امکان سنجی مسئولیت هوش مصنوعی به عنوان "شخصِ حقوقی" با رویکرد های نوین در پرتوی قوانین ایران

Artificial Intelligence (AI), as an emerging phenomenon in the world of technology, has posed numerous challenges for legal systems worldwide. Unlike traditional computer systems, AI possesses the ability to learn, analyze data, make independent decisions, and interact with its environment. These characteristics raise fundamental questions regarding its legal and criminal liability. Can AI be considered a “legal person” (not just possessing legal personality)? This question forms the central focus of the present research.

In classical legal systems, the concept of a “legal person” is typically assigned to entities such as corporations, institutions, and organizations that possess specific rights and obligations. These legal persons can enter into contracts, own assets, assume responsibilities, and, in cases of legal violations or crimes, be held accountable. However, AI, as an autonomous and non-human entity, can perform many of these functions without being directly controlled by a specific human. This raises the question: Can AI be granted legal personhood and recognized as an independent legal entity with defined rights and obligations?

In the Iranian legal system, no explicit provisions have yet been established to determine AI’s legal status. The Islamic Penal Code, the Civil Liability Law, and other legal frameworks in the country are limited to natural and traditional legal persons, without addressing the challenges posed by AI as a legal person. This legal gap creates significant uncertainties in areas such as civil liability (compensation for damages caused by AI’s erroneous decisions), criminal liability (in cases where autonomous systems commit offenses), and even contractual obligations (financial and legal interactions between AI and other entities).