M2M-Vertragsschlüsse im deutschen und italienischen Recht

Regarding the German and the Italian Civil Codes, which are characterized by the doctrine of person, the adoption of voluntative contractual elements by software agents and the resulting possibility of M2M contract conclusions raise fundamental questions about the attribution of such declarations. Against this background, the unilateral use of technical and digital tools for contractual declarations is analyzed from a functional comparative law perspective. Based on the knowledge gained, the respective existing dogmatic opinions for the conclusion of M2M contracts are examined on the basis of examples and potential disruptions of the technology.