Abstract

This article discusses the issue of contractual liability in the case of the use of artificial intelligence to conclude and perform contracts in civil law agreements. It is necessary to pose the question whether the provisions on contractual liability are adapted to the specifics of the functioning of artificial intelligence in legal contracts. An important issue is how the liability of the so-called holder of artificial intelligence should be formed and who should be recognised as such a holder. Also, the occurrence of certain defects in declarations of intent and, in addition, the presence of prohibited clauses in contracts concluded by means of artificial intelligence will affect the existence as well as the scope of contractual liability. Furthermore, the circumstance of how the duty of care should be understood in the case of contracts concluded and performed by means of artificial intelligence requires consideration.