The Impact of Artificial Intelligence Applications on Contract Theory: A Comparative Study

This research aims to study the impact of Artificial Intelligence (AI) applications, particularly smart contracts and smart agents, on the traditional rules of contract theory in civil law. The study analyzes and compares the extent to which the legislation and judiciary in Iraqi and Egyptian law (belonging to the Latin Civil Law family), French law (the historical origin), and English law (belonging to the Common Law family) accommodate the challenges posed by AI to the essential elements of a contract, primarily consent, object, and cause, in addition to the problem of legal liability arising from the errors of these applications. The research concludes that the traditional rules of contract theory face significant difficulties in adapting to these new phenomena, necessitating legislative intervention to regulate liability and define the legal framework for the operation of smart agents, while considering the divergence between the compared legal systems.

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Publication Details

Journal
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Published
2026-03-02
DOI
https://doi.org/10.64682/3104-9419.1116
Primary Topic
Law, AI, and Intellectual Property
Type
article
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article

The Impact of Artificial Intelligence Applications on Contract Theory: A Comparative Study

Dr. Kazem Hammadi Yousif Al-Halfi
Imam Ja afar Al-Sadiq University Journal of Legal Studies
Law, AI, and Intellectual Property
article

The Impact of Artificial Intelligence Applications on Contract Theory: A Comparative Study

Dr. Kazem Hammadi Yousif Al-Halfi
article en

Abstract

This research aims to study the impact of Artificial Intelligence (AI) applications, particularly smart contracts and smart agents, on the traditional rules of contract theory in civil law. The study analyzes and compares the extent to which the legislation and judiciary in Iraqi and Egyptian law (belonging to the Latin Civil Law family), French law (the historical origin), and English law (belonging to the Common Law family) accommodate the challenges posed by AI to the essential elements of a contract, primarily consent, object, and cause, in addition to the problem of legal liability arising from the errors of these applications. The research concludes that the traditional rules of contract theory face significant difficulties in adapting to these new phenomena, necessitating legislative intervention to regulate liability and define the legal framework for the operation of smart agents, while considering the divergence between the compared legal systems.

Imam Ja afar Al-Sadiq University Journal of Legal StudiesVol. 6(1)
Openalex Percentile: Top 41%
Law, AI, and Intellectual Property
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The Impact of Artificial Intelligence Applications on Contract Theory: A Comparative Study — Dr. Kazem Hammadi Yousif Al-Halfi · Imam Ja afar Al-Sadiq University Journal of Legal Studies (2026) | TGRS Research Map | TGRS