The development of artificial intelligence (AI) represents one of the most significant technological revolutions of our time. Its rapid progress requires a thorough legal analysis, especially in the field of contract law. AI is the product of decades of research, which have developed from simple algorithms that performed given operations, to autonomous systems capable of making decisions. This technology affects many sectors, including health, education, trade and industry, but its impact on the legal system is particularly significant. Traditional contract law is based on the principles of freedom of will, the meeting of wills and the intention of the parties to create rights and obligations. The fundamental question in the context of AI is - can a system that does not have consciousness or the ability to make independent decisions in accordance with human reasoning be a party to a contract? Namely, contractual relationships imply the existence of the intention of the parties, and the question is whether an AI system can form such an intention. Artificial intelligence can be particularly useful in the pre-contractual phase, where its data analysis capabilities can significantly speed up the process of drafting and negotiating. For example, AI can analyze large databases and extract the most relevant information that can influence the terms of a contract. This includes recognizing patterns in similar contracts, identifying anomalies, and standardizing certain clauses. While AI shows the potential to increase efficiency and accuracy in the contract creation process, the application of these technologies to key elements of a valid contract must be carried out with caution. AI can draft, review, analyze, and make recommendations for contracts in a short period of time; however, ethical and legal issues related to the lack of transparency, accountability, and fairness in managing the contract lifecycle remain and need to be addressed in the future development of legal norms and rules. The Croatian Law on Obligations, as well as similar Macedonian and Serbian Laws, do not recognize or regulate this type of contract, but the 2024 EU Artificial Intelligence Act provides general guidelines for its responsible and transparent application.
Kambovski et al. (Fri,) studied this question.