The Legal Nature of the Intelligent Electronic Agent in Electronic Transactions: Concepts and Challenges

Abstract

The intelligent electronic agent constitutes one of the most significant manifestations of artificial intelligence deployment in the legal sphere. It refers to a second-generation digital software program, grounded in artificial intelligence, installed on automated devices to execute designated tasks and autonomously render decisions in the formation of electronic contracts. This technology profoundly influences both the digital ecosystem and the legal landscape. The present study delineates the legal nature of the intelligent electronic agent and elucidates the contemporary legal challenges attendant upon its utilization. It examines the persistent discrepancy between technological progress and prevailing legislative frameworks, with particular emphasis on critical issues including legal liability, data protection, and the validity of electronic contracts.
The analysis culminates in several key findings. Foremost among them is the recognition that attributing independent legal personality to the intelligent electronic agent remains a profoundly intricate proposition. While the agent exhibits notable autonomy, initiative, environmental interaction, and capacity to engage in contract formation, it remains inextricably tethered to the human programmer or operator who designed or deploys it. Consequently, the study underscores the imperative to remedy existing legislative lacunae by accommodating innovative contracting modalities—such as those facilitated by intelligent agents—and integrating them as integral components of the contemporary legal order.