Abstract

In this paper, I shall set out the pros and cons of assigning legal personhood on artificial intelligence systems under civil law. More specifically, I will provide arguments supporting a functionalist justification for conferring personhood on AIs, and I will try to identify what content this legal status might have from a regulatory perspective. Being a person in law implies the entitlement to one or more legal positions. I will mainly focus on liability as it is one of the main grounds for the attribution of legal personhood, like for collective legal entities. A better distribution of responsibilities resulting from unpredictably illegal and/or harmful behaviour may be one of the main reasons to justify the attribution of personhood also for AI systems. This means an efficient allocation of the risks and social costs associated with the use of AIs, ensuring the protection of victims, incentives for production, and technological innovation. However, the paper also considers other legal positions triggered by personhood in addition to responsibility: specific competencies and powers such as, for example, financial autonomy, the ability to hold property, make contracts, sue.