МОЖЕ ЛИ ВИРТУЕЛНИ ЛИК ДА БУДЕ СУБЈЕКТ ПРАВА?
CAN A VIRTUAL CHARACTER BE A SUBJECT OF LAW?
Subject(s): Law, Constitution, Jurisprudence, ICT Information and Communications Technologies
Published by: Правни факултет Универзитета у Београду
Keywords: Subject of law; Natural person; Legal person; Virtual character; Avatar;
Summary/Abstract: Law cannot exist without subjects. They have always existed as conditio sine qua non of law. Firstly, natural persons became subjects of law, and thereafter also their creations – legal (moral) persons. Information and technological developments could not have bypassed contemporary law. As a result, more often and considerably more is being thought about a new, third type of the subjects of law – virtual characters (avatars). This is being done for the purpose of advancing and organizing business communication, which is increasingly being translated from the traditional actual world into the new virtual computer world. This change requires the re-examination of traditional beliefs and theories concerned with what a subject of law is at all. It also requires at this moment to at least make an attempt to determine the legal nature of virtual characters. When it has to do with the explanation of their essence, it seems that at this moment fiction theory is more acceptable than reality theory, which may sometime prevail, as it had happened with the subjectivity of the legal person at some point in time in the 17th century.
- Issue Year: 59/2011
- Issue No: 2
- Page Range: 28-42
- Page Count: 15
- Language: Serbian