Despite the fact that artificial intelligence technologies, at least as a special type of software, have already become a reality of everyday life, there are still no norms in civil law that would regulate the specifics of the use of artificial intelligence in civil circulation. A significant part of scientific research is devoted mainly to theoretical issues, such as determining the legal nature of artificial intelligence. However, there is another approach – searching among the existing civil law for norms that can be used for the law enforcement to eliminate the gaps indicated above.

The purpose of the article is to analyze existing legal categories within civil law that can mediate the introduction of artificial intelligence into civil circulation.

It was found that the legal regime of animals in civil law can be applied by analogy to relations with artificial intelligence, but in a limited circle of legal relations, namely the application by analogy of the rules of tort liability for damage caused by an animal to cases where the damage was caused as a result of the use artificial intelligence.

It was determined that the rules of compensation for damage caused by a source of increased danger may be applied to relations regarding the compensation for damage caused by artificial intelligence, if the device (mechanism) equipped with an artificial intelligence system corresponds to the characteristics of the source of increased danger (for example, a self-driving car).

The categories of contracts for the development of artificial intelligence and the general limits of using the contract as a regulator of relations regarding artificial intelligence are outlined.

The proposal to use the already existing form of a limited liability company as a “shell” for artificial intelligence has been criticized.

The legal categories analyzed in this article within the framework of existing law, which can be used to eliminate gaps in civil law with the aim of introducing artificial intelligence into civil circulation, do not exhaust all possible cases. Moreover, as artificial intelligence technologies are introduced into civilian use, the list of such categories will grow steadily. That will probably cause the need to find general approaches for civil law regulation of relations with artificial intelligence.

Bibliography

Authored books

1. Ugo P, The Laws of Robots. Crimes, Contracts, and Torts (Springer 2013) (in English).

Journal articles

2. Bayern S, ‘The implications of modern business-entity law for the regulation of autonomous systems’ (2015) 93 Stan. Tech. L. Rev. 93–112 (in English).

3. Cerka P, Grigiene Jurgita, Sirbikyte Gintare, ‘Liability for damages caused by artificial intelligence’ (2015) 31 Computer Law & Security Review 386 (in English).

4. Giuffrida I, Lederer F, Vermerys N, ‘A Legal Perspective on the Trials and Tribulations of AI: How Artifificial Intelligence, the Internet of Things, Smart Contracts, and Other Technologies Will Affect the Law’ [2018] 68 (3) Case W. Rsrv. L. Rev. 767–8 (in English).

5. Koos S, ‘Artifical Intelligence as Disruption Factor in the Civil Law: Impact of the use of Artificial Intelligence in Liability, Contracting, Competition Law and Consumer Protection with Particular Reference to the German and Indonesian Legal Situation’ [2021] 36 (1) Yuridika 243–4 (in English). 6. Kolodin D, Batailiuk D, ‘Shchodo pytannia tsyvilno-pravovoi vidpovidalnosti za shkodu, zavdanu robotyzovanymy mekhanizmamy zi shtuchnym intelektom (robotamy)’ (2018) 33 Chasopys tsyvilistyky 87–91 (in Ukrainian).

7. Marushchak Ya, ‘Tovarystva v Yevropeiskomu Soiuzi: prava ta obov’iazky yikh uchasnykiv’ (2017) 6 Pidpryiemnytstvo, hospodarstvo i pravo 45 (in Ukrainian).

8. Michurin Ye, ‘Pravova pryroda shtuchnoho intelektu’ (2020) 5 Forum prava 71 (in Ukrainian).

9. Posykaliuk O, ‘Pravova pryroda shtuchnoho intelektu: mizh “ob’iektom” i “sub’iektom”’ (2022) 3 Pravo Ukrainy 116–23 (in Ukrainian).

Conference papers

10. Kokhanovska O, ‘Tsyvilno-pravova vidpovidalnist sub’iektiv informatsiinykh vidnosyn za umov podalshoho rozvytku avtonomnykh robotiv i shtuchnoho intelektu’ v R Maidanyk (vidp red), Modernizatsiia tsyvilno-pravovoi vidpovidalnosti. Matvieievski tsyvilistychni chytannia. Materialy mizhn. nauk.-prakt. konf. (2019) (in Ukrainian).

11. Nekit K, ‘Shchodo mozhlyvosti samostiinoi mainovoi vidpovidalnosti robotiv (shtuchnoho intelektu)’ v R Maidanyk (vidp red), Modernizatsiia tsyvilno-pravovoi vidpovidalnosti. Matvieievski tsyvilistychni chytannia. Materialy mizhn. nauk.-prakt. konf. (2019) (in Ukrainian).

Theses

12. Luts D, ‘Tvaryny yak ob’iekt tsyvilnykh pravovidnosyn’ (dys kand yuryd nauk, 2015) (in Ukrainian).