Police laws on contracting with artificial intelligence systems

Abstract

In the current digital era, artificial intelligence (AI) has profoundly transformed private law relations, particularly in the contractual domain. AI systems, such as electronic data interchange (EDI) and algorithmic trading platforms, facilitate contract formation, negotiation, and execution. This automation presents unique challenges for Private International Law (PIL), particularly concerning the determination of the applicable law and the role of mandatory rules in complex contractual contexts. This study examines the interaction between mandatory rules and automated contracting, considering factors such as the parties' mental state and potential technical errors. It explores European regulations, relevant jurisprudence from the Court of Justice of the European Union (CJEU), and contemporary doctrine to understand how this new contractual reality is shaped. Finally, it addresses the need to develop innovative legal solutions that ensure the protection of essential public interests without undermining contractual autonomy in a globalized digital environment.