the establishment of the contract, as invalid. When it comes to the participation of machines in the contract, it is assumed that the necessary will arises from the 75 Ugo Pagallo, Even Angels Need the Rules: AI, Roboethics, and the Law, The Authors and IOS Press, 2016, p. 209. doi:10.3233/978-1-61499-672-9-209AI.

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