Umowy algorytmiczne w świetle wybranych aktów modelowego prawa umów
Algorithmic contracts in the light of selected acts of model contract law

Summary/Abstract: Algorithmic contracts are another category of digitally enriched contracts thatare increasingly common in commercial practice. Their essence boils down to the deter-mination by an algorithm of the content of the parties’ obligation, whereby the algorithmmay act as a ‘negotiator’ or fill in gaps in the content of pre-established contractual terms.The specificity of these contracts has legally significant consequences and raises a numberof questions, e.g. whether an algorithm can create the content of a contract and whetherit will be legally binding, whether it will be possible to claim a declaration of intent errorwhen the system fails or the algorithm misanalyses data, what if the content of a statement‘made by an algorithm’ did not match the intention of the person using the algorithm? Thepurpose of this article will be to answer the above questions by taking into account selectedmodel acts and – as a side note, as it were – to assess the relevance of these acts for thepractice of trading and contract law more broadly.

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