scholarly journals Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).


Author(s):  
Katarzyna Klimas

THE ABILITY OF A PATIENT TO CONSERT TO MEDICAL TREATMENT AND THE ABILITY TO CIVIL ACTIONSThis article is devoted to the analysis of the relation between the institution of the ability to civil actions established by the provisions of the Civil Code and the patient’s consent provided by the Patient Rights and Patient Rights Act, as well as the Act on Doctor and Dentist Professions. The work aim is to make a detailed assessment of the status of a patient equipped with full legal capacity, deprived of this ability and having restricted legal capacity, to present discrepancies between the norms regulating the subjective conditions for effective legal actions under civil law and the provisions that determine the rules for granting consent for medical treatment.


2008 ◽  
Vol 57 (5) ◽  
Author(s):  
Joanna Haberko ◽  
Marina Casini

Il contributo si addentra nell’ordinamento giuridico polacco per capire qual è lo statuto dell’essere umano non ancora nato. Ne esce un affresco interessante in cui all’esame del diritto costituzionale segue l’analisi del diritto penale e del diritto civile. Il quadro è complessivamente uniforme nel riconoscere il concepito come essere umano titolare dei diritti personalissimi e fondamentali alla vita, alla salute e all’integrità fisica, tuttavia non mancano contraddizioni e lacune che l’interpretazione dottrinale tenta di superare senza, però, riuscirci completamente. Al prospettato progetto di riforma del Codice civile avviato negli ultimi mesi è, appunto, affidato il compito di colmare le lacune e di superare le contraddizioni. L’aspetto più significativo riguarda la modifica del Codice civile per riconoscere la capacità giuridica del concepito per quanto riguarda i beni personali (vita, salute, integrità fisica), restando subordinata alla nascita la capacità giuridica per i diritti patrimoniali. Infine, l’articolo si sofferma brevemente sulla Petizione europea per la vita e la dignità dell’uomo a cui il Movimento per la vita polacco ha dato, e sta offrendo, un rilevante contributo. ---------- The contribution probes the Polish legal system to understand which is the status of the human being not yet born. An interesting fresco goes out in which the analysis of the criminal and civil law follows the analysis of the constitutional law. The picture is on the whole uniform in recognizing new born as a human being owner of the personal and fundamental rights to life, health and physical integrity, nevertheless there are contradictions and gaps, that the doctrinal interpretation is trying to overcome without, however, succeeding completely. The task of filling gaps and overcoming contradictions is just so committed to the Civil code reform project which began over the last few months. The most meaningful aspect concerns the change of the Civil code to recognize the legal capacity of new born with regards to the personal goods (life, health, physical integrity), legal capacity staying subordinate to the birth with regards to the patrimonial rights. Finally, the article dwells in short upon the European Petition for life and human dignity to which the Polish Movement for life has provided, and it is offering, a remarkable contribution.


Lex Russica ◽  
2019 ◽  
pp. 51-61
Author(s):  
P. E. Spiridonov

The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.


2021 ◽  
Vol 16 (2) ◽  
pp. 55-60
Author(s):  
E. B. Poduzova

Digital legal relations have undoubtedly become an important part of relations regulated under civil law and business. The socio-economic digital basis has set the main directions for the existence and functioning of the relevant legal superstructure and the practice of applying rules governing certain relations. In this regard, the legal status of digital intermediaries, including their legal capacity and tort, is of particular importance. It seems important to investigate the problems involving the grounds for holding aggregators and other digital intermediaries liable, as well as guarantees of protecting the rights of persons with whom these intermediaries interact. The legislation governing digital relations has undergone significant changes over the past few years. However, the complex of relations between digital intermediaries as new subjects of law and other persons remains unresolved, and the practice of imposing on such intermediaries civil and other types of legal liability is unsettled. In the paper, the author describes his approach to the consideration and solution of these problems.


2021 ◽  
Vol 3 ◽  
pp. 34-38
Author(s):  
Alexandra A. Kalgina ◽  

Purpose. The article is devoted to the consideration of theoretical and practical issues that reflect the legislative requirements and the practice of applying the norms of civil law imposed on the characteristics of the status of an individual entrepreneur in comparison with the status of an individual. Methodology: dialectical method of scientific cognition, system approach, methods of deterministic factor analysis. Conclusions. The author draws attention to a number of theoretical and legal controversial provisions outlined by civil legislation and the practice of its application. The comparative legal study analyzes the characteristics of civil legal personality; and the distinction between the statuses of an individual and an individual entrepreneur in civil relations. The article emphasizes the openness of a number of issues that require legislative solutions and the correct position of the judiciary. In particular, in the theory of civil law, the discussion does not stop about whether all the components of the legal capacity and legal capacity of a citizen as an individual apply to an individual entrepreneur? Substantiates the position that the actions of persons engaged in entrepreneurial activities without forming a legal entity in violation of the requirements of state registration, shall be subject to the legal assessment of the criminal code and administrative code. The author considers it reasonable to disclose the legal personality of an individual entrepreneur as a consistent extension of the general legal personality of a citizen. When forming judicial practice, we consider it correct to clearly adhere to the position that arbitration courts consider only those cases involving individual entrepreneurs in which the disputed legal relations are caused by the implementation of entrepreneurial activities. Scientific and practical significance. Analytical information and conclusions may be of interest to teachers and researchers, business entrepreneurs, legal practitioners accompanying business transactions, as well as to law students.


2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.


1980 ◽  
Vol 4 (3) ◽  
pp. 195-223 ◽  
Author(s):  
Guy Heraud

SUMMARY The Status of Languages in Different States, Especially in Europe A typology of linguistic characteristics of each territory can be established. Such territories do not generally coincide with political states, which are generally heterogeneous. To grasp the linguistic character of states, these must be divided into distinct linguistic territories. In considering a linguistic terrain, a sociolinguistic approach identifies the actual language in use, whereas a jurolinguistic approach notes the language imposed or recognized by law. Both approaches are legitimate, but must be distinguished. The term "status" in the title indicates a juridical approach. But a sociolinguistic or ethno-political perspective cannot be omitted. The two approaches are epistemologically linked and serve to define each other. By comparing and confronting the legal status of languages with sociolinguistic reality in each territory, a measure of adequacy or inadequacy of linguistic statuses may be developed. Linguistic statuses are examined under three headings: qualification (how linguistic status is implemented —constitutionally, in civil law, or administratively); quality (status of a given language, e.g., national, auxiliary, state language, regional language, territorial language not used in administration); and linguistic characterization of a territory or a political state. Examining a homogeneous element of state territory, a typology of linguistic super-imposition or of linguistic juxtaposition can be identified, in addition to possible simple unilingualism. Looking at an entire state, unilingualism is possible, as are personal bilingualism or multilingualism and territorial bilingualism or multilingualism. Switzerland, Belgium and Finland are typical cases. The present study is limited to the level of general jurolinguistic typology. It does not undertake in-depth studies of individual situations, but it does provide an introduction to the general field of the law of language. RESUMO La Statuso de la Lingvo) en Diversaj Statoj, aparte en Europo Eblas starigi klasigon de la lingvaj karakterizoj de ciu opa teritorio. Tia teritorio ne generale respondas al politika stato, kiu estas kutime lingve diversa. Por rekoni la lingvan karakteron de stato, necesas dividi gin en opajn lingvajn teritoriojn. Prijugante lingvan teritorion, socilingvisto identigas la faktan lingvouzon; male, ling-vojuristo notas la lingvon almetitan aǔ rekonitan de la legaro. Ambaǔ aliroj estas pravigeblaj, sed necesas distingi inter ili. La termino statuso en la titolo montras al lingvojura aliro. Sed ne eblas ellasi socilingvistikan aǔ etnopolitikan perspektivon. Per interkomparo de la lega statuso de lingvoj kun la socilingvistika realo en ciu opa teritorio, eblas disvolvi mezurilon de la taǔgeco aǔ netaǔgeco de lingvaj statusoj. Oni prikonsideras lingvajn statusojn laǔ tri rubrikoj; la kvalifiko (kiel oni realigas lingvan statuson —cu konstitucie, cu per la civila juro, cu administracie) ; la kvalito (la statuso de iu lingvo, ekz. nacia, helpa, štata, regiona, teritoria lingvo ne uzata en la administrado); kaj la lingva karakterizo de teritorio aǔ stato. Eblas identigi la lingvan karakterizon de unueca ero de štata teritorio; ekzistas lingvo-supermeto kaj la almeto de lingvoj flank-al-flanke, krom la simpla unulingveco. En tuta štato, eblas unulingveco, personaj dulingveco au plurlingveco, kaj teritoriaj dulingveco au plurlingveco. Svislando, Belgujo kaj Finnlando estas tipaj kazoj. La nuna studo estas limigita al la nivelo de generala lingvojura tipologio. Gi ne studas profunde opajn situaciojn, sed gi ja provizas enkondukon al la generala fako de la lingva juro.


Author(s):  
Myroslava M. Dyakovych ◽  
Mariya O. Mykhayliv

The quality of life of the population significantly depends on the level of development of medicine, including such a field as transplantology. The need for donor bodies is growing every year, which requires the development of an effective mechanism for regulating legal relations with them. The relevance of the study is due to the existence of a number of unresolved issues: uncertainty of legal relations in this area, gaps in the use of transplantation of human organs and tissues and unexplored relationship of human organ and tissue transplantation with civil law institutions. The main purpose of this article is to determine the legal status of human organs and tissues in the field of transplantation as objects of civil law. The main approach to the study was a set of methods of legal analysis, as well as comparative analysis. The basic principles of the constitutional and legal essence of donation and its civil law principles were determined. The effectiveness of legislative regulation of the issues under study in the domestic legal field, as well as in comparison with the norms of foreign countries and international law was assessed. It was established that the international legislation, the legislation of the CIS countries and developed countries generally recognise organs and tissues as objects of sui generis, limited in circulation, establishing a criminal ban on commercial donation. It is proposed to recognise them as special objects of civil law of property nature within the framework of the civil law approach to the legal essence of donor organs and tissues. The author classification of donor organs according to the criterion of their availability was developed. The main problematic issues regarding the determination of ownership rights to donor organs were analysed. The main elements of the mechanism of realisation of the subjective right to donation as forms of realisation of the constitutional and civil right of a person to life, and also forms of realisation of the legal status of the subject of the right to donation were defined. It is proposed to include in the Constitution of Ukraine a separate article on the settlement of the issue of analysis. The practical significance of the obtained results is that the information presented in the study can be applied in legislative and judicial practice, in teaching, the proposed measures can be used as a basis for reforming and improving the domestic donation system


Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.


Sign in / Sign up

Export Citation Format

Share Document