A reconfiguration of the conclusion and execution of contracts based on artificial intelligence (AI): if we (no longer) need the will of the contracting parties

The article aims to analyze some aspects regarding the major impact that artificial intelligence (IA) has on the way contracts are concluded and executed, through the advantages of AI (regarding time reduction, efficiency based on rapid interactions, reduction of human risks, risk detection, automation), but also through the risks of using AI in contracts (which sometimes concern the impossibility of understanding a specific context related to the conclusion or execution of a contract, the operation of a system that is based only on certain data on which it was trained, which could sometimes be biased or could propose risky solutions, through the problems related to assuming responsibility for system errors and possibly influencing or even replacing the will of the contracting parties) as well as the limits of using AI in contracts (regarding possible errors determined by algorithms or technical failures, data security, data confidentiality). Artificial intelligence will be used in contracts in the future and will reconfigure the traditional way of negotiating, concluding and executing the contract by becoming a tool intensively used by legal specialists as a support tool, and their role will shift to the area of supervision, interpretation, verification, and we believe that it will be mandatory for their role to be increased to ensure that ethical boundaries and responsibility regarding the use of artificial intelligence in contracts are respected.