Challenges of smart contracts in contract law - do algorithmic tools undermine human autonomy?

• Author: Agnieszka Kubiak Cyrul
• Pages: 327-339

327

Challenges of smart contracts in contract law –

do algorithmic tools undermine human

autonomy?1

Agnieszka Kubiak Cyrul2

Andrzej Frycz Modrzewski Krakow University

1. INTRODUCTION

The development of new technologies has led to significant progress in

the automation of processes related to the conclusion of contracts and their

performance. Today, computers and proper software facilitate legal acts in

commercial transactions without the need for direct human involvement. The digital

environment has become the preferred forum for various types of transactions.

Advanced technologies designed for e-commerce include tools equipped with

algorithms classified as artificial intelligence, using machine learning processes, as

well as functioning in a decentralized distributed ledger environment (blockchain).

In recent years, particular expectations have been raised in relation to a

smart contract inscribed in the blockchain. Its enthusiasts recognize it as a tool

1 This paper is the result of research funded by the National Science Centre in Poland under the

project no. 2017/27/B/HS5/01376.

2 PhD, Adjunct Professor at Andrzej Frycz Modrzewski Krakow University, Faculty of Law,

Administration and International Relations, Chair of Civil Law. Author of numerous publications in the

scope of civil law and consumer law.