Autonomy of will in the age of algorithms: the example of smart contracts

The article is devoted to the philosophical, legal and comparative legal analysis of the transformation of the autonomy of the will in the context of algorithmization of private law. The subject of the study is the transformation of the autonomy of the will as a system-forming principle of private law in the context of algorithmization of contractual relations. The focus is on the relationship between automaticity of fulfillment of obligations (smart contracts) and dispositivity, as well as the functional change in the role of the subject of civil law in the digital environment. In this paper, attention is paid to the problem of the relationship between automaticity of fulfillment of obligations and dispositivity as a system-forming principle of contract law. The author proceeds from the historiographical understanding of the autonomy of the will, which has developed in European and Russian civil law, and considers the smart contract as a technological form of realization of the previously expressed will of the parties. Additionally, the limits of judicial control and the preservation of traditional principles of good faith and proportionality in algorithmic mandatory structures are analyzed. The research methodology is based on a combination of philosophical-legal and comparative-legal approaches. The author applies a formal dogmatic method to analyze the category of autonomy of will and the legal nature of a smart contract in Russian civil law. The scientific novelty of the article lies in substantiating the thesis that the algorithmization of private law, contrary to the doctrinally widespread ideas about the "death of the subject" and the replacement of the autonomy of the will by program code, leads not to the denial of the classical model of the contract, but to the functional transformation of the role of the subject. Based on a comprehensive comparative legal analysis (Russia, the countries of continental Europe, the USA, China), the predominance of an integration regulatory model has been revealed, in which a smart contract adapts to existing legal structures without revising the conceptual core of the law of obligations. A comparative legal analysis of the regulation of smart contracts in Russia, the countries of continental Europe, the USA and China demonstrates the predominance of an integration model in which digital technologies adapt to existing legal structures without revising the conceptual core of the contract. The conclusion is drawn that the subject of private law in the era of algorithms does not lose its autonomy, but becomes the architect of its own digital normativity, while maintaining the status of a bearer of will and legal responsibility.