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Document Type

Original Study

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.

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