Digital society, artificial intelligence and modern civil law: challenges and perspectives

Vladimir Kamyshanskiy,Irina Mukhina,Dina Kripakova,Dmitry Stepanov,S Cindori,T.V Deryugina,A.A Mokhov,E.Yu Malushko,A.M.M Mostafa

doi:10.1051/shsconf/202110901016

Abstract

The article analyses the problems of civil law regulation of relations arising in the digital society. The property relations, the civil turnover sphere is increasingly shifting to various kinds of electronic platforms. The process was further accelerated by the COVID-19 coronavirus pandemic. The development and application of artificial intelligence technologies bring forward the problem of ensuring safety for humans from the negative impact of such technologies, minimizing threats to their life and health. Due to the virtuality of artificial intelligence as a social phenomenon, a product, a good created by man, the application of traditional legal means to regulate social relations connected with the application of artificial intelligence technologies at present does not provide a full solution to a number of uncertainties arising on the market of goods, works and services. To this end, it is proposed to form a new legal fiction in civil law at the level of scientific doctrine to resolve legal uncertainties arising in civil turnover due to the use of artificial intelligence technologies. It is about formalizing artificial intelligence technology as a subject of law as an “electronic person” or “electronic legal entity” bringing together several legal entities with a special legal personality.

Highlights

The concept of "digital society" and digital rights is a relatively new object of civil rights
The social relations arising from the digitalization of society and the introduction of artificial intelligence technologies have specific characteristics to be considered when choosing the legal means for their legislative regulation
Legal science and the science of civil law face the very difficult task of developing new doctrinal approaches to the legal regulation of social relations associated with the emergence and use of new technologies in the economy and other spheres of life in modern society

Summary

Introduction

The concept of "digital society" and digital rights is a relatively new object of civil rights. The digital economy is an economic activity based on digital technology related to e-business and e-commerce and the electronic goods and services produced and marketed by them. The social relations arising from the digitalization of society and the introduction of artificial intelligence technologies have specific characteristics to be considered when choosing the legal means for their legislative regulation. The article deals with the legal regulation of relations arising in society as a result of the introduction of digital technology and artificial intelligence. It substantiates the necessity of forming a new legal fiction in civil law that would give the status of a subject of law to a carrier of artificial intelligence. The proposed scientific positions can form the basis for the formation of a new institution of civil law and the further improvement of the current legislation

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