Justifications, Challenges, and Implications of Granting Legal Personality to Intelligent Robots (A Comparative Study Between Traditional Approaches and Modern Technological Necessities)

Abstract

Artificial intelligence has witnessed rapid developmental leaps in recent decades, leading to the creation of intelligent applications that have permeated all aspects of life, making this technology an indispensable pillar of modernity. Its importance lies in its superior ability to accomplish complex tasks that the human mind cannot replicate with the same speed and accuracy, whether in terms of mental processing or executive efficiency. Its applications have expanded to include diverse vital sectors such as medicine, education, commerce, industry, and other fields whose realities have been reshaped by artificial intelligence.

Addressing the issue of the legal personality of intelligent robots has become an imperative dictated by the rapid advancements in technology. This personality revolves around the extent to which this technological entity is capable of acquiring rights and bearing obligations. This research seeks to address the legal dilemmas arising from the unilateral and individual actions of autonomous intelligent systems. Today, we face a legislative deficiency in defining the error attributed to machines and the resulting problems, most notably compensation, which threatens the foundations of legal stability within contemporary technological societies.

The concept of electronic legal personality is emerging today, transcending the traditional notion of personality, which has historically been limited to human beings and legal entities. This newly developed concept centers on granting independent legal status to intelligent systems. This legislative approach aims to create a robust legal framework to address the problems arising from the autonomous actions of robots, particularly concerning civil liability and determining the party responsible for compensation. It also seeks to enhance the investment climate across various sectors as a proactive step towards more comprehensive future legislation. This includes the capacity to acquire rights and bear obligations independently of the creators or users of the system.

Conversely, some legal scholars believe that granting this legal personality could undermine the essential content of civil liability rules, expressing legitimate concerns about the formal equivalence between humans and machines. Accordingly, the study concluded by calling on legislators in Iraq and the Kurdistan Region to adopt an independent legal system specific to artificial intelligence, with the need to review existing legislation, especially the law on patents and industrial designs, to ensure its compatibility with this accelerating digital transformation.