Тhe impact of generative artificial intelligence on contract law: legal challenges and ethical issues

Kambovski, Igor (2024) Тhe impact of generative artificial intelligence on contract law: legal challenges and ethical issues. Right to Justice-Challenges of Modern Age - Proceedings of the 37th Meeting of Kopaonik School of Natural Law-Slobodan Perovic, III. pp. 254-265. ISSN ISBN: 978-86-81956-28-1

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Abstract

The rapid development of generative artificial intelligence (AI) is revolutionizing various aspects of societal life, including the legal field and contract law. This paper explores the legal challenges that arise in the process of contract formation involving AI, focusing on the autonomous
actions of AI and their legal implications. In both the pre-contractual and post-contractual phases, the lack of transparency and fairness introduced by AI is highlighted, emphasizing the need to develop legal and ethical standards to ensure the safe application of this technology. Traditional contract law relies on the principles of party autonomy and mutual consent. The key question is whether AI, as a system without consciousness and independent decision-making capacity, can be a party to a contract. In this context, AI may serve as a tool to assist in preparing, drafting, or analyzing contracts, but it cannot make decisions regarding the essential elements of a contract. The freedom of contract requires that the parties are fully informed of their negotiating positions, yet the current legal framework is not fully equipped to address the challenges posed by AI, leaving issues of transparency, responsibility, and fairness unresolved and requiring attention in future legal norms.
The integration of AI into contract law must be carefully considered to harness its advantages while preserving legal certainty and ethics.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Igor Kambovski
Date Deposited:	15 Jan 2025 09:29
Last Modified:	15 Jan 2025 09:29
URI:	https://eprints.ugd.edu.mk/id/eprint/35426

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