Das technische Phänomen „Künstliche Intelligenz“ im allgemeinen Zivilrecht

The phenomenon of Artificial Intelligence (AI) gains increasing relevance in contract and tort law. Addressing these subjects requires some essential knowledge about AI. This work briefly depicts technical aspects of AI and possible measures. It shows that implemented AI is nothing else as a computer software. Therefore, any AI is deterministic but yet is able to produce simple but true behaviour. This leads to the challenge of predicting and explaining AI behaviour (xAI), especially of behaviour relevant for law. Based on this, the implications to contract and tort law were analysed. It is shown that a recognition as a person or a legal entity do not provide any added value. The true challenges of AI are located elsewhere.