Vertragsschluss und vertragliches Verschulden beim Einsatz von Künstlicher Intelligenz und Softwareagenten

The subject of this Ph.D. thesis is the use of Artificial Intelligence for the conclusion of a contract in German civil law, as well as the resulting contractual liability. First of all, the technical characteristics that determine a legal assessment are highlighted. Then, the work deals with the classification of the statement made by Artificial Intelligence as a declaration of intent, followed by the possibility of contesting. It also discusses whether Artificial Intelligence can act as a proxy for its users. The main part focuses on default by using intelligent software according to sec. 276 para. 2 BGB (German Civil Code) if the contracting parties use Artificial Intelligence to perform their obligation. Also, an outlook on other issues (such as the insurability or any need for regulation on the use of intelligent systems) is given.