EXISTENCE OF ARTIFICIAL INTELLIGENCE FOR AUTOMATION OF CONTRACT FORMATION BASED ON THEORY CONTRACT LAW

Authors

  • Rina Arum Prastyanti Universitas Duta Bangsa Surakarta Indonesia
  • Wuthichai Tengpongsthorn Faculty of Law, Huachiaw Chalermprakiet University Thailand

DOI:

https://doi.org/10.47701/icohetech.v4i1.3416

Keywords:

Contract, law, Artificial intelligent

Abstract

Artificial intelligent technology gives rise to contract automation. In contract law, intention is one of the principles of making contracts. In addition, contracts must also be formed based on the results of discussions and meetings of minds which result in accordance with the wishes or desires so that they can be included in a contract. Contract automation through Artificial Intelligent can be called a conflict of fundamental requirements for contract formation. The general contract law that has emerged through Artificial Intelligence does not take into account mental state and does not examine the true thoughts or intentions of the parties. Based on the explanation above this research aim is to find out Artificial Intelligent in contract formation based on the theory of contract law.

Law is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior in normative legal research with the goal of discovering facts that are used as research data relating to the existence of artificial intelligent for automation og contract formation based on contract theory contract law. This research method employs a statutory approach involving a review of all relevant laws and regulations. This type of research is also known as descriptive-analytical research because the findings are presented descriptively and analytically, so this method was chosen

The findings research, contracts formed using artificial intelligence are not legally binding, even if the technology underlying them advances. The technology that underpins them advances. Currently, despite the fact that computer programs or Artificial Intelligence create contracts. There is no authority to support any legal distinction based on the level of human involvement or program complexity. If the common law of contract is to introduce a distinction depending on how the theory of contract law is based on the appearance of the intent of a person or legal entity in making the statements in the contract as intended."Unintended contracts," or contracts that do not arise from the intention of a person or legal entity and are not based on the fairness and trust theory, will be prohibited

References

Baris Soyer , Andrew Tettenborn, Artificial intelligence and civil liability—do we need a new regime?, International Journal of Law and Information Technology, Volume 30, Issue 4, Winter 2022, Pages 385–397, https://doi.org/10.1093/ijlit/eaad001

Creswell J.W. (2015). A concise introduction to mixed methods research. Sage Publications.

Curran, Nathaniel & Sun, Jingyi & Hong, Joo-Wha. (2020). Anthropomorphizing AlphaGo: a content analysis of the framing of Google DeepMind’s AlphaGo in the Chinese and American press. AI & SOCIETY. 35. 10.1007/s00146-019-00908-9.

Frederik Zuiderveen Borgesius, 2018, DISCRIMINATION, ARTIFICIAL INTELLIGENCE, AND ALGORITHMIC, Published by the Directorate General of Democracy © Council of Europe - 2018 Printed in Strasbourg

Fried, Charles, 'Contract as Promise', Contract as Promise: A Theory of Contractual Obligation, 2nd edn (New York, 2015; online edn, Oxford Academic, 21 May 2015), https://doi.org/10.1093/acprof:oso/9780190240158.003.0002, accessed 25 Aug. 2023.

Hamed Taherdoost, 2021, Data Collection Methods and Tools for Research; A Step-by-Step Guide to Choose Data Collection Technique for Academic and Business Research Projects, International Journal of Academic Research in Management (IJARM) Vol. 10, No. 1, 2021, Page: 10-38, ISSN: 2296-1747

Jean Allain and Robin Hickey, The International and Comparative Law Quarterly, Vol. 61, No. 4 (OCTOBER 2021), pp. 915-938 (24 pages), Published By: Cambridge University Press

McConville, Mike, and Wing Hong Chui, editors. Research Methods for Law. Edinburgh University Press, 2017. JSTOR, http://www.jstor.org/stable/10.3366/j.ctt1g0b16n. Accessed 19 Aug. 2023.

Randy E. Barnett, Some Problems with Contract as Promise , 77 Cornell L. Rev. 1022 (2022) Available at: http://scholarship.law.cornell.edu/clr/vol77/iss5/18

Schwartz, A., & Scott, R. E. (2003). Contract Theory and the Limits of Contract Law. The Yale Law Journal, 113(3), 541–619. https://doi.org/10.2307/3657531

Tanza Loudenback, Best Online Stock Trading Platforms of 2023, It’s not longer just about who charges the lowest commissions, Best Online Stock Brokers of 2023 - Buy Side from WSJ

Wan Yong, Lu Hongxuyang, Copyright protection for AI-generated outputs: The experience from China, „Computer Law & Security Reviewâ€, 2021, No. 3, available at https://www.sciencedirect.com/science/article/pii/S0267364921000546

Yusuf, Perlu Pemahaman Bersama Terkait Pengembangan AI Di Indonesia - Ditjen Aptika , https://aptika.kominfo.go.id/2020/02/perlu-pemahaman-bersama tentangpengembangan-ai-di-indonesia/, diakses pada 14 Januari 2023

Willem H. van Boom, Pieter Desmet and PeterMascini, 2018, Empirical Legal Research in Action. Reflections on Method and their Applications, Edward Elgar Publishing, Cheltenham, UK, Northampton, MA, USA

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Published

2023-09-23