Legal capacity of the smart robot (Analytical and original research according to the provisions of the Iraqi law compared to the European law for robots)
الأهليح القاًىًيح للزوتىخ الذكي (تحث تحليلي وتأصيلي وفق أحكام القاًىى العزاقي هقارًاً تالقاًىى الأوروتي للزوتىتاخ)
This academic research article analyzes the legal capacity and personality of smart robots under Iraqi law compared with European robotic law. It examines the inadequacy of treating advanced artificial intelligence and humanoid robots merely as property or things under traditional civil codes. The author proposes establishing a distinct legal framework based on guardianship rather than ownership or agency to govern the actions, liabilities, and legal capacity of smart robots.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
Legal scholars, legislators, and researchers studying the intersection of artificial intelligence and civil jurisprudence should read this to understand proposed legal frameworks for robot personhood.
What the document contains
The article examines the legal definitions of smart robots, critiques current European civil law approaches to robotics, analyzes the concept of robot legal personality, and proposes comparative solutions under Iraqi civil law including guardianship and capacity stages.
The document does not provide binding legislative text, statutory provisions, or enforcement mechanisms, as it is an analytical and original research paper.
- Traditional civil law classifications treating robots merely as property or inanimate objects are inadequate for advanced artificial intelligence.
- Smart robots with learning capabilities, independent decision-making, and autonomy create unique legal and moral challenges regarding liability for damages.
- The European concept of 'electronic personality' and 'non-human agent' has limitations and still leaves owners fully liable.
- The author proposes applying a guardianship model ('Wilayah') rather than simple ownership or agency to govern smart robots and their financial independence.
· Abstract · Introduction · I. The Foundation of Robot Eligibility and Legal Conditioning · II. Making the Smart Robot a Legal Person · Conclusion and Recommendations
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Fairness
0/5Non-discrimination and equitable treatment
screening score · 2026-10-23
Privacy
0/5Protection of personal data and private life
screening score · 2026-10-23