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AI Agents And Legal Personality: Rethinking Legal Personhood In The Age Of Autonomous Artificial Intelligence




Shweta, Guru Nanak Dev University, Amritsar.


ABSTRACT


The rapid development of autonomous artificial intelligence (“AI”) agents is challenging traditional assumptions about agency, responsibility, and legal personality. Unlike conventional software, increasingly sophisticated AI agents can interpret objectives, formulate plans, interact with external systems, make decisions, and perform actions with limited or delayed human intervention. This development raises a fundamental legal question: should highly autonomous AI agents continue to be treated merely as objects or tools of human actors, or should the law recognise them as a distinct category of legal entity? This article examines the concept of legal personality through jurisprudential theories and compares the emerging position of AI with established artificial persons such as corporations and juristic entities. It argues that autonomy alone does not justify granting AI full legal personality. Nevertheless, the increasing independence of AI agents exposes an accountability gap that cannot always be satisfactorily resolved through conventional doctrines of agency, negligence, contract, and product liability. The article therefore proposes a limited and functional model of AI legal personality for highly autonomous systems, subject to registration, traceability, human oversight, financial responsibility, and continuing liability of developers and deployers. Such recognition should not confer human rights or moral personhood upon AI. Rather, it should operate as a regulatory mechanism for allocating rights, duties, and liabilities in circumstances where autonomous AI performs legally significant activities.


Keywords: Artificial Intelligence; AI Agents; Legal Personality; Juristic Personality; Autonomous Systems; Liability; AI Regulation; Legal Personhood.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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