Toward a Conceptual Network for the Private Law of Artificial Intelligence

Contents
Chapter 1: Introduction: Is a New Conceptual Network Necessary to Adapt the Civil (Private) Law to the Development of AI and R...
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Chapter 2: Artificial Intelligence and Legal Subjectivity
	2.1 Introduction
	2.2 Alleged Hierarchy: (AI?), Human Beings, (AI?), Juristic Persons, (AI?), Animals
	2.3 Sentience and Reason
	2.4 Presence/Participation in Social Life
	2.5 Legal Subjectivity as a Social Fact
	2.6 Does AI Participate or Is Present in Social Life?
	2.7 Should AI Be Endowed with Legal Subjectivity?
	2.8 What Form of Legal Subjectivity Should AI Have? Electronic Persons, Synthetic Persons Etc.
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Chapter 3: Will and Discernment
	3.1 Introduction
	3.2 Free Will and Discernment of AI?
		3.2.1 Free Will
		3.2.2 Discernment
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Chapter 4: Capacity for Juridical Acts
	4.1 Introduction
	4.2 Capacity for Juridical Acts of AI: Theoretical and Legal Bases
	4.3 A Legal Capacity of AI and Its Capacity for Juridical Acts as a Function of Registration
	4.4 Capacity for Juridical Acts by a Human User of AI
	4.5 Capacity for Juridical Acts by the Juridical Person Using the AI
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Chapter 5: Consent
	5.1 Introduction
	5.2 Attributability
		5.2.1 The Construct
		5.2.2 Exceeding the Scope of Authorization
		5.2.3 Acting Outside Registration
		5.2.4 Acting as a Legal Person´s Body
		5.2.5 AI-Representative Acting in Its Own Name
	5.3 AI´s Intent and Declaration of Intent
	5.4 Contracts A2A (AI-to-AI)
	5.5 Defects in the Declaration of Intent. Vitiated Consent or Intention
		5.5.1 The Concept
		5.5.2 Mistake and Fraud
		5.5.3 Threats
		5.5.4 Unfair Exploitation
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Chapter 6: Personal Interests of AI
	6.1 Introduction
	6.2 The Possible Types of Personal Interests of AI
		6.2.1 Existence and Procreation
		6.2.2 Personal Interests Related to Consciousness, Emotions and Embodiment
			6.2.2.1 Freedom
			6.2.2.2 Privacy
			6.2.2.3 The Confidentiality of Correspondence
		6.2.3 Personal Interests Implied by Social Relations: Identity and Reputation
	6.3 Personal Interests of AI After Its ``Death´´
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Chapter 7: Copyright
	7.1 Introduction
	7.2 The Work: The Founding Category of Copyright
	7.3 AI and the Work. Existing Concepts
	7.4 AI as an Author
	7.5 The Proposal
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Chapter 8: Property
	8.1 Introduction
	8.2 AI as an Owner of Property
	8.3 AI as Property
	8.4 The Will of AI Versus the Will of the Owner
	8.5 AI as a Subject of Joint Ownership
		8.5.1 Shared AI in the Household
		8.5.2 Joint AI in a Company
	8.6 AI as a Household and Family Member
	8.7 AI as a Possessor of Property
	8.8 AI as an Owner of AI
	8.9 Succession of Rights of AI
	8.10 The User´s Death and the Succession of the Personalized AI
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Chapter 9: Contract
	9.1 Introduction
	9.2 Adequacy of Basic Principles
		9.2.1 Freedom of Contract
		9.2.2 Freedom of Form
		9.2.3 Pacta Sunt Servanda
		9.2.4 Subjective Circumstances on the Part of AI
	9.3 Interpretation of Contracts Involving AI
		9.3.1 The Conclusion of the Contract by AI as a Circumstance Affecting the Interpretation of the Contract
		9.3.2 The Language of the Contract. In Dubio Contra AI
		9.3.3 AI as a Dominant Player in the Negotiations
	9.4 Due Diligence in Contracts Involving AI
	9.5 Performance of Contracts by AI
	9.6 Information Obligation
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Chapter 10: Abuse of Right
	10.1 Introduction
	10.2 Abuse of Rights in the Context of the Principle of Respect for Human Autonomy
	10.3 The Abuse of Rights in the Context of Prevention of Harm
	10.4 Intellectual Advantage as an Abuse of Right?
	10.5 Tacit Collusion
	10.6 Conclusions
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Chapter 11: Liability of AI
	11.1 Introduction
	11.2 Basic Concepts
	11.3 Legally-Relevant Damage Caused by AI
	11.4 Causation
	11.5 Negligence: Standard of Conduct (Reasonable Care, Due Diligence and so on)-The Novelty for AI or Also for Humans?
	11.6 Culpability of AI
		11.6.1 Legal Culpability for AI: Why Is It Needed?
		11.6.2 Legal Culpability: The Concept Representing Physical Fact or Social Fact? Is It Possible for AI to be Culpable?
		11.6.3 Legal Culpability: The Unified Concept, Radial Concept, or Many Concepts? Is It Possible at All to Cognize the Culpabil...
		11.6.4 Legal Culpability: An Autonomous or Relational Concept? How to Assess the Legal Culpability of an AI?
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Chapter 12: Conclusions