Questioni in tema di intelligenza artificiale e disciplina del contratto

The essay investigates the attitude of traditional contractual categories to acknowledge the change caused by the current development of artificial intelligence. In addition to the problem concerning the identification of the contractors – who can hide in the electronic network through anonymity or the use of pseudonyms – there is also the problem concerning the knowledge of the content of the contract and the predictability of its execution methods. This last subject takes on particular importance in smart contracts, that consist of computer programs allowing self-execution and in which automation involves the replacement of man not only in the execution but also in the choice of the activity to be performed. Therefore it is necessary to ask, on the one hand, what happens if the program, envisaged by the parties, does not correspond to what is actually performed by the machine; on the other hand, whether if it is possible to evaluate (through tolerance, good faith) a different behavior than that originally envisaged.