Civil liability arising from the damages caused by artificial intelligence
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Abstract (EN)
Artificial intelligence is a branch of science designed for computer systems to think, learn and make decisions similar to humans. It includes many technologies such as artificial intelligence, natural language processing, image processing, machine learning, deep learning, natural language processing, robotics. The development of technology brings with it many problems as well as the huge benefits it provides. One of them is the issue of who will be responsible for the damage caused by artificial intelligence. Asthe interaction and communication of artificial intelligence and people in their daily lives increase, new and different problems arise in terms of law and it becomes difficult to solve these problems with the current legal regulations. The issue of who will be responsible for the damages caused by artificial intelligence assets raises the question of whether artificial intelligence assets have legal personality. In order for these assets to be liable, they must have legal personality. It is considered that artificial intelligence can be applied in case of harm, if personality is given to artificial intelligence beings, which are accepted to be able to think and act like humans. In the doctrine, it is stated that super artificial intelligence systems can be considered responsible for their actions because they are aware of their own behavior and the consequences of these behaviors. These artificial intelligences, which have the potential to learn by themselves, can be legally accepted as persons. However, there is no such regulation in the current legal systems. For this reason, artificial intelligence will not be held responsible for the damages they cause as a result of tortious acts. It is important to whom to apply for damages caused by artificial intelligence. Artificial intelligence can be under the supervision and control of a human, or it can act autonomously. In both cases, artificial intelligence can may damage to many material or moral values like property, right to life, bodily integrity, honor and dignity, privacy etc. Considering the reactive and limited types of artificial intelligence, the legal regulations in force will find a certain area of application in the damages caused by these artificial intelligences, which have limited autonomy and are accepted as goods or products in our legal system and are not legally accepted as a person. According to the characteristics of the concrete situation, the provisions of defect liability, strict liability, product liability, contract liability may be applied. In order to compensate for the damage caused by the behavior of such artificial intelligences, "people in the background", that is, those whose actions the laws attribute legal consequences, can be applied. Classical types of responsibility are far from meeting the need in terms of theory of mind, which can perceive and interact with the motives, beliefs, feelings, intentions, that is, the psychological state of the people in front of them, and artificial intelligences that are aware of themselves and can perceive their inner states and the emotions, behaviors and intelligence of others. For this reason, it may be appropriate to make a regulation for a new type of strict liability, similar to the European Parliament Recommendation Report, in the context of compensation for damages caused by artificial intelligence assets. Keywords: Personality, Artifical Intelligence, Defect Liability, Strict Liability, Product Liability, Contract Liability, European Parliament Recommendation Report.
Author
Orhan Erol
How to Cite
Orhan Erol (Master Thesis). Civil liability arising from the damages caused by artificial intelligence, 2023, Ankara University.
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