Legal Entities of a Private Property in Information Society

Анотація

The article is devoted to a research of changes in the list of subjects of the property relations caused by intensive development of information and communication technologies and formation of information society. The status of such potential subjects of civil legal relationship as the virtual organizations and artificial intelligence (robots) is analysed. Opportunities for the specified subjects to be participants of the property relations are defined, mechanisms of their participation in civil circulation are offered. Differences between concepts of the virtual organizations and virtual legal entities are analysed. Formation of the special register for virtual legal entities with definition of jurisdiction of the country where registration will be carried out is offered. Differentiation between types of artificial intelligence is carried out. It is defined that only the general artificial intelligence and robots created on its basis have a potential opportunity to be subjects of civil legal relationship. Options of possession of property for robots are considered. The institute of fiduciary poperty or trust as the mechanism of realization of the property rights of robots-agents is offered. Parallels between such approach and so called peculium which existed at the time of the Roman law and was a kind of property which was transferred to possession to slaves for the benefit of their owners are drawn. It is noted that in that case the robot will have an opportunity to own property, but at the same time, it will be the property for a certain target, and its use will be controlled by the founder of fiduciary property (trustor). Besides responsibility according to obligations of the robot will be limited to the size of the property transferred to him.

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