75 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN software with the provisions in the Turkish Code of Obligations. For example, if a software error occurs during the establishment of the contract, this error will be taken into account only to the extent that it can be considered as a fault of the real person operating the machine, according to the Turkish Code of Obligations. However, errors arising from smart software cannot always be evaluated within the framework of the provisions of “fault”, and since smart software is not responsible for the will subject to the transaction, it does not seem possible to accept any software errors as a defective intention that affects the validity of the transaction. For this reason, the most rational approach to resolving disputes that may arise on issues such as the establishment of a contract, cases of defective intention, agency and power of attorney will be to grant a legal status to smart software or artificial intelligence.81 On the other hand, granting a legal entity-like status to nonbiological autonomous entities, as is the case with associations and endowments, will pave the way for these entities to be legally allocated to a permanent purpose and to serve humanity. Moreover, it is accepted that one of the most successful strategies for coping with the uncertainty that will be experienced whenever non-human beings are encountered at different layers of the social structure is their personification.82 Those who advocate the idea of granting personality rights to artificial intelligence agree on the point of giving artificial intelligence a legal status in terms of the principle of legal security and accountability, but they differ on the methods of doing so. In this context, according to one view, in order to give artificial intelligence a status before the law, there is no obligation to grant it a right and capacity to act similar to real persons.83 It is deemed sufficient for artificial intelligence to have the authority and responsibility to perform its operations within the scope of its duties and field of work. For example, it is argued that the financial position of such smart machines can be made transparent without resorting to any legal entity, by registering artificial intelligence 81 Bayamlıoğlu, p. 133- 134. 82 Teubner, p. 6. 83 Bryson/Mihailis/Grant, p. 273.
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