When the Legal Personality of an Artificial Person Does Come to an End

Therefore, a “corporation” is a legal entity created by a process other than natural birth. For this reason, it is sometimes called an artificial legal entity. As a legal person, a company can enjoy many rights of a natural person and assume many responsibilities of a natural person. A corporation owes its existence either to a special Act of Parliament or to company law. Public bodies such as Life Insurance Company of India, SBI, etc. have been established under special Acts of Parliament. In contrast, companies such as Tata Steel Ltd. and Reliance Industries Ltd. were established under the Companies Act, i.e.: The Companies Act 1956, which is replaced by the Companies Act 2013. Legally, a company is an association of natural and legal persons constituted according to the laws of a country. Autonomous or semi-autonomous robots that interact with humans will inevitably violate human rights.

Giving robots legal rights without balancing legal obligations would only make things worse. In the conflict between the robot and human rights, only the former would be responsible for the latter; People have no legal recourse. This would not necessarily be a problem if we now considered the second part of the SI: intelligence. Regardless of the current state of AI in general, here we take some artistic freedom with the level of intelligence we are looking at. We represent a level of intelligence at least equal to human intelligence. Footnote 7 Such a determination is both useful and necessary. It is useful that we can find common ground between the suggestions that any hyperintelligence would take a Skynet-like approach to the existence of the human race, and between the idea that subhuman – or much less than human – intelligence is not worthy of recognition attributable to other legal entities. It is undeniable that our association of the SI with this particular level of intelligence could lead the discussion to a certain conclusion that would be different if alternative approaches were adopted. However, the choice of topic here is not arbitrary. Instead, it is chosen because it serves our inquiry here: to explore the essential nature of the IS in theory without having to consider additional practical concerns. As interesting as it may be, the discussion about an IS with a lower or higher level of intelligence should be left to future research – which would likely be based on the results of our survey here.

By posing the hypothetical in this way, we do not hope to see what is possible or feasible in all possible situations; We are just trying to look at what would be relevant in that situation. promote the material interests of legal entities recognized by him, and Perhaps a robot could be compared to a force of nature – a storm or an avalanche. But even this would not be satisfactory: natural forces are not legal persons. They affect our legal relationships, but we are not saying they have legal relationships. On the other hand, the electronic person would enter into some or all of the legal relationships available in the legal system, and yet it would be difficult for those with whom he deals with business or for third parties he meets to hold him accountable. We have insurance systems to fight floods and fires. You can sue its owner if a dog bites you. The constituent states of the Tin Council, if the court had wanted to break the veil, would be exposed to the debts it would have accumulated. On the other hand, an electronic person could turn out to be a legal black hole, an entity that absorbs the legal responsibilities of a human actor and for which there is no trace of responsibility. Unfortunately, there is no doubt that such an easily producible legal vacuum would be exploited as a mechanism to avoid and squeeze out legal responsibilities and obligations. The incorporation of a company as an artificial entity is legally recognized as a legal entity with rights and obligations. This means that the company is considered a separate entity from its participants.

It is owned by at least one shareholder and supervised by at least one director. This separate legal personality means that the company has an estate of indefinite duration. A company is not affected by the death, disability, bankruptcy or dissent of shareholders. Its existence ended upon its dissolution under the Companies Act 2013. Shareholders can come and go in the life of the company like an artificial person and are little affected by these changes. The liability of shareholders is limited to the value of the shares they hold. If the corporation does not meet its obligations, it cannot sell the personal property of shareholders to pay off the corporation`s debts. Chopra S, White L (2011) A legal theory for autonomic artificial agents. The University of Michigan Press, Ann Arbor One of the difficulties in the Tin Council case was that the legal relationships were new, so the court`s precedents offered no guidance on how to enforce the creditor`s rights: the situation was “abnormal” because the Cayuga tribe had legal personality as a legal entity in New York State. but not under international law. That is, the law that the court had the power to enforce did not recognize the tribe as an entity to which that law could apply. “[T]he recognized principles of justice and fairness” came to the rescue: the court turned to the individuals who formed the tribe to circumvent its inability to address the tribe.

Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. A corporation is designated by law as a legal person. It is called a legal entity because it can enter into a contract, own property in its own name, sue and be sued by others, etc. Essentially, it`s not human, but it works through humans. He is called an artificial person because he is invisible and immaterial and exists only in the vision of the law. He may have both rights and obligations. Artificial personality, legal personality or legal personality is the characteristic of a non-living entity that legally has the status of personality. Indian law defines two types of “legal entities”, human beings as well as certain non-human entities that have the same legal personality as human beings. Non-human entities that are legally designated as “corporations” “have ancillary rights and obligations; They can sue and be sued, can own and transfer property.” Because these non-human entities are “voiceless,” they are legally represented “by guardians and agents” to assert their legal rights and fulfill their legal duties and responsibilities.

Specific non-human entities with the status of “legal entity” include “legal personality, political bodies, non-profit trade unions, etc.” as well as trusts, deities, temples, churches, mosques, hospitals, universities, colleges, banks, railways, municipalities and gram panchayats (village councils), rivers, all animals and birds. [22] Chopra S, White L (2004) Artificial agents – personhood in law and philosophy. In: De Mántaras RL, Saitta L (eds) The 16th European conference on artificial intelligence, Valencia, 22-27 August 2004 However, legal personality is also extended to other entities that are not human beings. Footnote 10 In this regard, a key difference is that there is no standard assignment. Legal personality must be conferred or recognized in this respect in order to exist (Teubner 2006). One of the most fundamental and common cases of this recognition concerns the structure of the company. A company is in many ways a legal fiction (Schane 1987). Footnote 11 It may sue in its own name and be subject to sanctions. Unlike a human, he has no physical form, but he has a controlling mind (composed of his board of directors and shareholders) (Lord 2013). Although a society has no physical form, by its creation as an artifact due to its headquarters in a particular place and jurisdiction, it is anchored. Footnote 12 This very practical consideration allows for jurisdictional limitations and ensures that a corporate structure cannot exist in a vacuum.