Brenneisen, Stefan. Attribution of AI-controlled actions in contract formation : a comparative study between Thai and German contract law. Master's Degree(Business Laws). Thammasat University. Thammasat University Library. : Thammasat University, 2025.
Attribution of AI-controlled actions in contract formation : a comparative study between Thai and German contract law
Abstract:
The topic of this independent study aims to examine the difficulties of contract formation in the Federal Republic of Germany and the Kingdom of Thailand with regard to AI-controlled actions and to find potential suitable doctrinal solutions for both jurisdictions. As such, the paper requires first and foremost an understanding of what artificial intelligence actually is, and how the technology behind works in principle. Having determined a general perception of AI and its functioning, the study goes on to analyze the problems that arise from the involvement of AI in the contract formation process. Special emphasis is thus put on the general doctrine of juridical acts and its compatibility with autonomously acting AI in contract formation. It can be observed that an attribution of AI-controlled actions in contract formation to the user of the respective system cannot be established due to a lack of a corresponding declaration of intention. The study thus continues to evaluate the doctrinal solutions available under German and Thai law to establish an attribution to the user behind the AI system. In this regard, it is observed, that a contractual solution between the user of the AI and the other party prior to the AI-controlled action can lead to a legally binding agreement between the parties. Furthermore, a reliance-based liability for the user of the AI can be established in both jurisdictions in case the parties did not agree in advance.
Thammasat University. Thammasat University Library