Questioni in tema di intelligenza artificiale e disciplina del contratto

This 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