Professor Dornis article in the leading German journal on private law theory attempts a systematic approach and a reconceptualization of the doctrinal structure of “AI contracting.“
Artificially intelligent systems (AI systems) are virtually everywhere. They are not only used in autonomous cars or cleaning robots but also as agents on online marketplaces or on financial markets. In these contracting scenarios, the AI system substitutes the human – it determines and evaluates the conditions and circumstances that are relevant for the contract and it also brings about an agreement with the other side. Even active negotiations led and undertaken by the AI only seem to be a matter of time. In all these cases, the AI system acts autonomously and free of human direction and control. Not surprisingly, the doctrinal classification of AI behavior is highly disputed: What is the status of autonomous AI systems? Do these systems form a contractual will and do they declare a valid offer or acceptance? Will a contract come into existence? What are the consequences of an AI malfunction?
