LEGAL PERSONHOOD FOR AI: A NECESSARY STEP OR A PERILOUS PATH?

IIn its Resolution of 16 February 2017 with recommendations to the Commission on Civil Law Rules on Robotics, the European Parliament calls on the European Commission to consider granting a special legal status to robots, under which the most advanced autonomous robots would be recognized as electronic persons liable for any damage caused by their operations. In this regard, the paper examines the main characteristics of Artificial Intelligence (AI), such as autonomy, opacity, unpredictability and complexity, which can cause problems in the attribution of liability. The paper analyzes whether there are valid reasons for granting (electronic) personhood to the most sophisticated forms of AI. In addition, it examines whether alternative mechanisms, such as the broader application of strict liability, the presumption of fault or causation, no-fault systems, or compulsory insurance, may be used to strike a fair balance between the interests of manufacturers and users of AI systems, as well as third parties.